From today's Sacramento Bee:
For a year and a half, Jose Garcia-Alcazar has been sitting in jails in Richmond and Elk Grove while his lawyers fight the government’s efforts to deport him to his native Mexico. For more than six months now, Garcia-Alcazar, who has three children who are U.S. citizens, has not had a hearing to determine whether he is eligible for bail while the immigration courts figure out what to do with him.
Lawyers for the former car-wash employee in Rohnert Park call his extended stay in jail a case of indefinite detention. They also call it unconstitutional, and they say it stands in direct defiance of a 2011 appellate court ruling that guarantees incarcerated aliens a bail hearing – even if they have criminal records and made their way back to the United States after having already been deported. Garcia-Alcazar, 30, has drug convictions and once associated in Mexico with “coyotes” who smuggled people into the United States, one of his lawyers said.
Earlier this month, Garcia-Alcazar’s attorneys filed a lawsuit in federal court in Sacramento seeking class-action status to try to reinstate bail hearings for him and an untold number of other undocumented immigrants. In the lawsuit, the lawyers are challenging a memorandum issued by an immigration judge in San Francisco that says people like Garcia-Alcazar who return to the U.S. after being deported are not entitled to “redetermination” hearings that would give them a chance to make their case for bail.
While an immigration judge’s decisions are usually confined to his or her own courtroom, lawyers for Garcia-Alcazar say the one made by Anthony S. Murry on Dec. 12 has been reduced to an eight-page memo that is now being widely distributed. The plaintiff’s attorneys noted that the memo came out and that bail hearings began to be curtailed just a month after President Donald Trump was elected on a campaign that promised to build a wall across the southern border of the United States and cut off illegal immigration from Mexico.
“It is kind of weird that it started happening toward the end of the year,” said Joseph LaCome, the attorney who wrote the briefs in the case filed in Sacramento and who has filed similar lawsuits in Phoenix and San Francisco.
According to LaCome, it had been common practice in immigration courts before the election for judges to hold the bail hearings. He said such proceedings have since tailed off to “nothing.”
Plaintiff’s attorney LaCome, however, said he has been told by an attorney for the Office of the Chief Counsel – the arm of the Department of Homeland Security that prosecutes cases in immigration court – that Murry’s memorandum is now being distributed around the country, making the case to deny bail hearings to immigrants from coast to coast.
“The OCC attorney told me they took it and ran with it all over the 9th Circuit,” LaCome said. “The attorney told me it also was going all over the country.”
A spokesman for U.S. Immigration and Customs Enforcement, which oversees the government’s lawyers in immigration courts, declined to comment on any pending case.
LaCome maintains in the suit, filed Feb. 9, that the Murry memorandum violates the 2011 Diouf decision by the 9th U.S. Circuit Court of Appeals that entitles aliens to bail hearings every six months, even if they have been rearrested after deportation.
The Garcia-Alcazar petition seeks “an immediate custody hearing before a federal district judge or magistrate, or an IJ (immigration judge) other than IJ Murry,” to determine whether the memorandum is lawful. It also wants to stop the U.S. Department of Justice, the Department of Homeland Security, the Executive Office of Immigration Review and U.S. Immigration and Customs Enforcement “from continuing their policy of influencing Immigration judges within this Circuit to deny Diouf bond hearings.”