UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT … · 1 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA JENNY LISETTE FLORES, et. al., ) Case No.: CV 85-4544-DMG

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UNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIA

JENNY LISETTE FLORES, et. al., ) Case No.: CV 85-4544-DMG)

Plaintiffs, ))

v. ))

WILLIAM BARR, Attorney General of the )United States, et al., )

)Defendants. )

)

DECLARATION OF DAWNISHA HELLAND

I, Dawnisha Helland, hereby make the following declaration with respect to the above-

captioned matter:

1. I am a Supervisory Deportation and Detention Officer (SDDO) acting as a National

Juvenile Coordinator in the Juvenile and Family Residential Management Unit (JFRMU),

at the Office of Enforcement and Removal Operations (ERO) of U.S. Immigration and

Customs Enforcement (ICE) located in Washington, DC. I began my tenure with the DHS

in 2008, with the United States Border Patrol (USBP) as a Border Patrol Agent within the

El Centro sector. Currently, I am the Section Chief for JFRMU. As part of my

responsibilities, I advise National Juvenile Coordinators and Field Office Juvenile

Coordinators (FOJC) who are subject matter experts on the field for juvenile and family

detention issues. In addition, I review all detention requests for minors who are not

unaccompanied alien children to determine if detention is appropriate.

2. I am familiar with A.F.P.P.’s case as I have reviewed information available on electronic

databases, available documents and have discussed this case with the local FOJC.

Case 2:85-cv-04544-DMG-AGR Document 841-1 Filed 07/06/20 Page 1 of 76 Page ID #:38701

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3. A.F.P.P. was originally encountered at the border on December 17, 2016, as an

unaccompanied alien child and taken into the custody of the Department of Health and

Human Services (HHS), Office of Refugee Resettlement (ORR). He was released to his

mother on December 29, 2016. See Ex. 1, DHS Evidence For Bond Redetermination,

pages 57-61, and 56.

4. On September 21, 2019, A.F.P.P. was arrested by ERO at a home in Maryland. He was

not the target of the ERO operation, but he was a minor present without a parent or legal

guardian. He was living in a house with two other unrelated adult males. ERO officers

observed he had what appeared to be a gang related tattoo on his neck. Ex. 2, page 4.

When ERO officers accompanied him to get his identity documents, he attempted to grab

a nine-inch knife from a closet. Officers were able to get him away from the knife before

he grabbed it. Ex. 1. at 9-16.

5. Upon arrest, he was served with a Form I-286 which indicates he can ask for a bond

hearing. He signed the Form I-213 and list of free legal services. Ex. 2, pages 2-3, 5.

6. Because he was a member of the Saravia class, he received a custody hearing on

September 26, 2019. Prior to that hearing, ICE served his counsel with a packet of

evidence which included the Form I-213.). The immigration judge found that detention

was appropriate because A.F.P.P. was a danger to the public and himself. Ex. 1, page 1.

7. As part of docket management, the FOJC reviews any new developments to determine,

among other things, if detention is still appropriate. As part of this determination, the

FOJC considers developments in the immigration case, any disciplinary reports and

information received from the minor or counsel.


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8. In this case, there have been no developments that demonstrate A.F.P.P. has ceased to be

a danger or possible flight risk. On October 17, 2019, he was disciplined for tagging a

wall at the detention facility with an “MS-13” gang sign. Ex. 1, pages 21-23. On January

4, 2020, he received another disciplinary infraction for attacking an individual at Cowlitz.

Ex. 1, pages 17-20. On January 29, 2020, the United States Citizenship and Immigration

Service denied his request for relief. Ex. 1, pages 31-33.

9. On April 14, 2020, A.F.P.P.’s counsel of record submitted a written request for release to

the FOJC. This request was promptly evaluated by the local office, who determined that

A.F.P.P. remained a danger to the community and flight risk based on the information

noted above. JFRMU concurred with this assessment.

10. A.F.P.P. requested a bond redetermination hearing and was scheduled to receive one on

June 29, 2020. He requested a continuance of this hearing and it’s currently scheduled for

July 9, 2020.

11. Upon turning 18 years old, A.F.P.P. can no longer be held at Cowlitz County Juvenile

Detention Center, as that facility only houses minors.

This declaration is based upon my personal and professional knowledge, information obtained

from other individuals employed by ICE, and information obtained from various records and

systems maintained by DHS. I provide this declaration based on the best of my knowledge,

information, belief, and reasonable inquiry for the above-captioned case.

Signed on this ___nd day of July 2020.2


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____________________________

Dawnisha HellandNational Juvenile CoordinatorICE Enforcement and Removal Operations


EXHIBIT 1


Exhibit 1 Case 2:85-cv-04544-DMG-AGR Document 841-1 Filed 07/06/20 Page 6 of 76 Page ID #:38706

































































EXHIBIT 2


000001

Exhibit 2Case 2:85-cv-04544-DMG-AGR Document 841-1 Filed 07/06/20 Page 72 of 76 Page ID #:38772

000002


000003


000004


000005


Documents

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT … · 1 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA JENNY LISETTE FLORES, et. al., ) Case No.: CV 85-4544-DMG