As of the end of February 1981. 10 male witnesses have participated in this program. The Departments efforts to ensure the humane treatment of alien material witnesses parallel successful efforts to obtain Judicial rulings narrowing the application of the MendezRodriguez decision. thereby reducing the number of material witnesses who must be detained. The Government can now proceed immediately with deportation of aliens where the defendant has executed a waiver of his right to call the aliens as witnesses (United States v. LujanCastro. 602 F.2d 877 (9th Cir. 1979)) or where the aliens could not reasonably be deemed to be material to the case (United States v. Gonzales. 617 F.2d 1358 (9th Cir. 1980)). I believe that the Department has exhibited sensitivity to the liberties of alien witnesses and their families in discharging its legal obligations to the accused and in the enforcement of the immigration laws. Please advise me if you desire further assistance in this matter. I might add that I do not consider the world "held" in the bill to encompass the expeditious processing of material witnesses in a correctional facility.
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