Seattle judge won’t immediately release ‘Dreamer’ from detention center

By [Kike] Nina Shapiro, The Seattle Times [incredibly, NOT owned by Kikes!], February 17, 2017

Lawyers for detained “Dreamer” Daniel Ramirez Medina went to court Friday seeking his immediate release and calling his arrest in a Des Moines apartment unconstitutional. A federal magistrate ruled he wasn’t empowered to free Ramirez before an immigration judge gets a chance to weigh in. But in a case that he said had far-reaching implications about federal policy regarding Dreamers, and which has drawn the concern of the Mexican government and immigration activists nationwide, Chief Magistrate Judge James Donohue took the unusual step of requiring that a bond hearing in immigration court be held within a week. U.S. District Court does not usually exercise authority over the immigration-court system.

Lawyers and supporters of Ramirez said they were disappointed that the 23-year-old, accused of gang association, would not be freed. But they took heart in the call for an expedited schedule. “The faster we can resolve this, the better for Daniel and his family and the 750,000 Dreamers living in limbo,” said Seattle Councilmember M. Lorena González, who was in the courtroom. Seattle’s Mexican Consul Roberto Dondisch [Kike Roberto Dondisch-Glowinski, Consulate of Mexico in Seattle, Consul-on-Wheels for Alaska, former Director General for Global Issues for Mexico’s Ministry of Foreign Affairs, and Mexico's former lead negotiator to the U.N. climate talks], who sent a letter to the judge citing “unnecessary alarm and concern among the Mexican community in the U.S.,” also was there.

If immigration court does not schedule a bond hearing in a week, Donohue said Ramirez’s attorneys could come back to his courtroom — an important safeguard, said one of the lawyers, [Kike] Mark Rosenbaum of Los Angeles.

The magistrate also set a briefing schedule to consider whether federal court has jurisdiction to consider the merits of the case. The government has argued that it doesn’t, and that Ramirez’s removal proceedings belong only in immigration court.

Ramirez’s attorneys talked to reporters. “Daniel is just like me,” said Luis Cortes Romero, an attorney who is himself a Dreamer.

Ramirez, the father of a 3-year-old son, was brought illegally to this country when he was about 7 and later given authorization to live and work here under President Barack Obama’s Deferred Action for Childhood Arrivals (DACA) program. ICE agents arrested him Feb. 10, accusing him of being a gang member, which they said voided his DACA status.

The ICE agents who arrested Ramirez were targeting his father, who has been deported eight times and convicted of narcotics trafficking. While there, agents found Ramirez sleeping on the living-room floor. Asked by an agent if he had ever been arrested, Ramirez said “yes”. At that point, agents arrested him.

Later, during an interview at an ICE holding facility, agents asked Ramirez if he had been involved in gang activity. “No, not no more,” said Ramirez, according to the brief. The agents pressed on, interested in what one called in his report a “gang tattoo.” At that point, the agent’s report said, Ramirez added that he “used to hang out with the Sureno’s in California,” fled that state to escape gangs, yet “still hangs out with the Paizas in Washington state.” The agent concluded that Ramirez associated with gangs and would no longer qualify for DACA. He was taken to the detention center in Tacoma.

A declaration by Ramirez, filed with his lawyers’ brief, differs from the government’s account. It said he was sleeping on a couch, not the floor in the apartment when agents found him, and he was handcuffed immediately after saying that he had been born in Mexico. The cuffs stayed on, Ramirez said, after he told them “I have a work permit. You cannot take me.” Then, they started asking him about gang affiliation. “It felt like forever,” he said in the declaration. “I felt an intense amount of pressure, like if I did not give them something, they would not stop. So, I told them that I did nothing more than hang out with a few people who may have been Sureños, but that since I became an adult I have not spoken with any of those people.”

Describing his background in the declaration, he said he picked oranges in California before moving to Washington about a month ago, looking for a better job to provide for his son. His mother and siblings also submitted declarations, describing Ramirez as a shy, chubby homebody who had been bullied as a child and dropped out of school to help support his family when his mom was having financial problems.

Even as [FakeNews] reports circulate about a draft memo in the Trump administration that proposed using the National Guard to round up unauthorized immigrants in certain states — though the White House strongly asserted there is no plan to do so — nobody knows whether the Ramirez case signifies anything about Trump’s plans for Dreamers.

Jorge Barón [Kike Jorge L. Baron, came to USA from Colombia at age 13. Former “law clerk for Judge Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit in Seattle. Jorge then served as an Arthur Liman Public Interest Fellow at New Haven Legal Assistance Association” Barón: “I was interested in business and film, the latter interest stemming from the fact that my father has a long career in the television industry in Colombia. After college, I spent five years in Los Angeles, working in the film industry. Yes, I was living the Hollywood dream, working in big film and television productions and driving around in a red convertible. So I decided to leave the Hollywood life behind and sold the convertible. I decided to go to law school with the idea that I would work on international human rights issues. … The point where my willingness to serve has met the world’s need is right here in Seattle at the Northwest Immigrant Rights Project.” ], executive director of the Northwest Immigrant Rights Project [“NWIRP's mission is to promote justice by defending and advancing the rights of immigrants through direct legal services, systemic advocacy, and community education” ], said, “I do think this kind of situation would not have happened under Obama.” He said he worried that an under-scrutinized executive order issued by Trump during his first week in office sent a signal to immigration officers to step up their enforcement efforts — and gave them broad discretion about whom to target. That order, which contained more-widely publicized provisions aimed at punishing “sanctuary cities” such as Seattle, outlined new priorities for immigration enforcement. They included deporting undocumented immigrants charged with any criminal offense, convicted or not. The order also licenses immigration officers to remove anyone who, in their judgment, poses a risk to public safety or national security. “That could be anything,” said Barón, saying broad leeway invites abuse.

NWIRP Jorge Baron

NWIRP Jorge Baron

The Department of Homeland Security has not linked Ramirez’s arrest to Trump’s order, however. In a statement, the agency pointed to longstanding DACA guidelines warning that participation can be terminated at any time, and can be denied to those involved in crime or gangs. Since 2012, the statement said, 1,500 Dreamers have had their permits revoked for such reasons.


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