3_9_1987 Deposition of Juan Francisco Garcia Perez

® a 1 \ . 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS 2 BROWNSVILLE DIVISION 3 JOSE RUDOLFO ALVARADO GUEVARA, ) LUIS MIGUEL DOMINGUEZ MENDOTA, | 4 | ELIDIO ESCOBAR: } \ JOSE DENNIS FLORES MEDRANO, ) 5 JUAN FRANCISCO GARCIA PEREZ, ) CARLOS EDUARDO GONZALEZ CRUZ, ) 6 | VIRGILIO TAPIA RODAS: ) HENRY VASQUEZ CRUZ, ) 7 | ENCARNACION CALDERON vALDIZON, | CARLOS HUMBERTO COMPOS ORTIZ, | ' 8 HECTOR NAJARCO ALAS, ) CRISTOBAL OSORIO MACHADO, ) 9 EDWIN PEREZ VALLE, } J0SE DANIEL SULLIVAN LoPEZ, ) 10 JOSE VERGARA HERNANDEZ, and ) LUIS ARTURO ZELAYA MARTINEZ, ) 1 Plaintiffs, ) ) 12 | vs. ) cIviL action wo. ) B-86-106 13 | IMMIGRATION AND NATURALIZATION | SERVICE, ) 14 ) PORT ISABEL SERVICE PROCESSING ) 15 CENTER, ) - ) 16 | JouN LUVENDER, individually and as Director of the Port ) 17 Isabel Service Processing ) Center, ) 18 ) OMAR SEWELL, individually and ) - 19 as District Director of the ) Defendant INS, ) 20 ) EDWIN WEESE, individually and 21 [as Attorney General of the ) United States, ) 22 Defendants. ) 2B fee aaa 24 DEPOSITION OF JUAN FRANCISCO GARCIA PEREZ i BW | -~sswsssrnrwrsrmrucwaw SRIANT, STINGLEY 5 ASSOCIATES SIS ELE  7 /  2 1 APREARANCES: 2 ws. rowsws sonss s lg ETRE Liverta ‘ fo 5° Sickesn anlisenichii, sesso . covat Fo Baswrares . we. sEawTEE wERCADO ; eT ea tiger attorney SIE i ma . Soh Tea ian Ea » Ernie iil roxas rusao | Sounsit ron esunoants 1 u ago PRESENT: wr. Fert Larsen 5: E000 satermmeter 12 1 u tener —— " OT wspuptom = = = = = = 2 li SM NtIIIIIIIIIIINE A 16 FURTHER BAWINATIONS w oie LN PR EIS iaantrs BxRIBLL Ho. 1 = = = = = Fage 20 20 i" 2 23 2 2 eran, TINLEY & avsociATES EE  3 ( 1 Deposition and answers of JUAN FRANCISCO 2 GARCIA PEREZ, who resides in Siler City, North 3 carolina, taken herein by counsel for the 4 Defendants, before GERRI C. BARKER, a Certified 5 Shorthand Reporter and Notary Public in and for the 6 State of Texas, on the 9th day of March, 1987, 7 between the hours of 10:35 a.m. and 11:25 a.m., in 8 the U.S. Attorney's office, 10th & Elizabeth 9 Streets, Brownsville, Texas, pursuant to the Texas 10 Rules of Civil Procedure. 11 The parties agree that no objections need be 12 made by any party at the time of taking said 13 deposition except objections as to the form of the 14 question or the responsiveness of the answer. 15 The parties further agree that when the 16 deposition has been transcribed, it shall be 17 delivered to the witness, or his attorney of record, 18 to be by the witness read and signed before any 19 Notary Public or official authorized to administer 20 oaths, and thereafter filed of record. However, if 21 the deposition has not been signed and filed of 22 record by the time of trial or any hearing of this 23 cause, a copy may be offered in evidence upon such 24 trial or hearing as though the deposition had been { 25 signed. BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  2 L . 1 JUAN FRANCISCO GARCIA PEREZ, 2 having been duly sworn to tell the truth, was 3 called as a witness, and testified as follows: a E-X-A-M-I-N-A-T-1-0-N 5 QUESTIONS BY MS. MERCADO: 6 Q Good morning, Mr. Garcia. I'm Jeanette Mercado 7 and I am the attorney for those that you have 8 sued in this case, and that would be the 9 Immigration and Naturalization Service, John 10 Luvender, Omar Sewell and Edwin Meese. I'm 11 going to be asking you some questions ( 12 concerning this lawsuit, and after I am . 13 through, your attorneys may or may not also ask 14 you questions. 15 Mr. Garcia, have you ever been deposed 16 before? 17 A What type? 18 Q Either in a courtroom or in a situation such as 19 this, then? 20 2 No, this is the first time. 21 Q@ First, I'd like you to understand, as you 22 notice, you did take an oath which means that 23 you will be answering truthfully to every 24 question you are asked as if you were in the { 25 courtroom, and there is a court reporter here BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  «oe 5 ( . 1 preserving that testimony that you are giving 2 here today. 3 1 will ask you that whenever you do answer 4 a question, particularly a "yes" or "no" 5 question, that you answer with the words "yes" 6 or "no" rather than shake your head. The 7 reason for that is, as I point out, the court 8 reporter is here and she needs to take down a 9 word -- a response from you, rather than just 10 have you shake your head. 11 A All right. 2 |o ana you appear to be doing a good job of this, 13 but also just in case, let me remind you that 14 it's important that you wait until the 15 interpreter has totally finished the question 16 that she's asked before you start to respond so 17 that the court reporter can take down one 18 person at a time. Okay? 19 | a al rignt. 20 | @ Also 1 will ask you if you do have any 21 questions at any point throughout the 22 deposition, please ask them then rather than 23 waiting till later on. 24 A All right. 25 | Q@ Do you have any questions at this time? BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  6 ¢ 1 A No. I understand. 2 ° Sir, would you please give your full name? 3 A My name is Juan Francisco Garcia Perez. 4 Q What is your present address? 5 A 207 East Dolphin Street. 6 Q That's 2072 7 a 207. 8 ° And Dolphin, would you spell that? 9 A D-o-1-p-h-i-n. 10 Q Ana where is this? 11 a North Carolina, Siler City, North Carolina. f 12 Q Would you spell Siler? 13 MS. JONES: Excuse me. Could we go off 14 the record a minute? 15 (0ff-the-record discussion.) 16 THE WITNESS: S-i-l-e-T. 17 Q (By Ms. Mercado) Siler City where? I didn't 18 hear the state. I'm sorry. 19 A North Carolina. 20 Q And what is your zip code? 21 a 27344. 22 Q 207 East Dolphin, is that an apartment or a 23 house? 24 a Apartment. ( 25 Q@ And what letter or number apartment is that? BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  7 C @ . 1 A It's just got that murber, 207, is the name of 2 the apartment. 3 ° How about the address of the apartment 4 complex? 5 A It's that there is only two apartments there. © @ okay. Sir, are you presently employed? 7 A ves. 8 @ And where do you work? 9 A In a production plant in the same city. 10 @ What factory is that? 11 A The name, you want? ( 12 Q Yes, sir. . 13 A 1 don't know how to spell but it's Highlee 14 People. 15 @ mighlee? 16 A ves. 17 @ What do you do there? 18 A 1 bring materials trom the offices, because I 19 have 16 machines. That's all I do. 20 Q What kind of materials? 21 A To manufacture threads. 22 Q And you said it was in the same city; is that 23 correct? 24 A ves. 25 © What street is Highlee on? BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  8 ( 1 | A In sharon Avenue. I cannot spell that. 2 |o sharon? 3 [a sharon. 4 |o Ana now many hours do you work, sir? 5 | a Forty per week. 6 | ana wnat ss your salary? 7 | a 1 make 5.29 per hour. 6 | 0 Ana how many hours -- you indicated 40 hours a 9 week you work? I'm sorry. 10 [A Per week, yes. 11 | @ What is your present resident status? 12 | a Under bond and under application for political 13 asylum. 16 |@ @hat country are you from? 15 [a El salvador. } 16 | @ sir, what is your A-number? 17 | A I have it mere. It's A-2761228333. You cannot 18 see it very clearly. 1 THE INTERPRETER: I'm going to have to 20 repeat it because there is an extra number 21 here. 22 MS. MERCADO: Yeah. 23 THE INTERPRETER: A-276128333. 24 MS. JONES: There is one or two extra 25 numbers there. | | BRYANT, STINGLEY & ASSOCIATES } (512) 428-0755 !  9 ( . 2 1 MS. MERCADO: Pardon me? 2 MS. JONES: There is one or two extra 3 numbers. 4 MS. MERCADO: Yeah. 5 THE INTERPRETER: It's handwritten. 6 Q (By Ms. Mercado) Sir, do you have anything else 7 that shows what your -- 8 A No, only this one. 9 Q Are you married, sir? 10 A No. 1 ° Have you been? f 12 A No. 13 Q And how old are you? | 14 A Nineteen. 15 Q What is your date of birth? 16 A May 11th, 1967. 17 Q Sir, what are your parents’ names? 18 A Juan Francisco Garcia and Soila Perez. 19 Q sir, how long have you been in the United 20 States? 21 A Almost one year. 22 Q When did you first arrive? 23 A In November. I don't know the exact date. 24 Q Are you speaking about November, 1986? £ 25 a No, ‘85. BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  10 { 1 Q So you've been here about a year and a half, 2 then; is that right? 3 a I don't remember very well because when I came 4 out of the center -- 5 THE INTERPRETER: Corralon that he's 6 Teterring to. 7 A I came into the center in November of '85 and I 8 came out in March of '86. 9 2 And November is the first time you were in the 10 United States, November of '852 11 a Yes. 12 lo Sir, what is the highest level of education or 13 schooling that you obtained? 18 A High school. 15 ° And what grade within high school? 16 a I finished it. 17 2 I guess you finished it in El Salvador; is that 18 correct? 19 A No, in Mexico. 20 Q Do you also read and write the Spanish 21 language? 22 a Yes. 23 2 And can you tell us how proficient you are in 24 English? 25 A Regular about 80 percent. BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  Li 11 ( 1 Q Eighty percent what, understand, speak, read, 2 or write? 3 A I read, write, and speak. 3 ° You indicated earlier that you arrived in the 5 States in November of '85 but you don't recall 6 what date; is that accurate? 7 a When I came into the United States? 8 Q Yes, sir. 9 A If I remember, it was the 15th of November, but 10 I'm not very sure. 11 ° In relation to the day that you arrived into ¢ 12 the United States, when did you go to the 13 detention center? 14 A That same day. 15 ° And why were you taken there? 16 A Because of being illegal. 17 Q You also indicated that you left the detention 18 center March of '86. Am I to assume you don't 19 know what day of March you left? 20 A I don't remember. 21 Q Do you have any records or anything that you 22 wrote to tell you from what date you started -- 23 from what day you entered the detention center 24 and what day you left? £ 25 a No. BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  to 12 C # . 1 Q And I don't mean just something indicating that 2 information with you on your person now, but 3 even at home or wherever, do you have anything 4 indicating that? 5 a No. 6 Q Did you perform any sort of work or services at 7 the detention center? 8 A Work. 9 Q What did you do? 10 A 1 would clean the buildings. 11 Q How? i 12 A In the inside. . 13 Q So are you referring to sweeping and mopping or 14 something more or less? 15 A Sweeping and mopping. 16 Q When did you start doing that? 17 A December 5th, 1985, December 5th. 18 ? Until when? 19 A I'm not sure because I don't remember very 20 well, but it was until December 28, and after 21 that I started again in January but I don't 22 remember on what date. 23 Q What happened December 28th that you stopped? 24 A Because a relative of mine died in El Salvador 25 and 1 didn't feel well. BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  13 C 1 ° But you stayed at the center? 2 A Yes. 3 2 Who died? 4 A A sister. 8 2 And you said you resumed in January but you 6 have no idea when? 7 A No. 8 2 And then how long were you working -- and I'm 9 assuming also doing the same thing, sweeping 10 and mopping this time? 11 A Yes, the same work. f 12 ° How long? 13 A Until I left the center. 14 ° And that would have been in March, right? 15 a March, yes. 16 2 How is it that you came to do this work of 17 sweeping and mopping at the center? 18 A Why? 19 ° How did you hear about it? 20 A Through the loud speaker. 21 2 And what was stated on the loud speaker? 22 a That anybody who wished to work, they had 23 work. 28 2 And when did you hear that? i 25 a on the first day that I arrived to the center. BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  10 { . &® 1 |e ana did you volunteer immediately? 2 [a ves. 3 |e so you would nave begun in November? « |» 1 wovember. 5 |@ when you first heard this information over the . loud speaker, what did you do, then, in ? reference to what you had heard? 8 | A 1 went to talk to an immigration officer 5 wearing green and I told him I wanted to work 10 because I needed to. 11 [a bid you know that you would get paid $1 a day ‘ 12 at that time? 13 [a ves, 1 knew. 16 | @ bid you do any other work other than what 15 you've already indicated you did? 16 | A For that same dollar, we used to work in other 1 works. 18 |e such as? 19 | A Clean the windows, take the clothing to the 20 laundry room. That's all. 21 |@ And there were some people who didn't do any of 22 this work, right? You only did it if you 23 uanted to; is that correct? 240 [a Yes. ( 25 | 0 How many hours a day were you cleaning and BRYANT, STINGLEY & ASSOCIATES (312) 128-0755  15 ~ : 1 mopping, et cetera? 2 [A Most of the time we work three hours Monday 3 through Fridays, and Saturdays and Sundays we . worked more hours for that same dollar. 5 | 0 And when you say "more hours,” can you be a bit 6 more specific? 7 [A Tuo more hours. 8 |o so tor example, if you worked three hours a day 5 Monday through Friday, you worked five hours a 10 day on Saturday and Sunday each? 11 | 2 Most of the time. / 12 | Were you paid on a daily basis, sir? 13 [2 we. 18 |o How were you paid? 15 | A many times they would leave three days without 16 pay, and when they did come to pay, they would 17 pay us $1 only. 16 | 0 So you're saying that at the end of three days, 19 you should have gotten $3 and you only got $12 20 [a ves. 21 [0 Dia you sign anything every time you got paid? 22 | A sometimes. 23 | 0 Do you know why only sometimes? 24 A No. 25 | @ mut when you did sign, you got paid; is that BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  vo 16 1 right? 2 [a ves. 3 | @ pid you take any breaks during the time that [ you were doing these different jobs? 5 [a Ne. 6 |@ so if Monday through Friday you worked about 7 three hours, would you say they were three 8 hours in the morning or three hours in the 9 afternoon or three hours at night? 10 | A During the day. We used to work one hour and a 11 half in the mornings and one hour and a half in ‘ 12 the afternoons. 13 | 0 Do you know if only the people who were doing 14 What you were doing worked those hours or 15 everyone that volunteered for that work worked 16 about three hours a day? 17 A Only the group where I was working. 18 | @ There were lunch breaks during the time that 19 the people were working at the detention 20 center, were there not? 21 [A ves. 22 | @ And would that be about an hour or would it be 23 more or less? 28 | A Less. { 25 | How much time? BRYANT, STINGLEY & ASSOCIATES (512) 428-0755  “oo 17 ‘ the 1 A It might have been 30 minutes. 2 Q You don't know? 3 {a we. 4 |e so it could have been more? It could have been 5 less; you just don't know? 6 |» mo, 1 don't know. 7 | a Now, you've filed a lawsuit against the people ® that I indicated that I represent; is that 5 correct? to [a ves. 11 |e why aid you file such a lawsuit? / 12 | A Because I knew there existed a minimum .\lary 13 in this country. 14 |@ Do you understand that a minimus salary exists 15 When there is an employee/employer 16 relationship? oa ves. 16 |g How do you contend you were an employee of the 19 Ins. 20 | a Because 1 workea. 21 | You were being detained at this detention 22 center, were you not? 23 [A 1 knew that. 20 |g Because you had entered the country illegally; { 25 is that correct? BRYANT, STINGLEY & ASSOCIATES (512) 128-0755  oo. 18 1 a Yes. 2 Q And you were getting your daily necessities of 3 living, were you not? 4 a ves. 5 Q And you didn't have to pertorm any services in © order to get that; is that correct? 7 A Yes. 8 ° And when you first began sweeping and mopping 9 and all that, you did know already that you 10 would be paid $1 a day; is that right? 1 A Yes. 12 ° Had you been working in your country prior to 13 coming here? 14 A No. 15 |e Had you ever worked? _ 16 A ves. 17 Q How long before coming here? 18 a one year. 19 Q So for an entire year, you had not worked? 20 A No, I was studying. 21 Q@ When you arrived, you were, what, about 22 seventeen? 23 A More or less. 24 ° What sort of work did you do before? 25 A In a bus company. 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