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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 DIEGO (AP) — The Navy dismissed charges Thursday against an officer who had been accused of not reporting war crimes by a Navy SEAL later acquitted of murder in a high-profile case that got the president's attention.The action by the chief of naval operations in the case of Lt. Jacob Portier is the latest blow to military prosecutors and comes a month after a military jury cleared Special Operations Chief Edward Gallagher of murder and attempted murder charges.Adm. John Richardson also ordered an investigation into the performance of the Navy's justice system.Portier faced charges of dereliction of duty, destruction of evidence and holding Gallagher's re-enlistment ceremony next to the corpse of a teen Islamic State militant the decorated SEAL was accused of stabbing to death after treating the boy's wounds.Gallagher was convicted of a single charge of posing for photos with the 17-year-old militant's corpse. He was sentenced to the maximum penalty of four months but will serve no jail time because it is less than his pre-trial confinement.The move by the admiral comes a day after President Donald Trump ordered the secretary of the Navy on Wednesday to strip prosecutors of medals they were awarded for their handling of the case despite the fact Gallagher was acquitted on the most serious charges.A prosecutor who had been removed from the case before trial — and not given a medal — was admonished for taking part in an effort that used software to track emails sent to the defense team that a judge said violated Gallagher's constitutional rights.The email tracking was meant to ferret out the source of leaks to the news media that plagued the case but the Navy said it never found the leak. 1726
SAN DIEGO (CNS) - A 58-year-old man was killed this morning when his SUV crashed into a tree in Mira Mesa and he was thrown from the vehicle.The man was driving his white Cadillac SUV westbound in the No. 2 lane of Mira Mesa Boulevard at 1:10 a.m. After passing through the intersection at Camino Ruiz, he made an unsafe movement to the left, causing the SUV to jump the center island and strike a large pine tree, ejecting the driver, who died at the scene, according to Officer Robert Heims of the San Diego Police Department.It was unknown whether alcohol or drugs were factors in the crash, Heims said.The name of the victim was not disclosed. 655
SAN DIEGO (AP) -- Smoke from the fire that ravaged a Navy warship in San Diego Bay contained elevated levels of toxins, but air-quality authorities say area residents have little to fear.The San Diego Union-Tribune says the local Air Pollution Control District found smoke from the USS Bonhomme Richard contained a dozen potentially harmful substances but they were at levels for which there are no known great health risks.The district issued the Navy a notice of violation for creating a public nuisance and contaminating the air.The Navy has yet to say whether the vessel will be repaired. 600
SAN DIEGO (AP) — A judge in San Diego ruled Thursday in favor of media outlets and ordered the unsealing of 17 search warrants containing details about a synagogue shooting in a San Diego suburb that killed one worshipper and injured three others, including the rabbi.Superior Court Presiding Judge Peter Deddeh said he will review the documents with prosecutors and redact the names of witnesses and investigators before releasing them next week.Deddeh said he saw no legal reason why the warrants should remain sealed. There were no objections by prosecutors or defense attorneys.Law enforcement obtained warrants to search the car, home and locations visited by suspect John T. Earnest.Police say the 19-year-old nursing student opened fire at Chabad of Poway on April 27 during a Passover service. He has pleaded not guilty to murder and attempted murder charges.Prosecutors have said the gunman fired at least eight rounds before he fumbled with his semiautomatic rifle and fled with 50 unused bullets.The search warrants could help answer questions including whether the suspect got a hunting license to be able to legally purchase the weapon since he is under 21.Lawyers representing the media outlets, including The Associated Press, have argued the documents should have been unsealed 10 days after investigators filed them in court.Other media involved in the request are San Diego outlets NBC 7, KFMB News 8, Fox 5 San Diego, and the San Diego Union-Tribune.Attorney Elizabeth Baldridge, representing the media, said unsealing the documents is important to ensure oversight of the judicial proceedings, especially in high-profile cases such as the synagogue shooting.She wrote in court filings that mass shootings and attacks motivated by religion and race have become common in the U.S., and the "public has a substantial interest in understanding the motivations behind these crimes and obtaining transparency in the process of bringing alleged perpetrators to justice."She added that unsealing the documents will also be "therapeutic" for families and the community. 2088