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SAN DIEGO (AP) — Scheduling glitches led an immigration judge to deny the Trump administration's request to order four Central American migrants deported because they failed to show for initial hearings Wednesday in the U.S. while being forced to wait in Mexico.The judge's refusal was a setback for the administration's highly touted initiative to make asylum seekers wait in Mexico while their cases wind through U.S. immigration courts.One migrant came to court with a notice to appear on Saturday, March 30 and said he later learned that he was supposed to show up Wednesday. He reported in the morning to U.S. authorities at the main crossing between San Diego and Tijuana."I almost didn't make it because I had two dates," he said.Similar snafus marred the first hearings last week when migrants who were initially told to show up Tuesday had their dates bumped up several days.Judge Scott Simpson told administration lawyers to file a brief by April 10 that explains how it can assure migrants are properly notified of appointments. The judge postponed initial appearances for the four no-shows to April 22, which raised more questions about how they would learn about the new date.Government documents had no street address for the four men in Tijuana and indicated that correspondence was to be sent to U.S. Customs and Border Protection. Simpson asked how the administration would alert them."I don't have a response to that," said Robert Wities, an attorney for U.S. Immigration and Customs Enforcement.At least two others were given notices to appear Tuesday but, when they showed up at the border, were told by U.S. authorities that they were not on the schedule that day. Their attorneys quickly got new dates for Wednesday but Mexico refused to take them back, forcing them to stay overnight in U.S. custody.Laura Sanchez, an attorney for one of the men, said she called a court toll-free number to confirm her client's initial hearing Tuesday but his name didn't appear anywhere in the system. Later, she learned that it was Wednesday.Sanchez said after Wednesday's hearing that she didn't know if Mexico would take her client back. Mexican officials didn't immediately respond to a request for comment.Homeland Security Department representatives did not immediately respond to a request for comment late Wednesday.The snafus came two days before a federal judge in San Francisco hears oral arguments to halt enforcement of the "Migration Protection Protocols" policy in a lawsuit filed by the American Civil Liberties Union, Southern Poverty Law Center and Center for Gender & Refugee Studies.The policy shift, which followed months of high-level talks between the U.S. and Mexico, was launched in San Diego on Jan. 29 amid growing numbers of asylum-seeking families from Guatemala, Honduras and El Salvador. Mexicans and children traveling alone are exempt.Families are typically released in the U.S. with notices to appear in court and stay until their cases are resolved, which can take years. The new policy aims to change that by making people wait in Mexico, though it is off to a modest start with 240 migrants being sent back to Tijuana from San Diego in the first six weeks. U.S. officials say they plan to sharply expand the policy across the entire border.Mexican officials have expressed concern about what both governments say is a unilateral move by the Trump administration but has allowed asylum seekers to wait in Mexico with humanitarian visas.U.S. officials call the new policy an unprecedented effort that aims to discourage weak asylum claims and reduce a court backlog of more than 800,000 cases.Several migrants who appeared Wednesday said they fear that waiting in Mexico for their next hearings would jeopardize their personal safety. The government attorney said they would be interviewed by an asylum officer to determine if their concerns justified staying in the U.S.Some told the judge they struggled to find attorneys and were granted more time to find one. Asylum seekers are entitled to legal representation but not at government expense.U.S. authorities give migrants who are returned to Mexico a list of no-cost legal providers in the U.S. but some migrants told the judge that calls went unanswered or they were told that services were unavailable from Mexico.A 48-year-old man said under the judge's questioning that he had headaches and throat ailments. The judge noted that migrants with medical issues are exempt from waiting in Mexico and ordered a medical exam.___Associated Press writer Maria Verza in Mexico City contributed to this report. 4614
SAN ANTONIO, Texas -- Francisco is a young entrepreneur who loves working with his hands. His dream is to start his own company, but it never seemed very realistic until now.“I will be attending Texas A&M San Antonio and I will be studying business,” Francisco said.Francisco is a first-generation college student. However, he wasn’t sure college would be in the cards for him since another term to define him is undocumented immigrant.“Sometimes you feel like separated from everybody because they’re like, 'oh you’re an immigrant, you’re not from here.’ So, sometimes it’s harder for you because people categorize you,” Francisco said.He says his parents worked hard to make sure he was taking full advantage of his education."My mom legit, she took English classes just to try to help me with school. So that was a major impact for me and I was so grateful for it.”No matter how hard his parents worked, it was still difficult for his family to navigate the U.S. education system, especially considering the added challenges undocumented students face.“For example when my mom would call counselors and ask questions and stuff like that, sometimes they didn’t give you the right information, or they didn’t give you the full information that you need to know,” Francisco said.Francisco’s situation is nothing new, but a nonprofit is trying to change that. Viridiana Carrizales is the co-founder and CEO of ImmSchools.“ImmSchools was created in response to the lack of support that exists in k-12 for undocumented students and families," Carrizales said. "As co-founders we are all formally undocumented women who experienced and navigated k-12 being undocumented and having undocumented parents.”From following protocol for Immigration and Customs Enforcement, to understanding a student’s right to pursue higher education, Carrizales says they want to make sure teachers and counselors are trained to help their immigrant students.“We’ve heard from many students that are a part of our programs that they’re still hearing from their teachers from their counselor that being undocumented, you really don’t have opportunities to go to college, that being undocumented you don’t have an opportunity to apply for scholarships,” Carrizales said.But really, going to college is possible, even for undocumented students. In fact, Francisco is now attending a four-year university with a full-ride scholarship through TheDream.Us that ImmSchools helped him apply for. Most scholarships require U.S. citizenship, but the TheDream.Us scholarship is offered to dreamers -- the young immigrants granted legal status after being brought to the U.S. as children.“I looked at my email and surprise to me I had gotten the scholarship. Which was amazing. I started crying, because it’s a major opportunity, because it’s a full-ride to a university,” Francisco said.His mother, Manuela, was in shock.“Lorre, lorre, y lo dicimos ‘wow’ ya lograste. Fue algo enorme,” Manuela said. (English translation: We cried and cried and said ‘wow, you did it.’ It was something huge.)Helping parents advocate for their children is another aspect of the nonprofit. Active in Texas, New York, and now New Jersey, Carrizales says the goal is to reach parents and schools across the nation.“We want our families to truly feel free. Because right now the first thought that comes to mind if you’re undocumented is your immigration status,” Carrizales said.Moving forward, Manuela and Francisco feel hopeful about his opportunities. Their suggestion to other families is to never give up.“Puedes alcanzar al cielo, pero sin dejar pisar el suelo porque mientras sepas de donde vienes y a se donde vas, todo va a estar bien contigo," Maneula said. (English translation: You can still reach for the stars without taking your feet off the ground because everything turns out well when you remember where you came from and where you’re going.)“Your education matters, your education is important. No matter your situation, there’s always a possibility for everything,” Francisco said. 4058
SAN DIEGO (CNS) - A bicyclist riding with a group of cyclists was seriously injured Saturday when he was struck by a motorcycle in Pacific Beach, police said.The collision happened at 3:14 p.m. Saturday at the intersection of Ingraham Street and Reed Avenue, according to Officer John Buttle of the San Diego Police Department.A 23-year-old man riding a 2017 Harley Davidson Sportster was southbound in the 4200 block of Ingraham as a group of cyclists were eastbound in the 1500 block of Reed Avenue, Buttle said.The cyclists entered the intersection and the motorcycle struck one of them, a 49-year-old man, the officer said.The motorcyclist suffered road rash to his right leg, Buttle said. The bicyclist suffered a broken left femur and broken ribs. Medics took the cyclist to a hospital.Officers from the SDPD traffic division were investigating the collision, Buttle said.Ingraham was closed in both directions at Thomas and Oliver avenues and was expected to last a couple of hours, the SDPD said. 1012
SAN DIEGO (CNS) -- A 76-year-old woman who died on May 24 is the first local fatality of e-cigarette or vaping-associated lung injury, the San Diego County Health and Human Services Agency announced Thursday.Three vaping-associated lung injuries in young adults were confirmed in recent weeks and are the first reports of the lung illness in San Diego County since 2019.All the newly reported local cases tested negative for the novel coronavirus, which causes COVID-19, and all reported recently vaping products containing THC.The California Department of Public Health recently recognized new reports of confirmed lung-injury cases in persons vaping THC-containing products in April, after no cases had been reported since February.Since July 2019, a total of 52 EVALI cases have been reported in San Diego County residents. All patients had to be hospitalized."While our community is understandably focused on COVID-19, it is important to remember that lung injury from vaping is still a major public health concern," said Dr. Wilma Wooten, county public health officer. "People who vape, especially those using THC-containing products, are urged to stop."In January, the San Diego County Board of Supervisors voted to restrict the sale of flavored smoking products and e-cigarette and vaping devices in the county's unincorporated areas. These restrictions were proposed as a response to the e-cigarette- or vaping-associated lung injury cases in the county and across the country. Enforcement of these restrictions will begin July 1.THC-containing e-cigarette or vaping products, particularly obtained from informal sources, are linked to most e-cigarette or vaping, lung injury cases. Vitamin E acetate has also been strongly linked to the outbreak and has been found in product samples from patients and in patient lung fluid samples.The Centers for Disease Control and Prevention recommends that people not use THC-containing e-cigarettes or vaping products obtained from informal sources such as friends, family, pop-up shops or online sellers. Additionally, the CDC says that youth, young adults and pregnant women should never use e- cigarette or vaping products. 2182
SAN DIEGO (AP) — It was called the "The Sewing Circle," an unlikely name for a secret subsect of Navy SEALs. Its purpose was even more improbable: A chat forum to discuss alleged war crimes they said their chief, a decorated sniper and medic, committed on a recent tour of duty in Iraq.The WhatsApp group would eventually lead to formal allegations that Special Operations Chief Edward Gallagher fatally stabbed a wounded Islamic State captive in his care and shot civilians in Iraq in 2017.Gallagher, 40, has pleaded not guilty to the charges.A jury of mostly combat Marines will ultimately decide the fate of the 19-year-veteran and Bronze Star recipient charged with murder, attempted murder and conduct prejudicial to good order and discipline for posing with the corpse for photographs.No matter the outcome, the court-martial at Naval Base San Diego has provided a rare view into the insular Navy SEAL community and likely will have a long-term impact on one of the military's most secretive and revered forces. It has pitted veterans against each other both inside the courtroom and out in a fierce debate over brotherhood, morality and loyalty."SEALs, it seems to me, have been seeing themselves as God-like on the battlefield, and there is a real danger in taking that view of one's unit or one's self," said Gary Solis, a former military judge and Marine Corps prosecutor who teaches law at Georgetown. "I think this will alert the SEAL community that the rules apply to them."The case has laid bare challenges among U.S. special forces as the United States increasingly relies on such troops, which make up only 2% of the military yet carry out most of its battles around the globe.A number of special forces members are on trial this year. A U.S. Navy SEAL last month pleaded guilty to hazing and assault charges for his role in the 2017 strangulation of a U.S. Army Green Beret in Africa.The scandals have prompted a review by the Navy's top commanders into the behavior of the special warfare teams. During Gallagher's trial, it was revealed that nearly all his platoon members readily posed for photos with the dead militant and watched as Gallagher read his reenlistment oath near the body in an impromptu ceremony.Lt. Jacob Portier, the officer in charge, has been charged separately for overseeing the ceremony and not reporting the alleged stabbing.The trial also has shown the struggles of military courts in prosecuting alleged war crimes. The lead prosecutor was removed after allegedly tracking the defense team's emails to find a news leak, and the lead investigator acknowledged on the stand making mistakes.Closing arguments are expected Monday. A jury of five Marines and two sailors, one a SEAL, will weigh whether Gallagher, on his eighth deployment, went off the rails and fatally stabbed the war prisoner as a kind of trophy kill, or if the boy died from wounds sustained in an airstrike and Gallagher is being falsely accused by junior SEALs trying to permanently oust a platoon chief they hate.Nearly a dozen SEALs have testified over the past two weeks. Most were granted immunity to protect them from being prosecuted for acts they described on the stand.Seven SEALs said Gallagher unexpectedly stabbed the prisoner on May 3, 2017, moments after he and the other medics treated the 17-year-old boy.Two SEALs testified they saw Gallagher plunge his knife into his neck, including Special Operator Corey Scott, who stunned the court when he said he was the one who ultimately killed the teen by plugging his breathing tube with his thumb as an act of mercy. The Navy has said it's considering perjury charges against Scott.An Iraqi general who handed the wounded prisoner to the SEALs testified that Gallagher did not stab the boy. And Marine Staff Sgt. Giorgio Kirylo said after the militant died that he moved the body to take a "cool guy trophy" photo with it and saw no stab wounds on his neck.Gallagher also took photos of himself with the corpse. In one picture, he's holding up his knife in one hand and holding the militant by his hair with his other hand. He later boasted in a text, "got him with my hunting knife." Defense lawyers say it was just a warrior's attempt at dark humor."The Sewing Circle," the WhatsApp group chat, formed with a select few members of Alpha platoon after they returned to San Diego from their deployment in 2017.In the thread, Gallagher was referred to as "El Diablo," Spanish for "the devil.""Not sure how to handle him," Scott texted. "But he is ready to fight and kill."Gallagher's lawyers say the group chat was used to orchestrate a smear campaign to bring down their demanding platoon chief. A SEAL troop commander told the court that the allegations, which he took no action on for months, were suspect because they came about as Gallagher was being considered for a Silver Star and a promotion. Platoon members testified that the team was fractured, and the running joke was that if something was missing from a care package, Eddie took it.But his accusers said it went beyond the theft of sunglasses and snacks. "The Sewing Circle" members tried to distinguish themselves as the "True Brotherhood" vs. the "Real Brotherhood," which supporters of Gallagher have coined for themselves."The Real Brotherhood is people who are OK with war crimes," said Dylan Dille, a former SEAL sniper from the platoon who testified that Gallagher took shots at civilians from the sniper tower, hitting an old man and young girl. He did not see him pull the trigger either time.Defense attorney Timothy Parlatore shot back that maybe the Real Brotherhood "are older guys who don't like you and other SEALs who tell lies."Special Operations Chief Craig Miller, who was also part of "The Sewing Circle," testified that he saw Gallagher stab the captive multiple times with a custom-made knife Gallagher would carry in the belt loops of his pants. Miller said he told the platoon's officer in charge about the stabbing during their tour but that nothing happened.SEAL sniper Dalton Tolbert told the court he did not recall who started the chat group but that the intent was to talk with others who were disturbed by what they saw on the deployment and decide what to do."I shot more warning shots to save civilians from Eddie than I ever did at ISIS. I see an issue with that," Tolbert texted others.After plans were discussed about going to the commodore, an investigation was opened and Gallagher was arrested.Weeks before the trial, Tolbert, who was accepted to the famed SEAL Team 6 that killed Osama bin Laden, sent a text urging his teammates to speak up no matter what was at stake.He told the court his dream of doing covert operations with Team 6 is likely over now that he's been publicly identified in the case. 6790