Free Return to Petition - District Court of California - California

Case 3:08-cv-00018-H-NLS

Document 7-2

Filed 03/14/2008

Page 1 of 8

1 KAREN P. HEWITT United States Attorney 2 SAMUEL W. BETTWY Assistant U.S. Attorney 3 California State Bar No. 94918 U.S. Attorney's Office 4 880 Front Street, Room 6293 San Diego, California 92101-8893 5 Telephone: (619) 557-7119 Facsimile: (619) 557-5004 6 Attorneys for Respondent 7 Secretary of Homeland Security 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. MICHAEL CHERTOFF, Secretary of Homeland Security, Real Party In Interest. ANTONIO F. SILVEYRA, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv0018 H (NLS) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

EXHIBITS

4/18/07 Form I-213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4/20/07 Notice of Appear and accompanying documents. . . . . . . . . . . . . . . . . . . . . 2-6 1/9/08 IJ Order.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

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Case 3:08-cv-00018-H-NLS
Glven Name

Document 7-2

US DHS DEPORTATION DEPT

.Filed 03/14/2008
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Page 2 of 8
Hair BLK Welgnl Eyes BRO

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RECORDOFDEPORTAE :ALIEN
Family Noma

[SeeAM.-~80.31-34lorliptrudion. Middle Name

SILVEY RA-Garcia, Antonio Fabian
COunly d Clli7enshlp

Case#ECC0704000163
File Number

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complexion

Male
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Med

Pa~~porl Number and counlry of lssusncc

Occupslion

Argentina
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NIA
(Rwidcncc) (Number) (Slrect) (ciiv)

A-1 8 499 789
(SW0)

6'0

210

LABORER

U. S. Address

1219 Evelyn Ave. 8/31/1968

Berkley

CA lNlM

94706
Pssrenger Boardad At

Scara or Maa9 Sur: Abovo LA. Foreheea
F. 0. I. No.
1

Dale, PI3ca. Timc. Manner, of Csat Enlry

Manlel 81atu6

0Wiaower(er)
DMarriod ODiverced

Los Angeles, California

N/A
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Number. Streel. Clly. ProviKc, (Statc) and Country of Permanent Reridcnce

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USepareled OSinglc Mebod of Lamlion I Aoorchcnsian

802422x1

Buenos Aires, Argentina
QiAh dale Dale orAclim Lastion Codc

w o a

411911964
City. Pmvincc, (State) wd Counly or Bltlll

411812007
AR

CLP

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Farm (Type & No.)

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Buenos Aires, Argentina
Vim Insued At NIV No.

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Social Sewlily A C U L Name COn Sacisl Security No. Scnd C. 0. Rcc. Chcck
TO:

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BY

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J.J. Ramirez DO
Sfatur 8 cntry Slallw When Found

Date V i s lsswd

b d r

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Length ofTim8 Illsgslly In U. S.

571-1 1-1629
Imrnlgratlon Reeard Name, Addrcrs xnd Nnionelity of Spouse (Melden Name. If epproprlale)

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m Crlmlnal Record

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See Conviction - :urnents and Cll: CA07231668 Single
Fslhd?.Namc, and N a l m l l t y ena Aa6eee. If Known

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Malher'r Prcscnl and Maidan N mcs. Natbnalily, and Address, if Known I

Number and Nsllon~I~Iy mlnor Children of

Antonio Silveyra, Argentina. Unknown
Manics Duc 1 Propclty In U S Not In hnrnedlata Posseeslon
I

Martha Garcia, Arg mtina, LAPR
Lwkout QaokChcckcd

Fingerprinted

Name and Addrczs of (Lesl)(Current) U. 3. Employer

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Doponetlon Chwge(s) (Code Worda

[7 Listed , Code

Type or Employment

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Sdary
$

I From:

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R2A3
To:

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hr. Namtlve (Outline paniwlan under whlch allen located I apprehended. Include delailr, nol show above. fo time, placc, manncr ci lad cntry, and elements. which es~abllah adminlatrallve and I crirnlnal or vlolellane. lndlests mew. -md mulc o( m o t lo intarlor) Allen nas bson aavlsea o communlcaUonsprlvllegaa purauenc lo 0 CFR 242.2 (a). f lnilid Dele

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Prison Name: SILVEYRA, Antonio Fabian Additional DOB's: CDC Number: F08955 PC/H&SNC: 496d(a) Court: marin Crime: Possession of a Stolen Vehicle Conviction Date: 11/22/2005 Sentence: 3 years Release Date: 511112007 AKA: Antonio Fabian Silveyra Previous EOlR Proceedings: Previous EOlR Location: Date of Previous Removal: Place of'last Removal: Narrative: Subject claimed no fear of returnirlg to his country during his interview at Calipatria State Prison on 4/18/2007. Circle One: QD AD B&B WI TFRD TO

1 1-618 and list of Free Legal Services provided to Alien.
OISTRIBUTION Orlglnal - A Flle

I Recelved (sublea and documente)(reponof Inrewiew) from
Juan J. Ramiroz Deponation Wcer
dllBR007

(RecL.iviv Oficer)

F m 1-213 (Rev. LIE-79) Y UNITED STATES OEPARTMENT OF JUSTICE Immtgrstlon end Narurallzetion Service

I

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Case 3:08-cv-00018-H-NLS

US DHS DEPORTATION DEPT Document 7-2 Filed 03/14/2008

Page 3 of 8 @I003

U.S. Department of Justice
Immigration and Naturalization S e r v i c ~ Notice to Appear

L

In removal proceedings under section 240 of the Immigration and Nationality Act
File No: A1 8 499 789 CDC: F08955 Rel Date: 511 112007
In the Matter of:
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Respatident:

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K --bart?~,Antanro Fabran ' A

pdS/lmig:atiran & Customs Enforra~~manf..A m Antonio Fabian ~ i l v & f b i9sPa~fiiliI;i.! Rcrnrial hcglgrm . .. .
--. .,.
....
..

(Number, street, clty, state and ZIP code)

Ea!i~f&@ wmpne

1. You are an arrlving allen.

2. You are an alien present in the United States who has not been admitted or paroled. Id 3. You have been admitled to the United States, but are deportable for the reasons stated below.

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The Senrice alleges that you: 4. YOUare not a citizen or national of the United States.

5. You are a native of firqentina and a citizen of firnentina&

6. You were admitted to the United States a Los Angeles. California on or about 8/31/1968 as an immigrant. t
7. You were, on llR212005, convicted in the Superior Court of California, County of marln for the offense of Possession of a Stolen Vehicle, in violation of Section 496d(a) of the California Penal Code;

I

I

8. For that offense, you were sentenced to confinement for a period of 3 years.
basis of the foregoing, il is charged that you are subject to removal from the United States pursuant to the foilowing provision(s) of 237(a)(2)(A)(iii) of the Immigration and Nationality Act, as amended, in that, at any time after admission, you have been convicted of an aggravated felony as defined in Section 1Ol(a)(43)(G) of the Act, a theft offense, (Including receipt stolen property), for which the term of imprisonment ISat least one year. This notice is being issued after an asylum officer has found that the respondent has demonstrated a credible fear of persecution. Section 235(b)(1) order was vacated pursuant to:

8 CFR 208,30(f)(2)

8 CFR 235.3(6)(5)(iv)

YOU ARE ORDERED to appear before an immigration judge of the United States Department of Justice at: on APfl
I

7

To be set
(Complete Address of Immigration coun, Including room Number, if any)

26

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~ t e g 8 . O Q t o show why you should not be removed from the United States bared on the cnargels) set forth above. q.rs

(Date)

(The)"

(City and State) Date:

2 0 2007

see reverse tor impomnt information

Form 1-862 (Rev. 4-1-97)

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Case 3:08-cv-00018-H-NLS

U S DHS DEPORTATION DEPT Document 7-2 Filed 03/14/2008
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Page 4 of 8

Notice to Respondent

warning: Any statement you make may be used against you in removal proceedings. Allen Reglstratlon: This copy of the Notice to appear served upon you Is evidence of your alien registrationwhile you are under removal proceedings. You are required to carry it with you at all times. Representation: Ifyou so choose, you may be represented in this proceeding, at no expense to the government, by an attorney or other individual authorized and qualified to represent persons before the Executive Ofice for Immigration Review, pursuant to 8 CFR 3.16. Unless you so request, no hearing will be scheduled earlier than ten days from the date of this notice, to allow you sufficient time to secure counsel. A list of qualified attorneys and organizations that may be available to represent you at no cost will be provided with this Notlce.

.-. . .. -

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-karing?At t h e ~ ~ e a r l ~ l n i i V i any an~dEiUB you t n Wether-ficuments whlch you deGfgighave conddared--m-ur ~ a ~ e - ~ ~ u m e n t ~ ~ g a b ~ g u a g e .and,.- ~ y ~ m ~kh.. i.. g i ~ ~ translation of the document. If you wlsh to have the testimony of any witnesses considered, you should arrange to have such witnesses present at the hearing. At your hearing you will be given the opportunity to admit or deny any or all the allegations in the Notice to Appear and that you are inadmissible or deportable on the charges contained in the Notice of Appear. You will have an opportunity to present evidence on your own behalf, to examine any evidence presented by the government, to object, on proper legal grounds, to the receipt of evidence and to cross examine any witnesses presented by the Government. You will be advised by the immigration judge before whom you appear, of any relief from removal for which you may appear eligible including the privilege of departing voluntarily. You will be given a reasonable opportunity to make any such application to the immigration judge. Failure to appear: You are required to provide the INS, In writing, with your full rnalllng address and telephone number. You must notify th'e Immigration Court immediately by uslng Form EOIR-33 whenever you change yoljr address or.telephone number during the course of this proceeding. You will be provided with a copy of this form. Notices of hearing will be mailed to this address. If you do not submit Form EOIR-33 and do not otherwise provide anaddress at which you may be reachod during proceedings, then the government shall not be required to provide you wlth written notice of your hearing. Ifyou fail to attend the hearing at the time and place designated on this notice, or any date and time later directed by the Immigration Court, a removal order may be made by.the immigration judge in your absence, and you may be arrested and detained by the I'NS. Request for Prompt Hearing To expedite a determination in my case, I request an immediate hearing. I waive my right to have a 10-day period prior to appearing before an immigrationjudge.

X
Before; Deportation Officer eignalura and tltle of INS Officer) Date:

(Slgnarure of Respondent)

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AFit 2 6

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Certificate of Service
.

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This Notice to appear was served on the respondent by me on
,

:,,'II L iJ ; . , , ; I (Date)

, in the following manner and in Allens risht Index on'nt

compliance with section 239(1)(1)(F) of the Act:

E in person l

by certified mail, return receipt requested 17 by regular mail

Attached Is a list of organizations and attorneys, which provide free legal services.

El The alien was provided oral notice in the

and place of his or her hearing and of the consequences of failure to appea section 240(b)(7) of the Act.

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Case 3:08-cv-00018-H-NLS

Document 7-2

US DHS DEPORTATION DEPT

Filed 03/14/2008

Page 5 of 8

U.S. Department of Justice

.
Notice of Custody Determination Date: 411 812007

lrnrnigrationand Naturalization Service

Pursuant to the authority contained in section 236 of the Immigration and Nafionallty Act and part 236 of title 8, Code of Federal Regulations, I have determined that pending a final determination by the immigmtion judge in your case, and in the event you are ordered removed fmm the United Status, until you are taken into custody for removal, you shall be:

El detained in the custody of this Service.

E released under bond in the amount of $NO BOND. l
released on your own recognizance. You may request a review of this determination by an immigration judge. You may not request a review of this determination by an immigration judge because the Immigration and Nationality Act prohibits your release frum custody.

Suoetvisory Detention anJ~eoortation Officer Calipatria. California
(INS office location)

El 1 do C do not request a re-determination of this custody by an immigration judge. l
E l I acknowledge receipt of this notification.

ki'lt 2 0 2bil)l
(Date)

RESULT OF CUSTODY REDETERMINA TlON
On
lmmigmtion Judge

, custody status/conditions for release were reconsidered by:
District Dlreetnr
B o a d oflmmigratlonAppeals

The results of the re-deteminafion/reconsideralionare:
No change - Original determination upheld.
Detain in custody of this Service
Bond amaunt reset to
(Signalum of Oflicer)

Release Oder of Recognizance Release Personal Recognizance Othec

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Form 1-286 (Rev. 41-97)N

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Case 3:08-cv-00018-H-NLS

Document 7-2

US DHS DEPORTATION DEPT

Filed 03/14/2008

Page 6 of 8

@I 006

U.S. Department of Justice
,Immigration and Naturalization Service

Warrant for Arrest of Alien

File No: A 18 499 789 Date: 411812007

To any oficer of the Immigration and Naturalization Service delegated aufhorify pursuant to section 287 of the Immigration and Nationality Act: From evidence submiffed to me, it appears that: SILVEYRA-Garcia,Antonio Fabian
(Full name of alien)

an alien who entered the United States at or near Los Angeles, California on 8B7M968 (port) (Date) is within t l ~ e country in violation of the immigration laws and is therefore liable to being taken into custody as authorized by section 236 of the lmmigration and Nationality Act. By virtue of the authority vested in me by the immigration laws of the United States and the regulations issued pursuant thereto, I command you to take the above-named alien into custody for proceedings in accordance with the applicable provisions of the immigration laws and regulations.

Supervisor~ Detention an& Deportation Officer
mtle)

Served by me at Calipafria Stafe Prison, 7018 Blair Road, Calipatria, CA on 5 l 7 1/2007 at 0800 : I certify that following such service, the alien was advised concerning his or her right to counsel and was
furnished a copy of this warrant.

I

Form C200 (Rev. 4-1-97)N

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Case 3:08-cv-00018-H-NLS

US DHS DEPORTATION DEPT Document 7-2 Filed 03/14/2008

Page 7 of 8

.

U.S. Deoartment 01 Homeland Security
Irnrnigrstion and Customs Enforcement

Additional Charges of Inadmissibility/Deportability
Act

In:

[XI Removal proceedings under Scction 240 of the Immigration and Nationality

Dcportation proceedings commenced prior to April 1,1997 under former Section 242 of the immigration and Nationality Act

In the Matter of:

AlierVRespondent: Antonio Fabian SiIve~ra-Garcia File No:

A018 499 789 Address: d o ICE, 11.15 N. Imperial Avenue, E Centro, CA 92243 I

in addition to n i lleu of the original charges that you are 'n There islare hereby lodged against you the following charge(s) either nsubject to being taken into custody and deported or removed from the United States pursuant to the following provision(s) of law:

237(a)(2)(B)(i) of the Immigratio~ and Nationality Act of 1952, as amended, in that you are an
ien who a t any time after admission has been convicted of a violation of (or a conspiracy or attempt to

any law or regulation of a State, the United States, or a foreign country relating to a coytrolIed substance (as defined in Section 802 of Title 21 of the United States Code), other than a single offense involving possession for one's own use of 30 grams or less of marijuana.
I

In Support of the additional charge(s) there is submitted the following factual allegation(s) forth in the original charging document: in addition to
in lleu of those set

9. On or about July 21,2005, you were convicted before the Superior Court of California, in Alarneda County Case No. 510553, of the crime of possessionof drug paraphernalia in violation of 68:~California Health and Safety Code Section 11364.
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of

10. For this offense you were sentenced to 2 days in jail.

Date: Julv 30.2007

dz

-(ICE Counsel)

Form 1-261(Rev 411197)N

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Page 8 of 8 @loo8

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IMMIGRATION COURT
,

2409 LA BRUCHERIE ROAD IMPERIAL, 'cW. 92251

In the Matter of--'-' Case No.;
SILVEYRA-GARCIA, ANTONIO FABIAN
A10-499-789

Respondent.

'

IN REMOVAL PROCEEDINGS
ORDER OF THE IMMIGRaTTON JUDGE

his is a aummary of the oral decision entered on This memorandum i a solely for the convenience of proceedings should be appealed or reopened, the oral decision will become the official opinion in the case. .. The respondent was ordered removed f r o m the United Statee to1 j2,j 2 i l i rl l ; - / I i [ \--ro [ ] Respondent's application for voluntary departure was denied and respondent was ordered removed to or in the alternative to . ! [ I Respondent's application for voluntary departure was granted until upon posting a bond in the amount of $ with an alternate order of removal to Respondent's application for: [ 1 Asylum was 3 ) granted ( 1denied ( 1 withdrawn. [ ] Withholding of removal was ( I granted ( )denied ( I withdrawn. A Waiver under Section was.. ( ) grant-ed (. denied ( 1 withdrawn. [ ] Cancellation of removal under section 240A(aI 'was ( )granted ( 1 withdrawn. Respondenclsapplication for: [ I Cancellation under section aeOA(b) (1) was ( I granted ( 1 denied ( withdrawn. If granted, it is ordered that the respondent be issued all appropriate documents necessary to give effect to this order. [ ] Cancell.ationunder section.240A(b) ( 2 ) was ( )granted ( ) denied )withdrawn: I granted it i e ordered that the respondent be issued f ( all appropriated d cumente neceesary to give effect.tothis ,order. [ 1 Adjustment of Stat s under S~ction -was I Igranted ( I denied )withdrawn. ~ f granted it is ordered that. the.respondent be issued ' ( all appropriated. docume,ntenecessary to give effect to this order. ,[ ] ~es~ondent application of ( ) withholding of ,removal ( 1 deferral of 1,s removil under m-ticle I11 of the Convention Against Torture was i 1 granted ( denied ( ) withdrawn. L I Respondent's etatus was rescinded under ~ection 246. [ I Respondent is admitted to the United Statce oo a until . [ I As a condition of admission, respondent iu to po.st a $ bond. [ ] Respondent knowingly'filed a frivoloun asylum application after propez notice. [ I Respondent was advised o£ the limitation on discretionary relief for failure to appear as ordered in the Immigration Judgele oral decision. [ 1 Procsedinqs were terminated. [ ] Other: Date: Jan 9, 2008

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D=IS

R. JAMES

Appeal Due By:
I

Immigration Judge