Free Order - District Court of Arizona - Arizona

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1 MR. KOEHLER; He“s_still a ways off, Your Honor. U
{ 2 _ THE COURT: Well, it all depends on all of the
3 circumstances. `
4 But in any event, he has been in custody now i U {
_ .5 since_—— y isuzmi
6 MR. CORTEZ—RUBIO: Thirty months. l _
7 THE COURT: Thirty months.
8 MR. KOEHLER: That is correct. ip ~ _
9 MR. CORTEZ—RUBIO: Your Honor, may I file a - T
10 memorandum to answer his questions as to what relief would isnzms
llr have been available to me had I had been provided with a
12 a rescission hearing? .
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*MQ _..i 13 THE COURT: I think you must have done that a dozen
14 times already, Mr. Cortez. _
15 MR. CORTEZ—RUBIO: If-I may just file one more. y isuzns
16 THE COURT: No. You can file it with the Ninth
17 Circuit when the time comes, if it does.
18 i MR. CORTEZ-RUBIO: Thank you.
19 I did —— I did —— I had just discovered what you just
20 said. It was under habeas corpus that I was supposed to have isuzni
21 filed, so that the Ninth Circuit would have reviewed the INS C
22 procedures and legalization process. yl -
23 THE COURT: with respect also to the motion that you
\;¢L 24 filed, Mr. Cortez, concerning the misconduct of the n
25 U.S. Attorney, that motion is denied as legally frivolous. y isuzmz
Case 2:O3`Cr`OO131`E iT ·BCLsU1E*riss iscni coU T N in- · l 3

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“ 1 Anything else? ·
j 2 MR. CORTEZ—RUBIO: I still insist if I can file a
3 motion ——
4 THE COURT: Pardon? n _ I
5 MR. CORTEZ—RUBIO: You've answered that. Never mind. isnzma
6 THE COURT: All right. n
i 7 MR. KOEHLER: One procedural question. In my:
8 original response to the defendant's motion I pointed out that
9 the proper remedy for his motion would be suppression of his
10 order of removal —— or the removal itself in 2002. That is isnsdv
11 what I think is the appealable decision in this Court. And n
12 I —— that's what I will be asking for authority to appeal from
éiJE 13 my office.
i 14 THE COURT: Well, you submitted, and if Mr. Cortez
I 15 wants to file something with respect to that there are times iadans
16 to file things.
17 But_in any event, the best of all worlds, as far as
18 I'm concerned —— and I thought seriously, Mr. Koehler, is -
19 there some way that I could, in fact, remand the matter to the
20 Bureau of Immigration.. U isdaws
i 21 MR. KOEHLER: Unfortunately there's not, Your.Honor.
22 THE COURT: And that's what should happen, because
2 23 the problems, all of them, were generated there, by how they
iigg 24 did things and those circumstances, throughout the _ n
25 proceedings. ` I iedaui
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UNITED STATES DISTRICT COURT

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1 And so they've been fully briefed and raised, and I
5 2 have reached the conclusion that I did. So that concludes the
3 matter today.
4 You can submit a proposed form of order, and you can
5 also submit a proposed form of order, Mr. Cortez, based on my 16d4£8
6 rulings today, and then if necessary we can address those i
7 .matters. All right?
`
8 MR. KOEHLER: Very well.
9 MR. CORTEZ—RUBIO: Thank you, sir. I
y 10 i THE COURT: Thank you very much. l&1L42
i 11 MR. CORTEZ-RUBIO: Have a good day, sir.
12 Your Honor, may I have a transcript of this hearing?
i_li 13 THE COURT: Sure. It's ordered that a transcript of
14 the hearing be filed. I'l1 enter an order that it be filed
15 and prepared so that you'l1 have a copy of it. iaasas
16 MR. CORTEZ-RUBIO: Thank you, sir. i
17 (Proceedings concluded at 4:15 p.m.)
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UNITED STATES DISTRICT COURT

Case 2:03-cr-00131-EHC

Document 200-2

Filed 12/29/2005

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Case 2:03-cr-00131-EHC

Document 200-2

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Case 2:03-cr-00131-EHC

Document 200-2

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