Transcript of Removal Proceedings (2007-10-31)

Synopsis

This was my first appearance in the US Immigration Court. I had been illegally detained, without bail, by ICE for over a month by this point.

I knew DHS was required to prove a person is an alien BEFORE they could legally arrest, detain, and initiate removal proceedings on that person 8 USC § 1357. The wording of section 1357(a)(1) grants the power "to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States", however all other subsections only apply to aliens, not to persons believed to be an alien. Therefore, Congress's intention is clear: ICE has no authority to arrest, detain, or initiate removal proceedings against a person until it is determined that person IS an alien.

I also knew DHS had absolutely no evidence of whether I am an alien or was born in the US. In fact, at the time of my arrest and this hearing, DHS had absolutely no information on me at all, other than a one page booking report from the Maricopa County Sheriff's Office (MCSO).

So yes, my arrest, detention, and the commencement of these removal proceedings was all completely illegal right from the start.

I was expecting, at this hearing, that I would inform the Immigration Judge I was a US citizen, that DHS has no evidence to the contrary, and that the Judge would dismiss the case.

But believe it or not, all the corrupt fucker did was to adjourn the hearing for five weeks to "give me time to get my birth certificate" p11l8. Like it's a US citizen's burden to prove to ICE/DHS that they're a US citizen when ICE encounters them within the US! No!!! That is absolutely, fucking, wrong! The only time a US citizen must provide proof they are a US citizen is when they are at a port of entry, seeking admission to the US.

This is the hearing for which I was convicted of perjury and false claim of US citizenship.

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U.S. Department of Justice

Executive Office for Immigration Review

United States Immigration Court

Matter of

File A 088 664 582

RICHARD STEVEN RIESS

Respondent

In REMOVAL Proceedings

Transcript of Hearing

Before SEAN H. KEENAN, Immigration Judge

Date: October 31, 2007

Place: Eloy, Arizona

Transcribed by FREE STATE REPORTING, INC., at Annapolis, Maryland

Official Interpreter: Laticia Lopez

Language: Spanish

Appearances:

For the Department of
Homeland Security:

Jennifer M. Wiles

For the Respondent:

Pro se

Judge:

This is the Immigration Court at Eloy, Arizona. Immigration Judge Sean H. Keenan presiding in a group removal proceeding. All respondents are appearing pro se at this time detained by the Department of Homeland Security. The official court interpreter in the Spanish language is Ms. Laticia Lopez.

Good morning, gentlemen. This is the beginning of your removal proceeding. The Department of Homeland Security has started these removal proceedings against each of you by filing a Notice to Appear. You should have all received a copy of the Notice to Appear before today's hearing. You do not have to have your copy with you today, as I have a copy in each of your court file.

The Department of Homeland Security alleges certain facts and allegations against you in that document. The Government alleges that you are not a citizen or national of the United States, but that you are native and citizen of another country. The Government alleges you have violated the Immigration laws of the United States. Based on these facts and allegations and the alleged violations of the Immigration laws, the Government seeks to remove and deport you from the United States. The purpose of this hearing is for me as the Judge to determine whether those facts and allegations are true or not, to determine if you have violated the Immigration laws of the United States as charged.

You have certain rights in your removal proceeding. You have the right to be represented by an attorney, but the Government will not pay for that attorney. You should have all received a list of free legal services. You should have received this list before today's hearing. The attorneys on that list are in this area. The attorneys on that list could represent you for free. It is up to you to Contact the attorneys on that list. They may take your case or refuse to take your case. You are not limited to the attorneys on that list. You can try to get an attorney from somewhere else.

I'm going to do your cases one at a time. I'll ask each of you individually when I get to your case whether you want your case postponed to get an attorney. If you want your case postponed to get an attorney or for any other reason, please tell me that and your case will be postponed. If you are here for the first time, you have the right to have your case postponed for any reason, and all you have to do is ask me if your case can be postponed, and it will be. You also have the right to have your case heard and decided today, at which point you would go forward and represent yourself today, and for purposes of today's hearing you would be waiving your right to an attorney. It will be your decision whether to have your case heard and decided today or postponed for any reason. You have the right to deny the facts and allegations alleged against you in the charging document. You have the right to deny that you have violated the Immigration laws as charged in the charging document. You may present evidence on your behalf, such as papers or documents you want me to look at. You may speak or testify in your own behalf. You may present witnesses on your behalf, such as friends or family members you want to speak for you at your hearing.

The Government attorney seated at the table before you represents the Department of Homeland Security. The Government attorney has the same rights. You have the right to object to any evidence presented against you by the Government attorney. You have the right to question any witnesses presented against you by the Government attorney.

You will have the right to tell me the country you want to be ordered removed and deported to, if necessary.

At the end of your case, I'll make a decision, and if you disagree with that decision in any way, you will have the right to file an appeal to the Board of Immigration Appeals. To file an appeal is a legal term, and what it means is you would be asking the appellate court to review my decision to see if I applied the law correctly to the facts of your case. So at the end of your case, you'll have a decision to make. If you agree with my decision, if you believe it is correct, you could tell me that you want it to be a final order today, waiving your right to file an appeal. If you tell me that, you will not be able to change your mind at a later time and file an appeal. The decision would be final today. Also, if you are ordered removed and deported from the United States at your hearing today and you tell me you want the decision to be final, waiving your appellate rights, the Government will seek to remove and deport you from the United States today. Your other choice, if you disagree with the decision, if you believe it is wrong in any way, you can tell me you want to file an appeal. You'd have 30 days to file and mail the appeal. During that 30-day period, you will not be removed from the United States, and if you file and mail the appeal to the appellate court, the appellate court will issue a written decision on whether I was correct or incorrect on the decision I made in your case. You will not be removed from the United States while your appeal is pending in the appellate court.

At the end of your case, I'll ask each of you individually whether you want to file an appeal or accept the decision today as final, waiving appeal. If you are not eligible to remain in the United States, you may be eligible for the relief of voluntary departure. That means you would leave the United States voluntarily as opposed to being removed and deported.

The benefits of being granted voluntary departure are that you can return to the United States legally in the future without certain time restrictions. If you are ordered removed and deported from the United States, you can be barred for a minimum of 10 years from returning legally. If you are eligible for voluntary departure, I will ask you if you have the amount of money to pay your own way back to your home country. It is alleged the majority are natives and citizens of Mexico. The cost to Mexico from this location by bus, as I have been told by Government attorneys on past occasions, is $7.00. I will ask each of you if you have that amount of money. If you do, I will ask the Government attorney their position. If the Government attorney is not opposed to voluntary departure being granted, I will grant it today and you can return to Mexico today. Since you are detained by the Government, you would not be released; the Government will escort you and assist you to the border of Mexico, but you would still be granted voluntary departure on your record.

If the Government attorney tells me that he or she is opposed to voluntary departure being granted, after reviewing their file, and the reason he could be opposed or that she could be opposed could be based on negative information in their file, such as police arrests, criminal convictions, illegal drug use, numerous illegal entries into the United States, other violations of the Immigration laws, prior voluntary returns by the Government or prior voluntary departure grants by a previous Immigration Judge or any other reason the Government attorney believes they should oppose. If the Government is opposed, then it will be your decision whether you want your case postponed for a voluntary departure hearing. I cannot do the hearing today, but I'll do it as soon as possible, which could be one or two weeks in the future, and that would give you time to gather or assemble positive information, documentation or evidence such as family ties, citizen children perhaps, supporting your family, paying taxes, filing tax returns or any other positive information you want to present. At your postpone hearing, I would look at all the positive information you present and weigh it against the negative information the Government presents. Then I would make a decision on whether you should be granted voluntary departure or not.

Also, if you apply for voluntary departure, you would be waiving all of your appellate rights, and if voluntary departure is denied, you would have no right to file an appeal. Also, you could not apply for any other relief but voluntary departure.

Gentlemen, those are your legal rights in your removal proceeding. I'll ask each of you individually when I get to your case whether you understood the legal rights I explained to you.

(OFF THE RECORD)

(ON THE RECORD)

Judge:

We're back on the record. That was a prerecorded presentation of the legal rights, nature and purpose of the proceedings presented to the group of respondents on today's date of October 31, 2007. Nine individuals in the group proceeding. The Government is represented on today's date by Assistant Chief Counsel, Ms. Jennifer Wiles, and the official court interpreter continuing in Spanish interpretation, Ms. Laticia Lopez.

Ms. Lopez, at this time, could you please read the respondent's name and file number into the record.

Lopez:

Yes, Your Honor. Sandra Wiles Valdez Rojelio (phonetic sp.), 95 120 097; Lopez Paz Lorenzo -- Lorenzo-Leonardo (phonetic sp.), 88 363 157; Celina Velasquez Benito, 99 829 470; Castro-Acosta Gustav Roberto (phonetic sp.), 99 829 72; Riess, Richard Steven, 088 664 582, Ochoa Myo (phonetic sp.), 466 215 88; Moreno, Domingues Margarita (phonetic sp.), 90 833 742; (Indiscernible) Gonzales Jesus Enrique, 88 360 945; (Indiscernible), Juan Manuel, 96 210 959.

Judge:

Thank you, Ms. Lopez.

Lopez:

You're welcome.

Judge:

Good morning, gentlemen.

Respondents:

Good morning.

Judge:

I show you the list of free legal services. Please raise your hand if you did not receive that list.

Let the record reflect no one raised their hand.

I also show you the form explaining your appellate rights in detail. Please raise your hand if you did not receive that form.

Let the record reflect no one raised their hand to either question. Everyone has acknowledged receipt of those documents.

I'm going to ask you a number of questions regarding your case. If you do not understand any question, please ask me to repeat it, and I'll try go explain it better. At this time, gentlemen, everyone please stand, raise your right hand, please. Swear any testimony you give today will be the entire truth so help you God?

Respondents:

Yes.

Judge:

Thank you, gentlemen. Be seated. Let the record reflect everyone said yes. Let the record further reflect the lead file gentleman is 97 120 097. The tape of the group proceeding will be contained in that gentleman's ROP. Each gentleman will receive their own individual hearing and they're on an individual tape. Any case that is adjourned and reserves appeal, a copy of the lead file tape will be placed in that gentleman's ROP. Ms. Lopez, the Spanish interpreter, will be simultaneously translating fully complete. Both parties will have headsets on and, repeat, 95 120 097 is the lead file tape. And Ms. Lopez will be simultaneously translating fully complete. Both parties will have headsets on. I will now go to the next tape for the first individual proceeding.

(Tape 2)

Judge:

Do you want your case conducted in English?

Riess:

Yes, please.

Judge:

Good morning, sir. What is your name?

Riess:

Richard Steven Riess.

Judge:

Did you receive a copy of the Notice to Appear?

Riess:

Yes.

Judge:

That's Exhibit 1. Did you understand the legal rights I explained to you this morning?

Riess:

Yes.

Judge:

And do you want your case postponed to get an attorney?

Riess:

No.

Judge:

Do you want your case started today?

Riess:

Yes.

Judge:

Do you waive and give up your right to an attorney for today's hearing?

Riess:

Yes.

Judge:

Are you a citizen of the United States?

Riess:

Yes.

Judge:

And is your mother and father a citizen?

Riess:

Yes.

Judge:

Were they born in the United States?

Riess:

My mother was. I'm not sure if my father was.

Judge:

Where was she born?

Riess:

Massachusetts.

Judge:

Where was your father born?

Riess:

I don't know. He wasn't listed on the birth certificate.

Judge:

So did you ever know your father?

Riess:

No.

Judge:

All right. Where were you born?

Riess:

Ontario, California.

And here now, you might be thinking: "Aha! THAT is definitely perjury!"

Nah, you'd be wrong again! Because, again, it must be a material fact. Where within the US I was born makes no difference. All that matters is that I was born within the US.

And some of you might be thinking: "But if you were born in Florida then why tell DHS and the immigration court you were born in California?" Well, let's see: DHS was accusing me of being a person from a place called Sudbury, Ontario, Canada. But they had absolutely no evidence to support that. They had been detaining me illegally, for over a month, based on an allegation with absolutely no evidence. They put me on a prisoner bus, in the middle of the night, and locked me up in a detention facility, literally, in the middle of nowhere (Eloy, AZ), then told me if I want to get out I have to prove I'm a US citizen. No! Fuck them! That's not how the law works and I'm not going bend over for such corruption and tyranny.

So, as a way of saying "Fuck you" to ICE and DHS, I said my mother was from Sudbury, Massachusetts and I was from Ontario, California. Get it? Sudbury, Ontario? Anyway, like I pointed out, which city and state I was born in are irrelevant as long as they were within the US.

Judge:

California?

Riess:

Yes.

Judge:

Do you have your birth certificate?

Riess:

I sent for it. I sent for it actually before I came to this detention facility --

Judge:

Yes.

Riess:

--but then I was released from the custody in the county --

Judge:

Yes.

Riess:

-- and it got sent back, and so then I had to send for it again here.

Wiles:

My deportation officer has been looking into this and attempting to get a copy of his birth certificate either from Ontario, California, or Ontario, Canada. The respondent has not really helped the deportation officer out at all in this case, has been very obstinate in that.

No fucking duh, you miserable pig! Like I'm going to do anything to assist the people who have been detaining me illegally?

Not to mention, DHS's requirement is to prove I am an alien, prior to detaining me and initiating removal proceedings; neither me, nor they, nor anyone else was required to prove I am not an alien in order to be released from such illegal detention.

This is reminiscent of needing to have your "papers" on you at all times, in case you came across the Gestapo on the sidewalk.

And don't be fooled for one second. A Deportation Officer has one objective: To do everything he can to effect the person's removal from the US. They are not your friend; they are not there to help you. They will try to get as much information from you as possible, to use against you in the removal proceedings. They will lie, cheat, and ignore information in your favor. ICE Deportation Officers are NOT good people!

The officer has asked several times for him to provide the certificate or information for my officer to obtain that, and the respondent has not done so.

Judge:

All right.

And I'll postpone your case for you to get the birth certificate for the Government to get information, and then, of course, if you were born in the United States, this case will be terminated as I would have no jurisdiction. How much time do you want to assemble your documents?

Riess:

The Department of Vital Statistics in San Bernardino County indicates it will take three to five weeks to get the birth certificate, so that's probably another two to three weeks.

Judge:

All right.

Riess:

I mean that's assuming also that there's no further complications with it.

Judge:

Yes. Well, do you want four weeks then?

Riess:

Sure. Yes.

Judge:

How about December 6th?

Riess:

Okay.

Judge:

Now if you get the birth certificate before then, forward a copy to the Government, ask to make an appointment with the deportation officer and this case could be terminated prior to your hearing. So if you get the birth certificate in three weeks, coordinate with the Government, and then the Government I'm sure will do a motion to terminate if they agree that everything is correct, and then you don't have to wait here till December 6th.

Riess:

Can, can I ask, sir --

Judge:

Certainly.

Riess:

-- Is it possible to just do a decision today? I mean if the Government wants to remove me or deport me, then --

Judge:

Well, I can't remove you if you're a citizen of the United States, so you would not be an alien, you would not be a native and citizen of Canada. So try to cooperate with them and try to get the birth certificate, and then if both parties write to the Court expressing that the case should be terminated, I'd certainly do that if both parties agree. Any other questions?

Riess:

May I also say --

Judge:

Yes.

Riess:

-- for the record, I do want to say that I have been cooperative with the deportation officer.

Judge:

Good.

Riess:

I'm not sure why he would say that I haven't been, but --

Judge:

Right. All right, very good, sir. Case adjourned.

HEARING CONTINUED