Transcript of Removal Proceedings (2009-08-26)

On the record. Today is Wednesday, August 26th, 2009, Eloy Immigration Court, Immigration Judge Linda I. Spencer-Walters presiding. Continued removal proceedings in the case of Richard Steven Riess, A number 088 664 582. Respondent is present. Appearing on behalf of the Department of Homeland Security today is Mr. Alec Niziolek. These proceedings are being conducted in the English language.

Good after -- yes, good afternoon, sir. Please state your name.

Thank you. And you speak and understand English, correct, sir?

Thank you.

We are here today for the Court to render a decision as to the charge of inadmissibility brought against you, but I would like us to go through and update documents both sides, I'm assuming, had submitted to the Court subsequent to the last hearing. Let me see. I believe we had marked up to Exhibit 34 -- no, I'm sorry --

Thirty-five, yes. We had marked up to Exhibit No. 35 at the last hearing, which was a package of documents that Mr. Riess had submitted to the Court on July 22nd, 2009. Subsequent to that hearing I have received additional documentation which I have marked as follows: Exhibit 36 is the respondent's request for information. Exhibit 37 was another package of documents I received from Mr. Riess dated July 27th, 2009. One second. I'm sorry. Exhibit 37 was the notice of time to respond to the motion for change of venue and also the motion to terminate. Exhibit 38 was the package of documents I received from Mr. Riess dated July 27th, 2009. Thirty-nine are also documents I received from Mr. Riess dated August 4th, 2009. I think there was something else (indiscernible). Thirty-eight. Was that 39? This would be 40 is respondent's objection to extension of time to respond to the motions that the Court received on August 5th, 2009. Forty-one was the Department's opposition to termination. Forty-two was the Government's opposition to motion for change of venue. Forty-three were documents I received from Mr. Riess dated August 10, 2009. Forty-four were again documents I received from Mr. Riess dated August 9th, 2009. Forty-five were again documents I received from Mr. Riess dated August 10th -- I'm sorry -- dated August 11th, 2009. Forty-six, additional documents from Mr. Riess dated August 13th, 2009. Forty-six --

I'm sorry; that was 46. Forty-seven is the respondent's reply to the Department's opposition to terminate. That was 47. Forty-eight, documents I received from Mr. Riess on August 20th, 2009, and lastly, 49, Exhibit 49 are documents I received from Mr. Riess dated August 24th, 2009. Those are all the documents I have. Mr. Riess, do you have any additional documents there?

Any additional documents from the Government?

All right. Okay.

All right. Mr. Riess, I know I asked you a few questions the last time, but as I was going through, but as I was going through my notes, I realized that I hadn't asked you a very important question, and so if you don't mind, I'll ask you that question now. You're still under oath to tell the truth. If there's no way I can find that you can stay legally in this country, what country do you want to go to? Well, you can, you can either designate or you can -- it's very simple.

-- lawful status or way to go into Mexico legally.

Okay. Well, I don't have that, and I don't know who you talked to in the Mexican side that assured you that you can do that, but without any legal documentation to show me that you have a legal right to enter Mexico, I can't send you to Mexico. You understand?

All right. So what other country would you suggest or you can decline; --

-- it doesn't matter.

Okay. Do you have any fear of harm or persecution in Canada?

Do you have any fear that anyone would seek to torture you in Canada?

Okay.

Anything else from the Government?

Let's talk about you trying to designate Mexico. Do you have -- I know I asked you about Canada, but you talked about Mexico first, so let's go there a little bit. Do you have any fear that anyone would seek to harm or persecute you in Mexico?

And do you have any fear that anyone would seek to torture you in Mexico?

Okay. All right.

The Court had dictated a decision as to removability that I will play now, but at this point I will incorporate the following statements into the decision as I had not done so -- as I had not included this in the decision in the form of -- as to the designation of country. Respondent has tried to designate Mexico first originally as the Country of removal should that become necessary, but without any indication or evidence of respondent having any legal status to enter Mexico, the Court cannot designate Mexico. In the alternative, the respondent has also designated Canada, indicating no fear of harm, persecution or torture cognizant under the Act or the Convention against Torture in either Mexico or Canada. Now if we can briefly go -- well, we're not going to go off the record -- well, we'll go off the record but just so I can play the tape and you can hear the decision --

-- as to the charge of removability.

All right, we're back on the regular record after the rendering of the oral decision.

Mr. Riess, you've heard my decision in its entirety, and the summary order will indicate a removal first to, as you originally designated, Mexico, and in the alternative, to Canada. Do you wish to reserve appeal, sir?

Okay, I'll reserve appeal for you. Hold on a second, please. Let me make sure I go forward with this so I don't forget.

I'll reserve appeal for you. Appeal date is September 25th, 2009. Do you have any -- okay, the officer is going to give you an appeal package --

-- at, at this time in addition to the summary order, which I will hand you shortly once I receive it. As I said, you have till September 25th, 2009, to perfect the appeal. That's the appeal package in front of you with the address for the Board of Immigration Appeals on the first page on the right-hand side highlighted in yellow. Do you see that address, sir?

Thank you. You have until September 25th, 2009, for the Board of Immigration Appeals to actually receive your appeal. I would suggest you mail it well ahead of that date to allow the mail system to go through for them to receive it. If you don't send it and they do not receive it no later than September 25th, 2009, the decision you heard me dictate will become final. You understand, sir?

Yes or no, sir?

Thank you. If you send it and they receive it no later than September 25th, during the pendency of your appeal the Government will be prohibited from removing you from this country. Is that clear, sir?

Thank you. Finally, there's a fee. For the appeal, it is $110. If you have the money, you pay the fee. If not -- the very last page of that appeal package, sir, please turn to it and make sure that it's attached to your packet --

-- it's a fee waiver request form -- you're holding it, correct, sir?

That's the form you fill out asking the Board of Immigration Appeals to accept your appeal for free. Anything else from you? You had a statement to make?

Not at this point --

-- because I've already issued my decision --

-- and it's based upon what you've told me. So that's pretty much it as to my decision for now.

Okay? Anything else from you at this time?

I think you do have one scheduled. One second. Yes, you do.

Let's not mix apples and oranges here, just so the record is clear, but I'll tell you off the record, once we go off, what your date is, but you do have one scheduled. Anything else as to these removal proceedings?

Mr. Niziolek, as to the decision, Government?

Okay. All right.

Then we're off the record. Follow the officer's instructions, sir.