Author: mopress

  • Archive: Free the Hazahzas!

    The following items were previously posted in the announcements section of the Texas Civil Rights Review.

    Wednesday, March 28th, 5pm to 9pm: we will hold a sunset candlelight vigil at the JFK Museum located at Dealey Plaza, 411 Elm Street, Dallas.

    Thursday, March 29th, 9:00am to noon: we continue our vigil in solidarity with the Hazahza family and all the imprisoned victims of ICE, at the U.S. District Courthouse, 1100 Commerce Street, Dallas.

    Read Jay’s call to action

    Hazahza Family

    Mirvat, Ahmed, Muhammad, Juma, and Radi Hazahza
    Immigration and Customs Enforcement claims that Hutto was built to keep families together. The Hazahzas have been separated from each other since their pre-election abduction in early November, 2006. Muhammad and Juma were released from the T. Don Hutto prison camp in early February, two days before a press tour there. Hisham (who is not pictured above), Suzi, Mirvat, Ahmed, and Radi are still being held at the Rolling Plains prison camp at Haskell, Texas.

    Sample Letter to ICE

    Drafted by Joshua Bardavid, Esq.
    For three months in a row we have set records for our site traffic in 2007. While the overall totals are surely modest by today’s internet standards, we do want to thank you for showing that you care about the issues we’ve been covering this year. Free Suzi Hazahza and all mistreated immigrants!–gm

  • How We Treat Our Immigration Detainees

    By Nick Braune
    Mid-Valley Town Crier
    Posted with Permission

    Last weekend, March 24 and 25, I joined a pilgrimage led by Jay Johnson-Castro, who has been walking (walking) to various detention sites for immigrants. He and his friends are causing quite a stir around the state; I hooked up with him a bit on his route from an ugly Port Isabel detention center to an ugly one in Raymondville.

    My wife and I rode slowly in our car in a short caravan behind Jay and some other stalwart walkers — pilgrims to the Raymondville immigrant detention center. Jay, seeming to me to be in his mid-fifties and wearing a light straw hat to keep the sun off of him, was feeling upbeat, and he made a series of beautiful stump speeches for the press — I saw three news media interview him.

    Why should it be a crime, he asks the press, to be an economic or political refugee? Why do authorities lock people up as criminals for being oppressed and wanting to escape to America? Isn’t that (seeking refuge) what the poem engraved on the Statue of Liberty is about?
    Emma Lazarus’ stunning sonnet refers to America as the “Mother of Exiles” with mild eyes welcoming the tired, the poor and “huddled masses yearning to breathe free.” But these detention centers do not have mild eyes.

    The most emotional part of the pilgrimage for me was simply the sight of the Raymondville center. As we moved off of the highway to it, we saw the bleak prison and the barbed wire. There are regular buildings around, but the detainees are held in huge puffy tents. An article in Rolling Stone magazine last year said the center looked like it just landed from Mars.

    (The Raymondville area, the Rolling Stone article explained, was labeled the Valley of Tears in the late 1970s during an onion strike. After the strike, the growers got rid of most farm workers, and the Raymondville area tried textiles to survive. But NAFTA killed the textiles. Then the idea of making Raymondville “Prisonville” caught on. And now Raymondville with its windowless tents, is a Valley of Tears for yet another reason.)

    Hundreds and hundreds live inside the tents, twenty three hours a day inside. I asked Jodi Goodwin, a Harlingen lawyer who joined the walk with Jay, some questions about the detainees.

    Author: Do lawyers regularly help detainees learn their rights and do detainees know what to do to free themselves from the tents?

    Goodwin: There are no lawyers that regularly visit the detainees to give legal rights presentations. A group of about 6 lawyers volunteered from August through December to give such presentations to the detainees, but ICE [Immigration and Customs Enforcement] cut off our access to the detainees when they found out we were able to go inside the tents to give the presentations. As far as I know, no rights presentations have been given since the second week of December of 2006. I do not believe that ICE gives the detainees information about how to free themselves from the tents. That was part of the information we used to provide during our rights presentations.

    Author: I suspect there is a deliberate effort to make detainees feel like criminals, even though they have not been convicted of a crime. Do they have prison clothes, have to stand in line, get yelled at, etc.?

    Goodwin: Yes, they wear prison clothes; yes, they are kept in lines; yes, they are yelled at. Actually, they are treated worse than criminals. Criminals at least have a right to representation regardless of their financial ability. Immigration detainees have no right to counsel unless they can afford to pay a lawyer themselves.

    Author: I heard you say earlier that some are having trouble sleeping; any comments on how their basic needs (food, sleep, exercise, medical help) are being met?

    Goodwin: I believe that basic needs such as sleep, food, exercise, medical attention are in fact not being met. My clients report being incommunicado because the phones do not work, or because they have no money to buy an overpriced phone card. My clients report insufficient amounts of food. Stale or undercooked food. Rancid milk served past the expiration dates. Weeks of waiting to see someone from the medical staff. Lights being left on 24 hours a day. No toilet paper available for days on end. And there’s much more lacking in the way of basic needs.

    Author: Is there anything my readers can do to help?

    Goodwin: Call or email Senators and Representatives to encourage them to pass meaningful immigration reform and to demand ICE live up to its own detention standards by treating human beings with dignity.

    Part II, next week.

  • Archive: Motion to Stop the Federal Court from Freeing Suzi Hazahza

    Posted with Certificate of Service

    Copied and pasted from a pdf file, here is the claim made by the government of the USA that its own federal courts may not release wrongfully detained immigrants unless they have been wrongfully detained at least six months.

    Technically, the motion argues that Homeland Security enjoys the discretion to call immigrants “flight risks”; and so long as Homeland Security makes this claim, the court has no jurisdiction to intervene. The motion does not state a background assumption made by the Federal Magistrate and US Attorneys that the power to hold immigrant prisoners on such discretionay basis has been limited by previous court rulings to 180 days.
    -gm

    IN THE UNITED STATES DISTRICT COURT
    FOR THE NORTHERN DISTRICT OF TEXAS
    DALLAS DIVISION

    Radi Hazahza, et al.,
    Petitioners,

    v.

    Michael Chertoff, et al.,
    Respondents.

    No. 3:07-CV-0327-D (BF)
    ECF
    Referred to the U.S. Magistrate Judge

    FEDERAL RESPONDENTS’ POST-HEARING SUBMISSION

    In the March 29, 2007, hearing before the Court on Petitioner’s habeas corpus petition, the Federal Respondents argued that 8 U.S.C. § 1252(a)(2)(B)(ii) strips federal district courts of jurisdiction to review discretionary immigration decisions of the Attorney General where such discretion is specified in a statute, and thus the Court did not have jurisdiction to review the discretionary decision that Petitioners are a flight risk under 8 U.S.C. § 1231(a)(6). The Federal Respondents submit this post-hearing brief to
    provide the Court and opposing counsel with the case law cited by the Government on this issue at the hearing.

    * * *

    Section 1252(a)(2)(B)(ii) provides that no court shall have jurisdiction to review “any other decision or action of the Attorney General or the Secretary of Homeland Security the authority for which is specified under this subchapter to be in the discretion of the Attorney General or the Secretary of Homeland Security . . . .” 8 U.S.C. § 1252(a)(2)(B)(ii).1 The Fifth Circuit has held that § 1252(a)(2)(B)(ii) strips courts of
    jurisdiction to review discretionary authority specified in a statute. See Zhao v. Gonzales, 404 F.3d 295, 303 (5th Cir. 2005) (ruling that courts retain jurisdiction to review discretionary decisions where discretion derived from regulations promulgated by Attorney General).

    In this case, the Court does not have jurisdiction to review ICE’s discretionary determination that Petitioners were a flight risk under § 1231(a)(6), and thus could be detained beyond the 90-day removal period. Section 1231(a)(6) states that “[a]n alien
    ordered removed . . . who has been determined by the Attorney General to be . . . unlikely to comply with the order of removal” may be detained beyond the removal period. 8 U.S.C. § 1231(a)(6) (emphasis added). Because this statute clearly grants discretion to the Attorney General to determine whether individuals, such as Petitioners, are flight risks, § 1252(a)(2)(B)(ii) strips this Court of jurisdiction to review this discretionary decision. See, e.g., Ghanem v. Upchurch, 2007 WL 666091, at *2 (5th Cir. Mar. 7, 2007) (affirming Judge McBryde’s decision that because statute governing revocation of a visa
    grants discretion to Secretary of Homeland Security, § 1252(a)(2)(B)(ii) strips court of jurisdiction).[Note 2]

    ************

    [Note 1] The phrase “this subchapter” refers to subchapter II of Chapter 1 12 of Title 8 of the United States Code, which includes §§ 1151-1381. Guyadin v. Gonzales, 449 F.3d 465, 468 (2d Cir. 2006).

    [Note 2] The Federal Respondents also contend that Petitioners cannot challenge ICE’s §1231(a)(6) determination by way of a habeas corpus petition, as habeas jurisdiction does not extend to review of discretionary determinations made by agencies, only pure questions of law. See Bravo v. Ashcroft, 341 F.3d 590, 592-93 (5th Cir. 2003); Gallegos-Reyes

    Respectfully submitted,
    RICHARD B. ROPER
    United States Attorney
    ____/s/ Stephen P. Fahey_______
    STEPHEN P. FAHEY
    Assistant United States Attorney
    Illinois State Bar No. 6274893
    U.S. Federal Building & Courthouse
    1100 Commerce Street, Third Floor
    Dallas, Texas 75242-1699
    Telephone: 214.659.8600
    Facsimile: 214.767.2916
    Email: Steve.P.Fahey@usdoj.gov
    
    OF COUNSEL:
    
    JUDSON J. DAVIS
    U.S. Immigration and Customs Enforcement
    U.S. Department of Homeland Security
    8101 N. Stemmons Frwy.
    Dallas, Texas 75247
    Telephone: 214.905.5779
    Facsimile: 214.905.5593
    ATTORNEYS FOR FEDERAL RESPONDENTS
    

    ************

    CERTIFICATE OF SERVICE

    I hereby certify that on March 29, 2007, I electronically filed the foregoing document with the clerk of court for the United States District Court for the Northern District of Texas, using the electronic case filing system of the court. The electronic case
    filing system sent a “Notice of Electronic Filing” to the following attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means:

    Joshua E. Bardavid

    Theodore N. Cox

    [SIGNED BY]
    __/s/ Stephen P. Fahey______
    Assistant United States Attorney

  • Bardavid on Habeas Corpus

    If the US Federal Courts yield jurisdiction over Suzi Hazahza’s detention, it will mean that the right of habeas has been practically suspended. In other words there will be no place to demand that Homeland Security “produce the body” and show cause.

    For this reason attorney Joshua Bardavid has updated his website to include a discussion of habeas corpus: “Habeas Schmabeas.”

  • Johnson-Castro will Walk to Haskell Prison for Texas Indpendence Day Protest

    Habeas Writ Details Allegations of Sexual Harassment, Medical Neglect, Overcrowding, and Isolation Techniques at Haskell

    By Greg Moses

    IndyMedia Austin , Houston / CounterPunch / DissidentVoice

    There are different kinds of angry. Jay Johnson-Castro has tears in his eyes when he thinks about Suzi Hazahza at the immigration prison of Haskell, Texas.

    But he’s not going to cry without doing something, so next week, Johnson-Castro will walk sixty miles from Abilene to Haskell and hold a vigil for the release of Suzi Hazahza and “anyone else” being mistreated for their desire to be American.
    “I’m almost in tears trying to tell you how angry I feel,” says Johnson-Castro via cell phone as he drives home to Del Rio, Texas on Tuesday evening following three weeks of border protests.

    He’s talking now about 20-year-old Suzi Hazahza and how she was subjected to body searches so humiliating that she has refused all visitors since early December. In a federal habeas corpus brief that will be filed Wednesday in Dallas, lawyers allege that both Suzi and her 23-year-old sister Mirvat have been subjected to repeated humiliations at the hands of prison guards. And according to Suzi’s fiance, the searches got even worse after his fifth visit when Suzi called begging not to be visited again.

    “I can”t believe a fellow American would do that to anybody,” says Johnson-Castro. “But I’m afraid that’s the policy not the exception.”

    Dallas real-estate developer Ralph Isenberg has seen the pattern before. It happened to his wife in Haskell under similar circumstances. She was imprisoned for immigration violations stemming from “bad lawyering” and once Isenberg started making noise about things he didn’t like at Haskell, his wife, too, was subjected to a full body-cavity search. To this day, he recalls the sound of the scream that the search provoked.

    In protest of Suzi Hazahza’s treatment and confinement, Johnson-Castro will begin his freedom walk in Abilene on Wednesday, Feb. 28, arriving at the Rolling Plains prison in Haskell for a vigil on Texas Independence Day, March 3.

    Ralph Isenberg says he’ll host Johnson-Castro in Dallas prior to the walk and introduce him to some people he has helped to free. During the walk, Isenberg pledges to join Johnson-Castro for a time, and if he can get enough people together, Isenberg plans to meet Johnson-Castro at the Haskell prison on Texas Independence Day with a bus full of people from Dallas.

    “The good people of Haskell have no cognizance of what’s happening to sweet innocents such as Suzi Hazahza,” says Johnson-Castro. “And when they find out, they will rise up like the people of Williamson County did against the Hutto jail.”

    Outrage at the jailing of children at the T. Don Hutto immigration jail keeps growing, joined this week by Dallas Congresswoman Eddie Bernice Johnson and the chair of the House subcommittee on immigration Zoe Lofgren (D-CA). Both of them told WFAA reporter Brett Shipp that child imprisonment is flat wrong, period.

    And grassroots distaste for immigrant jailings sparked a new protest Tuesday from honor students of Fort Worth’s Tarrant County Community College who are angry that a wonderful fellow student has also been tossed into Haskell jail for “bad lawyering.”

    The Fort Worth protest for 19-year-old immigration prisoner Samantha Windschitt was covered by two Metroplex television networks, which is a story in itself.

    “The good news is that all the insane things that have been happening in a disconnected way are finally being connected,” says long-time immigration activist Isenberg, reflecting on the protest and news coverage.

    “I honest to gosh believe that everything we have done up to now is adding up to something bigger,” says Johnson-Castro, who helped ignite protest in mid-December with a walk from Austin to the Hutto prison. In Haskell, he plans to make the most of the date and place.

    “It’s Texas Independence Day and it’s the Governor’s home town,” he says. “We’re going to be looking for freedom for people who are trying to be Americans. And we are going to Gov. Rick Perry’s hometown and free the people that need to be freed, and not incarcerate them so that someone can make a profit.”

    The Rolling Plains immigration jail in Haskell is managed by the Emerald Companies of Louisiana (see: emeraldcompanies.com).

    Meanwhile, New York attorneys Joshua Bardavid and Ted Cox are scheduled to arrive in Dallas Wednesday morning to file federal habeas corpus motions in behalf of Suzi, Mirvat, their father, and two brothers, who have all been held at Haskell since “armed and armored officials from Immigration and Customs Enforcement conducted a middle of the night ‘raid’ ” of their home on November 2.

    According to the habeas writ that will be filed Wednesday, the Hazazha family arrived in the USA with temporary visas from Jordan during the summer of 2001, and they applied for political asylum. Once the appeals for asylum had been exhausted, the family was placed under a warrant of deportation in the summer of 2005, but the family was not notified about the warrant until they were abducted during pre-election immigration raids known as “Operation Return to Sender.”

    Suzi’s mother Juma and youngest brother Mohammad were released Feb. 6 from the Hutto jail only days before a media tour of that facility. But on Feb. 12 ICE filed notice that it intended to keep the rest of the family imprisoned at Haskell as “flight risks.” Where they would flee to is a good question since Jordan refuses to take the family back, while Palestine and Israel have declined to reply to requests for deportation there.

    At Haskell prison, lawyers say housing units meant to house eight prisoners are frequently supplemented with sleeping bags or “boats” that allow for ten to fourteen prisoners to spend the night. When inspectors arrive, the “boats” are hidden from view.

    When it comes to culturally appropriate food for Muslims, the prison serves eggs for breakfast, lunch, and supper. At prayer, the Hazahzas report they have been mocked by guards and threatened with suspension of prayer privileges.

    Lawyers are only allowed to visit with prisoners for thirty minutes at a time, and only “within regular hearing distance of a stationed guard.” The three Hazahza men have never been allowed to live together “despite written requests to be united in the same, or adjacent, pods.”

    17-year-old Ahmad Hazahza was placed in solitary confinement for three months because he was a minor at Haskell’s adults-only facility. When Ahmad began urinating blood shortly after his arrival, guards mocked his medical condition and “told him that he was ‘probably dying’ of a disease and that there was nothing that could be done to save him.” For ten days, his requests to see a doctor were denied.

    Suzi and Mirvat spent the first 48 hours at Haskell sleeping on the concrete floor of a drunk tank, because no beds were available. They both ran high fevers for two weeks after that, and were also denied requests to see a doctor.

    The sisters were “strip searched” each time they met with an outside visitor, including humiliating inspections that took place in full view of male guards “on multiple occasions.” When taken to the recreation area, they were made to “walk the gauntlet” in front of male prisoners who sexually harassed them with techniques that included exhibition and public masturbation–while guards laughed.

    The prison population at Haskell is a mix of immig

    rant detainees from Texas and felony convicts imported from Wyoming.

    As with the attorneys’ previous habeas corpus motion filed in behalf of the Ibrahim family, Bardavid and Cox argue that ICE has had no legal authority to arrest or detain the family; therefore, the five Hazahzas should be immediately released.

    Another family released from both Hutto and Haskell following the last Texas visit by Bardavid and Cox have been spending time on Isenberg’s schedule these days. Isenberg says he’s helping the Ibrahim family put together their immigration petitions so that they can stay and work. He says working with the family took several hours Tuesday. It’s not the first time he’s said that. And the way things look, it won’t be the last time–not for weeks to come.