This was my second appearance in my removal proceedings.
The judge asks me if I've obtained documents establishing my US citizenship yet (i.e. my birth certificate), and I tell him I have not. He asks if I want more time to establish that, and I respond, "No" p14l24-p15l7. The judge then repeatedly tries to get me to agree to an adjournment p15l23-24; p16l8; ; p17l12-16. He tells me, based on the evidence available to him he may not be able to conclude I am a US citizen p16l10-15. But I say I want to proceed immediately, regardless p16l20.
The judge asks me if I still believe I'm a US citizen and I say yes. He then asks DHS if they have any evidence or information about that and they admit they do not p15l8-16; p16l25-p17l3.
The judge then tells me the hearing has to be postponed so the government can "introduce" documents to support it's allegations. He asks if that's okay with me. I tell him I would prefer to just do it now and get it over with. The judge refused, saying because I'm claiming to be a US citizen and DHS is unprepared, the case must be adjourned p17l12-24.
A few days after his hearing, ICE released me from custody and filed a motion to close the proceedings. But it doesn't end here. I was transferred back to the Maricopa County Jail based on a warrant issued for failing to appear (due to being in ICE custody). The Maricopa judge ordered my immediate release, but the MCSO held me for another two days then transferred me back to ICE again. Then ICE sent me right back to the Eloy Detention Center again.
Transcribed by FREE STATE REPORTING, INC., at Annapolis, Maryland
Official Interpreter:
Language:
Appearances:
For the Department of
Homeland Security:
Jennifer I. Gaz
For the Respondent:
Pro se
Judge:
This is the Immigration Court at Eloy, Arizona, December 6th, 2007. Immigration Judge Sean H. Keenan presiding in a continued removal proceeding.
Judge:
Good morning, sir. What is your name?
Riess:
Good morning. Richard Riess.
Judge:
Thank you.
A 88 664 582. The respondent is present in court detained by the Department of Homeland Security, appearing pro se. The Government is represented by Assistant Chief Counsel Jennifer Gaz.
Judge:
Do you have an attorney, sir?
Riess:
No, I don't, sir.
Judge:
Do you want more time to get an attorney or do you want your case started today?
Riess:
I'll start today, thank you.
Judge:
Do you waive and give up your right to an attorney for today's hearing?
Riess:
Yes.
Judge:
Do you have further documents on your United States citizenship claim, sir?
Riess:
No, sir.
Judge:
Well, you said that your mother was born in the United States and you were born in California, correct?
Riess:
Yes.
Judge:
All right. And do you want more time to try to establish that?
Riess:
No, sir.
Judge:
Do you still believe you were born in the United States?
Riess:
Yes.
Judge:
Does the Government have any further documents or information on that?
Gaz:
Your Honor, we've attempted to obtain his birth certificate. However, we have been unable to.
There is some indication by the respondent to his officer that we were looking under the wrong name, that he changed his name at some point, so we're still investigating further.
Judge:
The Government is still investigating trying to assist you,
trying to get with the town you say you were born in to try to get your birth certificate, and I'll postpone your case for that effort to continue. Do you want that?
Gaz:
Your Honor, just, just for the record --
Judge:
Yes.
Gaz:
-- too, respondent has been uncooperative in assisting the Government in obtaining his birth certificate.
Judge:
All right, sir, do you want your case postponed?
Riess:
What would be the alternative?
Judge:
The alternative would be to go forward today, and based on the testimony or the evidence I have before me, I would not be able to find that you're a United States citizen. I would not be able to find that you have submitted substantial credible evidence, and so I would have to find perhaps you're a native and citizen of Canada.
Riess:
Okay.
Judge:
Well, do you want your case postponed to continue to pursue your United States citizenship claim or do you want your case started today?
Riess:
I'll start the case today.
Judge:
All right. Is it true you're a native and citizen of Canada?
Riess:
No.
Judge:
Does the Government have documents, the I-213 or anything else?
Gaz:
Your Honor, I apologize: I don't have copies of it.
Judge:
Is it true you were admitted to the United States at Blaine, Washington, January 1st, 1997, as a nonimmigrant visitor authorized to remain until July 1st, 1997?
Riess:
No.
Judge:
All right, you deny you remained beyond the authorized time, correct?
Riess:
Yes.
Judge:
All right, your case has to be postponed for the Government to introduce documents as to the allegations,
and also perhaps they can continue to assist you. You understand?
Riess:
Yes.
Judge:
All right. Is that all right with you?
Riess:
Well, I would prefer to just address it today and get it over with.
Judge:
Well, you denied everything, so I can't order you removed and deported. You're claiming you're a citizen. You've denied all the allegations. The Government is not prepared. They don't have documents. So I have nothing before me except denials. So your case has to be postponed for, I believe, the Government to submit their documents.
Any questions on that?
Riess:
Is it possible to get a bond or --
Judge:
We'll schedule you for a bond, and that will be within three days. That will be Monday. Fill out the bond worksheet, please. That will assist you and the Court. Try to get any documents you want --
Riess:
Sure.
Judge:
-- and your bond will be Monday, ten o'clock, December 10th, and we'll talk about the bond, and this case will be February 6th, '08, 2:00 to 4:30, for the contested issues of removability and United States citizenship, individual hearing. Any questions, sir?
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