Hitendra hearing

0:02

S… Speaker 4 (Hitendra hearing)

We are on the record May 1st,

0:03

S… Speaker 4 (Hitendra hearing)

2026,

0:04

S… Speaker 4 (Hitendra hearing)

Immigration Judge Court Court in the Falls Church Immigration Adjudication Center.

0:08

S… Speaker 4 (Hitendra hearing)

This is a custody determination hearing via WebEx for the Stewart

0:12

S… Speaker 4 (Hitendra hearing)

Immigration Court in the matter of Hiddendra Kumar

0:16

S… Speaker 4 (Hitendra hearing)

Patel,

0:17

S… Speaker 4 (Hitendra hearing)

file 220 -767 -476.

0:20

S… Speaker 4 (Hitendra hearing)

The respondent is appearing from the Stewart Detention

0:25

S… Speaker 1 (Hitendra hearing)

Center.

0:25

S… Speaker 4 (Hitendra hearing)

He has counsel appearing via WebEx.

0:27

S… Speaker 4 (Hitendra hearing)

Counselor, your appearance.

0:32

S… Speaker 4 (Hitendra hearing)

And for DHS?

0:33

S… Speaker 3 (Hitendra hearing)

Mark Johnson,

0:36

S… Speaker 1 (Hitendra hearing)

Your Honor.

0:36

S… Speaker 1 (Hitendra hearing)

Thank you.

0:37

S… Speaker 4 (Hitendra hearing)

And we have Gujarati interpreter who's appearing telephonically.

0:41

S… Speaker 4 (Hitendra hearing)

She's previously been sworn.

0:42

S… Speaker 4 (Hitendra hearing)

To the respondent of the interpreter,

0:43

S… Speaker 4 (Hitendra hearing)

sir, can you tell me your name,

0:44

S… Speaker 1 (Hitendra hearing)

please? And

0:51

S… Speaker 1 (Hitendra hearing)

sir,

0:54

S… Speaker 4 (Hitendra hearing)

is Gujarati the language you speak and

0:58

S… Speaker 4 (Hitendra hearing)

understand the best?

1:10

S… Speaker 4 (Hitendra hearing)

And is Ms.

1:11

S… Speaker 4 (Hitendra hearing)

Patel your attorney today?

1:12

S… Speaker 4 (Hitendra hearing)

Is she authorized to speak for you?

1:13

S… Speaker 1 (Hitendra hearing)

Yes.

1:22

S… Speaker 1 (Hitendra hearing)

Okay.

1:26

S… Speaker 2 (Hitendra hearing)

In the record,

1:27

S… Speaker 4 (Hitendra hearing)

we have the pre -NTA bond determination request for markers,

1:30

S… Speaker 4 (Hitendra hearing)

Exhibit 1,

1:30

S… Speaker 4 (Hitendra hearing)

and then there was evidence.

1:34

S… Speaker 4 (Hitendra hearing)

Evidence Part 01 was submitted on the 29th.

1:37

S… Speaker 4 (Hitendra hearing)

We'll mark that as Exhibit 2.

1:39

S… Speaker 4 (Hitendra hearing)

Those are all the documents we have.

1:42

S… Speaker 4 (Hitendra hearing)

Are we missing anything?

1:43

S… Speaker 1 (Hitendra hearing)

Your Honor,

1:47

S… Speaker 1 (Hitendra hearing)

so the case has not been moved to Lumpkin,

1:49

S… Speaker 1 (Hitendra hearing)

so I just went ahead and filed the asylum application for your record.

1:53

S… Speaker 1 (Hitendra hearing)

That is pending.

1:54

S… Speaker 2 (Hitendra hearing)

All right,

1:55

S… Speaker 4 (Hitendra hearing)

so there's a pending asylum.

1:56

S… Speaker 4 (Hitendra hearing)

I don't know when to respond to God here.

1:58

S… Speaker 4 (Hitendra hearing)

First,

2:00

S… Speaker 4 (Hitendra hearing)

Mr. Johnson,

2:01

S… Speaker 4 (Hitendra hearing)

do I have jurisdiction for bond in this case?

2:05

S… Speaker 4 (Hitendra hearing)

Your Honor, that was,

2:06

S… Speaker 3 (Hitendra hearing)

thank you.

2:07

S… Speaker 3 (Hitendra hearing)

Preliminarily,

2:08

S… Speaker 3 (Hitendra hearing)

we were going to raise that issue.

2:10

S… Speaker 3 (Hitendra hearing)

Your Honor,

2:11

S… Speaker 3 (Hitendra hearing)

the respondent is an applicant for admission,

2:15

S… Speaker 3 (Hitendra hearing)

entered without inspection in November of 2021.

2:18

S… Speaker 3 (Hitendra hearing)

There is no habeas order entered in

2:22

S… Speaker 3 (Hitendra hearing)

this case.

2:23

S… Speaker 3 (Hitendra hearing)

He's mandatorily detained under 235B as an applicant

2:27

S… Speaker 3 (Hitendra hearing)

for admission, and the court would lack jurisdiction here,

2:30

S… Speaker 3 (Hitendra hearing)

we would assert.

2:32

S… Speaker 1 (Hitendra hearing)

Ms.

2:32

S… Speaker 1 (Hitendra hearing)

Patel?

2:33

S… Speaker 3 (Hitendra hearing)

Also under the matter of Gary Hurtado.

2:35

S… Speaker 2 (Hitendra hearing)

Yes.

2:35

S… Speaker 1 (Hitendra hearing)

Ms.

2:36

S… Speaker 1 (Hitendra hearing)

Patel?

2:37

S… Speaker 1 (Hitendra hearing)

Your Honor,

2:38

S… Speaker 1 (Hitendra hearing)

the habeas was granted,

2:39

S… Speaker 1 (Hitendra hearing)

and after the grant of the habeas,

2:41

S… Speaker 1 (Hitendra hearing)

this case was infected,

2:42

S… Speaker 1 (Hitendra hearing)

Your Honor.

2:43

S… Speaker 4 (Hitendra hearing)

Where is the habeas?

2:45

S… Speaker 1 (Hitendra hearing)

I

2:49

S… Speaker 1 (Hitendra hearing)

can upload the habeas order,

2:51

S… Speaker 1 (Hitendra hearing)

but the previous bond was as a result

2:55

S… Speaker 1 (Hitendra hearing)

of the habeas.

2:56

S… Speaker 4 (Hitendra hearing)

I don't have a previous bond here,

3:00

S… Speaker 4 (Hitendra hearing)

and I don't have a habeas grant.

3:03

S… Speaker 4 (Hitendra hearing)

DHS normally would get that.

3:04

S… Speaker 4 (Hitendra hearing)

When was it granted?

3:05

S… Speaker 1 (Hitendra hearing)

It was granted May

3:09

S… Speaker 1 (Hitendra hearing)

1st or 2nd year.

3:12

S… Speaker 4 (Hitendra hearing)

Well, today's May 1st.

3:14

S… Speaker 1 (Hitendra hearing)

No,

3:15

S… Speaker 1 (Hitendra hearing)

no, April, April.

3:16

S… Speaker 1 (Hitendra hearing)

I'll go ahead and upload the HAPS grant on you,

3:19

S… Speaker 1 (Hitendra hearing)

Your Honor.

3:19

S… Speaker 4 (Hitendra hearing)

Mr.

3:21

S… Speaker 4 (Hitendra hearing)

Johnson,

3:22

S… Speaker 4 (Hitendra hearing)

do you have anything?

3:23

S… Speaker 3 (Hitendra hearing)

I'm looking,

3:25

S… Speaker 2 (Hitendra hearing)

Your Honor.

3:25

S… Speaker 4 (Hitendra hearing)

Because I was pretty sure

3:30

S… Speaker 4 (Hitendra hearing)

I didn't see any of the files.

3:37

S… Speaker 3 (Hitendra hearing)

Well, it looks like there may have been one in...

3:41

S… Speaker 1 (Hitendra hearing)

I

3:45

S… Speaker 1 (Hitendra hearing)

just uploaded it,

3:46

S… Speaker 1 (Hitendra hearing)

Your Honor.

3:46

S… Speaker 3 (Hitendra hearing)

Yeah,

3:47

S… Speaker 3 (Hitendra hearing)

it looks like there may be one that was issued...

3:51

S… Speaker 1 (Hitendra hearing)

It was issued on April 8th.

3:54

S… Speaker 3 (Hitendra hearing)

Previously.

3:54

S… Speaker 3 (Hitendra hearing)

However,

3:55

S… Speaker 3 (Hitendra hearing)

I'm looking for the court's order.

3:57

S… Speaker 2 (Hitendra hearing)

Well...

4:01

S… Speaker 3 (Hitendra hearing)

So, Your Honor,

4:02

S… Speaker 3 (Hitendra hearing)

I do see that prior bond hearing,

4:05

S… Speaker 3 (Hitendra hearing)

respondents' counsel requested no action on

4:09

S… Speaker 1 (Hitendra hearing)

that.

4:09

S… Speaker 4 (Hitendra hearing)

When was that?

4:11

S… Speaker 4 (Hitendra hearing)

I don't see that in the record anymore.

4:13

S… Speaker 2 (Hitendra hearing)

You know what?

4:14

S… Speaker 4 (Hitendra hearing)

There it is.

4:15

S… Speaker 3 (Hitendra hearing)

It appears that that may have been on April

4:20

S… Speaker 2 (Hitendra hearing)

13th,

4:21

S… Speaker 3 (Hitendra hearing)

an order of the court.

4:22

S… Speaker 4 (Hitendra hearing)

Yeah,

4:23

S… Speaker 4 (Hitendra hearing)

this is going back.

4:25

S… Speaker 4 (Hitendra hearing)

All right,

4:25

S… Speaker 4 (Hitendra hearing)

this is going back a couple of –

4:31

S… Speaker 4 (Hitendra hearing)

This is one where I previously found no jurisdiction and then –

4:36

S… Speaker 2 (Hitendra hearing)

Okay.

4:38

S… Speaker 4 (Hitendra hearing)

We would – I previously – If

4:42

S… Speaker 3 (Hitendra hearing)

we're back – Yeah,

4:44

S… Speaker 3 (Hitendra hearing)

if we're back on that habeas today,

4:46

S… Speaker 3 (Hitendra hearing)

Your Honor, then we cannot assert the jurisdictional bar

4:50

S… Speaker 2 (Hitendra hearing)

here. No, no.

4:51

S… Speaker 2 (Hitendra hearing)

No,

4:52

S… Speaker 4 (Hitendra hearing)

there's a habeas in his jurisdiction.

4:53

S… Speaker 2 (Hitendra hearing)

So, yeah,

4:54

S… Speaker 2 (Hitendra hearing)

I'm going to close that out in order.

4:56

S… Speaker 2 (Hitendra hearing)

Can you put the habeas language in there?

4:57

S… Speaker 2 (Hitendra hearing)

All right.

5:00

S… Speaker 1 (Hitendra hearing)

So to respond,

5:02

S… Speaker 1 (Hitendra hearing)

sir, when did you come to the United States?

5:04

S… Speaker 1 (Hitendra hearing)

What

5:14

S… Speaker 1 (Hitendra hearing)

family do

5:23

S… Speaker 1 (Hitendra hearing)

you have in the United States?

5:43

S… Speaker 1 (Hitendra hearing)

Did you all come together?

5:45

S… Speaker 1 (Hitendra hearing)

It

5:49

S… Speaker 1 (Hitendra hearing)

was

5:55

S… Speaker 1 (Hitendra hearing)

me,

5:56

S… Speaker 1 (Hitendra hearing)

myself and my wife.

5:57

S… Speaker 1 (Hitendra hearing)

We three came together.

5:59

S… Speaker 1 (Hitendra hearing)

None

6:06

S… Speaker 1 (Hitendra hearing)

of your family has any immigration status,

6:08

S… Speaker 1 (Hitendra hearing)

correct?

6:09

S… Speaker 1 (Hitendra hearing)

Yeah.

6:24

S… Speaker 1 (Hitendra hearing)

see what's going on here,

6:25

S… Speaker 1 (Hitendra hearing)

because I have,

6:26

S… Speaker 1 (Hitendra hearing)

we

6:44

S… Speaker 1 (Hitendra hearing)

just accepted there's evidence,

6:45

S… Speaker 1 (Hitendra hearing)

I can't tell whether evidence part 01 is a duplicate now,

6:49

S… Speaker 1 (Hitendra hearing)

or whether it's a different evidence part 01.

6:51

S… Speaker 1 (Hitendra hearing)

This

7:03

S… Speaker 1 (Hitendra hearing)

is, okay, so you were with me before,

7:05

S… Speaker 1 (Hitendra hearing)

there was a conversation over the criminal charge.

7:08

S… Speaker 2 (Hitendra hearing)

It's similar to that,

7:11

S… Speaker 1 (Hitendra hearing)

Your Honor.

7:11

S… Speaker 1 (Hitendra hearing)

Right.

7:12

S… Speaker 1 (Hitendra hearing)

The act,

7:14

S… Speaker 1 (Hitendra hearing)

the charge, it rings a bell,

7:17

S… Speaker 1 (Hitendra hearing)

I'm just going to say,

7:17

S… Speaker 1 (Hitendra hearing)

Judge Lance.

7:21

S… Speaker 1 (Hitendra hearing)

There's some background noise going on somewhere.

7:23

S… Speaker 1 (Hitendra hearing)

I'm not sure where.

7:25

S… Speaker 1 (Hitendra hearing)

So you

7:30

S… Speaker 1 (Hitendra hearing)

filed the copy of the asylum application.

7:34

S… Speaker 1 (Hitendra hearing)

Now

7:38

S… Speaker 1 (Hitendra hearing)

that I see, I see more of this.

7:41

S… Speaker 1 (Hitendra hearing)

What

7:55

S… Speaker 1 (Hitendra hearing)

you filed today,

7:56

S… Speaker 1 (Hitendra hearing)

Evidence Part 01 and Evidence Part 02,

7:59

S… Speaker 1 (Hitendra hearing)

there'll be Exhibits 3 and 4 for the record.

8:02

S… Speaker 1 (Hitendra hearing)

Ms.

8:05

S… Speaker 1 (Hitendra hearing)

Patel, what else do you want to tell me?

8:08

S… Speaker 2 (Hitendra hearing)

Your Honor,

8:09

S… Speaker 2 (Hitendra hearing)

we are requesting that the respondent be released on bond today.

8:13

S… Speaker 2 (Hitendra hearing)

The respondent has extensive family ties in the United States.

8:16

S… Speaker 2 (Hitendra hearing)

He has a wife,

8:18

S… Speaker 2 (Hitendra hearing)

a son,

8:18

S… Speaker 2 (Hitendra hearing)

a U .S.

8:19

S… Speaker 2 (Hitendra hearing)

citizen nephew,

8:20

S… Speaker 2 (Hitendra hearing)

a U .S.

8:20

S… Speaker 2 (Hitendra hearing)

citizen cousin sister as well.

8:22

S… Speaker 2 (Hitendra hearing)

Respondent's close family friend who is a U .S.

8:26

S… Speaker 2 (Hitendra hearing)

citizen is a sponsor and he has provided detailed statements for

8:30

S… Speaker 2 (Hitendra hearing)

his sponsorship along with the text documentation.

8:33

S… Speaker 2 (Hitendra hearing)

Over the past five years,

8:35

S… Speaker 2 (Hitendra hearing)

the respondent has developed very strong community ties in the United States.

8:38

S… Speaker 2 (Hitendra hearing)

We have submitted numerous good -more character letters from friends,

8:42

S… Speaker 2 (Hitendra hearing)

family, employers,

8:43

S… Speaker 2 (Hitendra hearing)

regular customers,

8:44

S… Speaker 2 (Hitendra hearing)

and temples.

8:45

S… Speaker 2 (Hitendra hearing)

Your Honor,

8:47

S… Speaker 2 (Hitendra hearing)

the respondent was initially charged with RICO charges.

8:51

S… Speaker 2 (Hitendra hearing)

RICO charges were brought down to the charges of obstruction.

8:54

S… Speaker 2 (Hitendra hearing)

He was granted a bond by the Cobb County Superior Court,

8:58

S… Speaker 2 (Hitendra hearing)

but the bond was never...

8:59

S… Speaker 2 (Hitendra hearing)

never processed and he stayed in the pre -trial custody until

9:03

S… Speaker 2 (Hitendra hearing)

the final disposition of the case.

9:05

S… Speaker 2 (Hitendra hearing)

He spent 221 days in pre -trial custody

9:10

S… Speaker 2 (Hitendra hearing)

awaiting the final adjudication of his charges.

9:12

S… Speaker 2 (Hitendra hearing)

He was released from the custody as sentenced served since it

9:16

S… Speaker 2 (Hitendra hearing)

was a misdemeanor conviction.

9:18

S… Speaker 2 (Hitendra hearing)

The respondent does not have any criminal charges other than the present

9:22

S… Speaker 2 (Hitendra hearing)

misdemeanor.

9:23

S… Speaker 2 (Hitendra hearing)

uh he's not subjected to mandatory detention and he is not convicted

9:27

S… Speaker 2 (Hitendra hearing)

of a cinc crime he seeks an opportunity

9:31

S… Speaker 2 (Hitendra hearing)

to rehabilitate himself moreover any concern regarding danger to

9:35

S… Speaker 2 (Hitendra hearing)

the community can be mitigated by a higher amount aside from this

9:40

S… Speaker 2 (Hitendra hearing)

incident the respondent has consistently mentored

9:44

S… Speaker 2 (Hitendra hearing)

he has never physically harmed anyone and has consistently paid taxes

9:48

S… Speaker 2 (Hitendra hearing)

over three years we have provided tax returns from 2023 to 2025

9:53

S… Speaker 2 (Hitendra hearing)

upon release the respondent will reside at the same address with

9:57

S… Speaker 2 (Hitendra hearing)

his wife and child in ohio

10:00

S… Speaker 4 (Hitendra hearing)

where they have continuously leave for the past three years.

10:02

S… Speaker 4 (Hitendra hearing)

He is not likely to leave his wife and child and go

10:06

S… Speaker 4 (Hitendra hearing)

abscond into our immigration proceedings,

10:09

S… Speaker 4 (Hitendra hearing)

not after spending 121 days in pretrial custody.

10:12

S… Speaker 4 (Hitendra hearing)

Both the respondent and his wife had ATT

10:16

S… Speaker 4 (Hitendra hearing)

reporting.

10:17

S… Speaker 4 (Hitendra hearing)

The wife is also currently doing the reporting every two weeks.

10:21

S… Speaker 4 (Hitendra hearing)

The respondent also has a time -to -find asylum application,

10:24

S… Speaker 4 (Hitendra hearing)

which is pending before the immigration court.

10:26

S… Speaker 1 (Hitendra hearing)

Your Honor,

10:27

S… Speaker 4 (Hitendra hearing)

he has demonstrated responsibility,

10:29

S… Speaker 4 (Hitendra hearing)

consistency,

10:30

S… Speaker 4 (Hitendra hearing)

and meaningful implication into the community,

10:32

S… Speaker 4 (Hitendra hearing)

with no history of absconding,

10:35

S… Speaker 4 (Hitendra hearing)

and therefore poses no flight risk.

10:37

S… Speaker 4 (Hitendra hearing)

He has a stable house,

10:38

S… Speaker 4 (Hitendra hearing)

long -standing employment,

10:40

S… Speaker 4 (Hitendra hearing)

and deep -rooted family and community ties,

10:43

S… Speaker 1 (Hitendra hearing)

Your Honor.

10:43

S… Speaker 4 (Hitendra hearing)

He made all the factors set forth in the matter of guerra.

10:46

S… Speaker 4 (Hitendra hearing)

Therefore, we request that he release on guard.

10:48

S… Speaker 1 (Hitendra hearing)

Mr.

10:49

S… Speaker 2 (Hitendra hearing)

Johnson.

10:53

S… Speaker 3 (Hitendra hearing)

Thank you,

10:53

S… Speaker 3 (Hitendra hearing)

Your Honor. Your Honor,

10:56

S… Speaker 3 (Hitendra hearing)

there is a danger on the flight risk in

11:02

S… Speaker 3 (Hitendra hearing)

this case,

11:02

S… Speaker 3 (Hitendra hearing)

first on the issue of the criminal charges.

11:08

S… Speaker 3 (Hitendra hearing)

And I would emphasize here that we're

11:12

S… Speaker 3 (Hitendra hearing)

more concerned about flight risk here.

11:14

S… Speaker 3 (Hitendra hearing)

The respondent was arrested,

11:17

S… Speaker 3 (Hitendra hearing)

as the court noted,

11:18

S… Speaker 3 (Hitendra hearing)

but he was arrested in August of 2025.

11:21

S… Speaker 3 (Hitendra hearing)

That's a relatively recent.

11:24

S… Speaker 3 (Hitendra hearing)

It was a serious organized criminal offense,

11:28

S… Speaker 3 (Hitendra hearing)

a RICO charge.

11:29

S… Speaker 3 (Hitendra hearing)

Although that was reduced to

11:34

S… Speaker 3 (Hitendra hearing)

an obstruction conviction,

11:35

S… Speaker 3 (Hitendra hearing)

it did carry an underlying sentence.

11:37

S… Speaker 3 (Hitendra hearing)

It was part of a plea deal and

11:42

S… Speaker 3 (Hitendra hearing)

it remains highly

11:46

S… Speaker 3 (Hitendra hearing)

probative.

11:46

S… Speaker 3 (Hitendra hearing)

The underlying conduct remains

11:52

S… Speaker 1 (Hitendra hearing)

open.

11:52

S… Speaker 3 (Hitendra hearing)

for this court's scrutiny,

11:55

S… Speaker 3 (Hitendra hearing)

and that will go to the issue of discretion on any underlying relief

11:59

S… Speaker 3 (Hitendra hearing)

that he is seeking.

12:00

S… Speaker 3 (Hitendra hearing)

So that is relevant to the court's

12:04

S… Speaker 3 (Hitendra hearing)

bond consideration today as well.

12:06

S… Speaker 3 (Hitendra hearing)

In any event,

12:08

S… Speaker 3 (Hitendra hearing)

what we have here reflects coordinated intentional disregard for

12:13

S… Speaker 3 (Hitendra hearing)

the law, conviction,

12:15

S… Speaker 3 (Hitendra hearing)

obstruction as well.

12:21

S… Speaker 3 (Hitendra hearing)

And with respect to flight

12:26

S… Speaker 3 (Hitendra hearing)

risk, all that does enhance flight risk.

12:30

S… Speaker 3 (Hitendra hearing)

We'll mitigate that

12:34

S… Speaker 1 (Hitendra hearing)

flight risk.

12:35

S… Speaker 3 (Hitendra hearing)

So given that

12:39

S… Speaker 3 (Hitendra hearing)

reduced likelihood or the challenges that he's going to face with

12:43

S… Speaker 3 (Hitendra hearing)

respect to discretion and his history,

12:47

S… Speaker 3 (Hitendra hearing)

we would ask support to deny bond.

12:49

S… Speaker 2 (Hitendra hearing)

Now, if I read the reports right,

12:53

S… Speaker 2 (Hitendra hearing)

he falsely reported being robbed by a black man to

12:57

S… Speaker 1 (Hitendra hearing)

the police?

12:58

S… Speaker 1 (Hitendra hearing)

Yes,

13:01

S… Speaker 1 (Hitendra hearing)

Your Honor.

13:01

S… Speaker 4 (Hitendra hearing)

That's what the count one is describing.

13:03

S… Speaker 3 (Hitendra hearing)

Yes.

13:04

S… Speaker 2 (Hitendra hearing)

So the conduct was he falsely made a false report to police

13:08

S… Speaker 2 (Hitendra hearing)

regarding being the victim of a crime.

13:13

S… Speaker 1 (Hitendra hearing)

Yes, Your Honor.

13:14

S… Speaker 4 (Hitendra hearing)

It can be called his mistake a bad judgment on his part,

13:18

S… Speaker 4 (Hitendra hearing)

and he realizes that mistake,

13:19

S… Speaker 4 (Hitendra hearing)

and he wants to mitigate this fact.

13:21

S… Speaker 2 (Hitendra hearing)

Mistakes and bad judgment?

13:23

S… Speaker 2 (Hitendra hearing)

Really?

13:24

S… Speaker 2 (Hitendra hearing)

All right.

13:25

S… Speaker 2 (Hitendra hearing)

Your Honor,

13:29

S… Speaker 4 (Hitendra hearing)

if I may, I would like to address this,

13:31

S… Speaker 1 (Hitendra hearing)

Your Honor.

13:32

S… Speaker 1 (Hitendra hearing)

Wow.

13:33

S… Speaker 2 (Hitendra hearing)

I'll give you a minute,

13:36

S… Speaker 2 (Hitendra hearing)

but I find the criminal charge here and

13:40

S… Speaker 2 (Hitendra hearing)

the conduct.

13:42

S… Speaker 2 (Hitendra hearing)

very serious and very,

13:45

S… Speaker 2 (Hitendra hearing)

very problematic for the respondent.

13:47

S… Speaker 2 (Hitendra hearing)

And I know it's not necessarily that he's got a CAMT issue or

13:51

S… Speaker 2 (Hitendra hearing)

anything like that, but this is,

13:52

S… Speaker 2 (Hitendra hearing)

as a matter of discretion,

13:53

S… Speaker 2 (Hitendra hearing)

the court finds what he did not to be

13:57

S… Speaker 2 (Hitendra hearing)

a mistake by an adult.

14:00

S… Speaker 2 (Hitendra hearing)

Go ahead.

14:04

S… Speaker 4 (Hitendra hearing)

The state initially charged broadly,

14:07

S… Speaker 4 (Hitendra hearing)

but ultimately the charges were reduced to obstruction.

14:10

S… Speaker 4 (Hitendra hearing)

This confirms that there is an absence of an ongoing

14:14

S… Speaker 4 (Hitendra hearing)

criminal enterprise or danger to the community.

14:17

S… Speaker 4 (Hitendra hearing)

He has no prior convictions,

14:19

S… Speaker 4 (Hitendra hearing)

not even a single traffic ticket,

14:21

S… Speaker 1 (Hitendra hearing)

Your Honor.

14:21

S… Speaker 4 (Hitendra hearing)

Deco charges were never sustained.

14:24

S… Speaker 4 (Hitendra hearing)

There is no evidence of harm to any individuals,

14:26

S… Speaker 4 (Hitendra hearing)

and the final disposition does not involve any violence,

14:31

S… Speaker 1 (Hitendra hearing)

Your Honor.

14:31

S… Speaker 4 (Hitendra hearing)

under the matter of urging unproven or overstated

14:36

S… Speaker 4 (Hitendra hearing)

allegations given limited weight,

14:38

S… Speaker 4 (Hitendra hearing)

particularly when the final disposition is minor or nonviolent.

14:41

S… Speaker 4 (Hitendra hearing)

He realizes this

14:46

S… Speaker 4 (Hitendra hearing)

mistake and he wants to make amends and he wants to rehabilitate himself.

14:50

S… Speaker 4 (Hitendra hearing)

He has a fixed address,

14:51

S… Speaker 4 (Hitendra hearing)

he has wife,

14:53

S… Speaker 4 (Hitendra hearing)

children, has unemployment,

14:54

S… Speaker 4 (Hitendra hearing)

the child goes to the school,

14:56

S… Speaker 4 (Hitendra hearing)

he has significant ties.

14:59

S… Speaker 4 (Hitendra hearing)

Any flight risk can be mitigated by ADT monitoring or ankle monitoring,

15:03

S… Speaker 1 (Hitendra hearing)

Your Honor.

15:04

S… Speaker 1 (Hitendra hearing)

All right,

15:05

S… Speaker 2 (Hitendra hearing)

just let me see here.

15:06

S… Speaker 2 (Hitendra hearing)

I'm still confused about something.

15:08

S… Speaker 1 (Hitendra hearing)

All right.

15:08

S… Speaker 2 (Hitendra hearing)

I see you filed the asylum application,

15:11

S… Speaker 2 (Hitendra hearing)

but there was an asylum application previously filed.

15:14

S… Speaker 4 (Hitendra hearing)

It has removed proceeding spending,

15:18

S… Speaker 1 (Hitendra hearing)

Your Honor.

15:18

S… Speaker 4 (Hitendra hearing)

It has not been moved to Lumpkin yet.

15:21

S… Speaker 2 (Hitendra hearing)

I know.

15:21

S… Speaker 2 (Hitendra hearing)

I understand.

15:22

S… Speaker 2 (Hitendra hearing)

What I'm saying is filing it today

15:26

S… Speaker 2 (Hitendra hearing)

certainly could be problematic,

15:27

S… Speaker 2 (Hitendra hearing)

but it's not.

15:29

S… Speaker 2 (Hitendra hearing)

It's not that it's untimely.

15:30

S… Speaker 2 (Hitendra hearing)

All right.

15:32

S… Speaker 1 (Hitendra hearing)

No,

15:33

S… Speaker 4 (Hitendra hearing)

no. You need to look for me,

15:34

S… Speaker 1 (Hitendra hearing)

dear Honor.

15:35

S… Speaker 4 (Hitendra hearing)

I just filed a copy for you.

15:36

S… Speaker 2 (Hitendra hearing)

No, I understand.

15:37

S… Speaker 2 (Hitendra hearing)

That's what I'm clarifying because you said you filed in Lumpkin.

15:39

S… Speaker 2 (Hitendra hearing)

I'm just clarifying that that's just filing of a copy that's already been received by the court.

15:44

S… Speaker 2 (Hitendra hearing)

All right.

15:46

S… Speaker 2 (Hitendra hearing)

So the attorneys have been telling

15:50

S… Speaker 2 (Hitendra hearing)

me why I should or should not be granting you bond in this case.

16:04

S… Speaker 2 (Hitendra hearing)

Sir,

16:05

S… Speaker 2 (Hitendra hearing)

while you were charged with serious criminal conduct,

16:09

S… Speaker 2 (Hitendra hearing)

the underlying facts are very,

16:12

S… Speaker 2 (Hitendra hearing)

very serious to this court.

16:26

S… Speaker 2 (Hitendra hearing)

I have to say,

16:27

S… Speaker 2 (Hitendra hearing)

I'm not really convinced that you are in a danger when

16:31

S… Speaker 2 (Hitendra hearing)

you report falsely to the police about being the victim of crimes

16:35

S… Speaker 2 (Hitendra hearing)

that the police go out,

16:36

S… Speaker 2 (Hitendra hearing)

that that doesn't put people in the public at risk.

16:57

S… Speaker 2 (Hitendra hearing)

Further, making false reports to police certainly indicate

17:02

S… Speaker 2 (Hitendra hearing)

to the court that you're not particularly reliable.

17:14

S… Speaker 2 (Hitendra hearing)

And I'm not convinced that I should trust when you tell me you're going to shock the court that

17:18

S… Speaker 2 (Hitendra hearing)

you actually will.

17:19

S… Speaker 1 (Hitendra hearing)

Now,

17:21

S… Speaker 1 (Hitendra hearing)

you

17:29

S… Speaker 2 (Hitendra hearing)

have not been in the United States for a particularly long period of time,

17:33

S… Speaker 2 (Hitendra hearing)

especially before you got arrested.

17:40

S… Speaker 1 (Hitendra hearing)

And while you have family members

17:44

S… Speaker 2 (Hitendra hearing)

here, none of them,

17:45

S… Speaker 2 (Hitendra hearing)

well,

17:46

S… Speaker 2 (Hitendra hearing)

your wife and children are in proceedings.

17:48

S… Speaker 2 (Hitendra hearing)

They can't provide immigration benefits for you.

17:50

S… Speaker 1 (Hitendra hearing)

I

18:01

S… Speaker 2 (Hitendra hearing)

will tell you, based on the criminal conduct in this case,

18:03

S… Speaker 2 (Hitendra hearing)

I find you'd be a significant flight risk.

18:17

S… Speaker 2 (Hitendra hearing)

And I'm going to deny bond in your case.

18:19

S… Speaker 1 (Hitendra hearing)

You

18:27

S… Speaker 2 (Hitendra hearing)

have the right to appeal this to the Board of Immigration Appeals.

18:36

S… Speaker 2 (Hitendra hearing)

Any appeal must be filed by June 1st of 2026 or

18:40

S… Speaker 2 (Hitendra hearing)

the board could deem it late and reject it.

18:42

S… Speaker 1 (Hitendra hearing)

And

18:47

S… Speaker 1 (Hitendra hearing)

I

18:52

S… Speaker 2 (Hitendra hearing)

will reserve your right to appeal.

18:54

S… Speaker 1 (Hitendra hearing)

I will reserve your right to appeal.

18:58

S… Speaker 1 (Hitendra hearing)

I will reserve your right to appeal.

19:03

S… Speaker 1 (Hitendra hearing)

Thank you,

19:03

S… Speaker 1 (Hitendra hearing)

Your Honor. Ms.

19:06

S… Speaker 1 (Hitendra hearing)

Patel,

19:11

S… Speaker 2 (Hitendra hearing)

anything further?

19:11

S… Speaker 1 (Hitendra hearing)

No,

19:14

S… Speaker 1 (Hitendra hearing)

Your Honor.

19:14

S… Speaker 2 (Hitendra hearing)

All right, the matter is concluded.

19:16

S… Speaker 2 (Hitendra hearing)

Good luck to you.

Hitendra hearing

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