[U: A.F.P.P. Released; More Supremes, Manaña!] More Shameless Flores Shenanigans, By Sarah Fabian, For Trump…
July 6, 2020

UPDATED: young A.F.P.P. is free now, on Tuesday night: “. . .Defendants hereby notify the Court that U.S. Immigration and Customs Enforcement (“ICE”) has released A.F.P.P. from custody. . . .” In addition there will be more opinions from the Supremes, at 10 AM EDT tomorrow. End, updated portion.

The date upon which A.F.P.P., a young man, reaches majority — and thus ages out of juvenile detention by ICE, is a calendar event.

A.F.P.P.’s 18th birthday is tomorrow. Now, only just this afternoonSarah Fabian (the Trumpian lawyer who argued soap, toothbrushes, beds, and blankets — for kids are. . . optional — i.e., not needed for safe, sanitary conditions, while in ICE custody) claims an emergency motion is needed since she and ICE apparently cannot operate their calendaring software.

A.F.P.P. should simply be released by the able USDC Judge Dolly Gee tomorrow. And it will be on Sarah Fabian. No saving emergency — that young man/refugee should be set free into the US interior. That’s the price of her incompetence, regardless of whether A.F.P.P. is a dangerous person or not. Laws are laden with consequences. Sarah Fabian should get no more “do overs“. Here is her latest self important, deflecting, shuffling idiocy — as a court filing in Los Angeles this afternoon:

. . . .Pursuant to Local Rule 7-19, Defendants hereby apply ex parte for an order from this Court lifting the restrictions in Paragraph 4.e of the Court’s June 26, 2020 order prohibiting the transfer of A.F.P.P. to an adult detention facility when he ages out of juvenile detention on July 7, 2020. Defendants request this amendment to the Court’s order for the reasons set forth in the accompanying memorandum of points and authorities and Declaration. Counsel for Defendants met and conferred with counsel for Plaintiffs by phone regarding the subject of this ex parte application. The parties were not able to reach any resolution regarding this issue, and counsel for Plaintiffs has stated that Plaintiffs oppose the relief requested in this Application.

URGENCY: This relief is sought by means of an ex parte application because A.F.P.P. will age out of juvenile detention on July 7, 2020, and if this relief is not granted on or before that date, Defendants will have no option to comply with this Court’s order except to release him from custody. Defendants therefore do not have enough time to notice and file a traditional motion to obtain the requested relief. . . .

These people are. . . insufferable. This is what they rely on, to justify indefinite detention of a child, now becoming an adult:

“. . .On September 21, 2019, A.F.P.P. was arrested by ERO at a home in Maryland. He was not the target of the ERO operation, but he was a minor present without a parent or legal guardian. He was living in a house with two other unrelated adult males. ERO officers observed he had what appeared to be a gang related tattoo on his neck. Ex. 2, page 4. When ERO officers accompanied him to get his identity documents, he attempted to grab a nine-inch knife from a closet. Officers were able to get him away from the knife before he grabbed it. . . .”

One moment — one false move — by a frightened kid, stuck between armed, imposing ICE agents. Lock him up forever, without a trial — argues Bill Barr (and Sarah Fabian).

The able Judge has said she will rule Tuesday by late afternoon, on the West Coast. I’d bet A.F.P.P. will be set free.

Onward, on to an as yet un-dawned (but coming) bright and sunny Tuesday — putting my eldest back on a plane, headed out. . . West.

नमस्ते

Instead of Two Years, Trump Has… Six Months: Up To 47,000 Children To Be FOUND — Per The Able USDC Judge Sabraw
April 26, 2019

The able Judge Dana Sabraw held a status conference late yesterday in San Diego. [Jut one of my prior backgrounders is here; re-running the original victory graphics.]

When the dust settled — and it all was over — he entered an order agreeing that two years is entirely too long to wait, to reunify the remaining perhaps 47,000 children. Now we will know, by October 25, 2019 — just exactly how many there are, still being held against their will (under applicable federal immigration law, these minor children are presumed not to have consented to being taken from their parents/guardians).

So, here is the plaintiffs’ request, and the Judge’s order (in full, in green):

. . . .[The plaintiffs requested:]

. . .In the interest of compromise, however, Plaintiffs propose that Defendants substantially complete the identification process within three to six months. Commander White stated at Monday’s meeting that he hoped the task could be completed in far less than 12-24 months and closer to the 3-6 month time-frame proposed by Plaintiffs. Defendants have nonetheless stated that they do not agree to a fixed deadline and want to maintain the 12-24 month time-frame.

Plaintiffs believe that the firm 14 and 30-day deadlines set by the Court during the initial post-June 26 reunification process was critical to the completion of that task, and that had Defendants instead been able to propose their own time frame, the task would have taken considerably longer. Indeed, there can be little doubt that Defendants would not have placed themselves under those 14 and 30-day deadlines. Accordingly, Plaintiffs respectfully request that the Court set a firm deadline of 6 months, but also urge Commander White to finish the task well before 6 months. . . .

Judge Sabraw just ordered:

. . . .As indicated during the conference, the Court orders that the Plan be completed in six months, or by October 25, 2019. A further status conference shall be held on May 17, 2019, at 1:00 p.m., with a Joint Status Report to be filed on or before 3:00 p.m. on May 16, 2019. Signed by Judge Dana M. Sabraw on 4/25/2019. . . .

Now you know. Onward, smiling — with adult kids in town, to enjoy my weekend.

नमस्ते