Hitendra hearing

Jun 04, 2026 17:07 · 19:19 · English · Whisper Turbo · 4 स्पीकर
इस हस्तलिपि का समय ख़त्म हो गया. 4 दिन. स्थायी भंडारण के लिए अद्यतन करें →
व्याख्यान निर्देशिका
सिर्फ दिखाएँ
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.

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