what happens if you are detained in mexico

Your email address will not be published. The competent authority may arrest a person by means of an arrest (or re-arrest) warrant, on an urgent case, by being caught in the act of committing a crime or immediately after committing a crime, regardless of whether the crime deserves pre-trial detention or not, or whether the Ministerio Pblico requests so or not. (February 2021) Mexico has one of the largest immigration detention systems in the world, employing several dozen detention centreseuphemistically called estaciones migratoriasand detaining tens of thousands of people every year. See the Angloinfo Business Directory for Lawyers, Law Firms, Attorneys & Legal Advice in Mexico City. If the alleged detainee cannot be located in the U.S. and the family has reason to believe that the person did, in fact, travel to Mexico, contact the U.S. Embassy or nearest U.S. Consulate for assistance in determining if they have been detained by authorities. Ifthe driver of a car suspects they have been unfairly pulled over by police, Auto Chilango (in Spanish) is a smartphone app that provides information for road users in Mexico City. The skills of Spanish-English interpreters can vary greatly, and skilled Spanish-French interpreters are not as easily available. Mexico recently completed a comprehensive reform of its judicial system across all Mexican states with the adoption of the adversarial system in place of the inquisitorial system. This meansa trial now has a prosecutor, a defence attorneyand a neutral judge. Be polite, resist the urge to make jokes (even if the officer is friendly), and maintain eye contact with the officer when answering questions. Key among the substantial changes are the presumption of innocence, due process as well as new trial procedures. Follow her on Twitter@jamieditaranto. When the maximum possible sentence is more than two years, the judge has up to one year to reach a verdict. Likewise, delays can occur when witnesses do not appear after being subpoenaed. Under the new Mexican criminal system, pre-trial detention is an exception. CBP officials are not legally permitted to stop or detain anyone due to their race, religion, national origin, ethnicity, gender, or political beliefs, but keep in mind they do have the right to refuse you entry into the U.S. if you are not a citizen and decline their line of questioning. Alcohol and Drugs. (Solution found). Sure. If you arrested in Mexico, you will need an attorney from the local jurisdiction. They cannot, however, recommend specific lawyers. Please ask the local authorities to notify the U.S. Embassy or nearest consulate immediately. Official websites use .gov A .gov website belongs to an official government organization in the United States. Its worth noting that these were airline officials, not Customs and Border Protection officers. Its not only what you say, but how you say it that counts. Disturbing the peace or being a public nuisance. What Happens When A Person Is Deported? - PopularResistance.Org It happens several times a year, maybe more often. Mexican prosecutor issues arrest warrant in death of American woman If the plane leaves without you, you will have to work it out with an airline agent who can evaluate your situation and help you get where you need to go. If you break local laws in Mexico, your U.S. citizenship will not help you avoid arrest or prosecution. Heres How to Check, Where Its Safe to Travel in the Middle East, What You Need to Know About Your Rights As a Hotel Guest, 6 Beautiful Caribbean Beaches (And Where to Stay Nearby! Criminal charges (including outstanding traffic tickets! If you wish to remain on travel.state.gov, click the "cancel" message. The Carry-On from Away makes traveling that much easier, especially with its removable, TSA-approved battery for your electronics. The Perfect Carry-On for Your Travels: The Carry-On from Away, Could Your Hotel Room Be Bugged? Between the anxiety of not knowing whats going on and the pressure to make it to your flight on time, its natural to feel nervous even when you have nothing to hide. The short answer is - no, they're not. It should also be read in conjunction with the brochure A Guide for Canadians Imprisoned Abroad. If they come through El Chaparral to the PedWest side of the port at San Ysidro, they are stopped . Officers can easily leverage your limited time or be more intrusive while searching through your bags. Mexico's no-tolerance law on crossing the border with a gun Being responsible for an auto accident/injuring an individual. If you have been injured in a motorcycle accident, call Elk Grove Motorcycle Accident Lawyers. Yes, you read that right. OK, so you wont be arrested for it, but youll definitely get some funny looks if you try and use one of these banned baby names in Sonora. 149. If you are detained at a UK airport on arrival from the United States, our lawyers can help you. Migrants can ask for asylum at any port of entry along the U.S. border. The short answer is yes, CBP officers can confiscate your electronic devices to conduct an examination. State offenses include murder, attempted murder and theft. Furthermore, you are going to want someone who is going to understand the particulars of where you happen to be incarcerated. However, this is a belief that mainly stems from having visited heavily frequented tourist zones, where strolling down the street with a frosty Corona in hand will likely not even provoke the batting of an eyelid. . I never got engaged since Andrew, said Amira. The following is a short list of some of the crimes you can be arrested for in Mexico: If you are arrested for any of these crimes (or anything else) in Mexico, you can expect a visit from the U.S. consulate within twenty-four hours. For example, please note that in Mexico there is no jury system. Pinsker adds, There are a number of rules and protections about how long you can be detained, but the general rule is that after a brief detention, if the authorities do not have probable cause of a crime, they must let you go. If youre a man in Mexico, it technically remains illegal to wear anything but trousers according to one antiquated law. While it is illegal for a law enforcement officer to detain you or search your belongings based on your race, national origin, religion, sex, or ethnicity, Customs and Border Protection agents are allowed to do so based on your citizenship or travel plans. That said, if you are transiting through the U.S. and miss your connecting flight, you should contact the airline and rebook your flight once you are released from custody. We provide some information for each country on our. Please consult the Consular Services Privacy Notice Statement for more details. When travelling in any foreign country use common sense, and you will avoid problems. Such illegal entry is a misdemeanor and, if repeated after being deported, becomes punishable as a felony. If you are arrested and detained, it is important that you keep calm, and remember the following things: You have the right to remain silent. This page provides information on laws that cover the detention and removal of immigrants. A Mexico win would obviously be the best-case scenario for them. Since June 2016the system has changes and cases are nowtried in open court. ", Travel Motto: "You have to get the hard places out of the way first. users exercise due diligence in ensuring the accuracy of the materials reproduced; Global Affairs Canada be identified as the source department; and, the reproduction not be represented as an official version of the materials reproduced, nor as having been made in affiliation with or with the endorsement of Global Affairs Canada.. However, citizens of Mexican origin are considered to be Mexican citizens under the judicial system. The CBP also has authority to search handheld devices and laptops belonging to U.S. citizens, lawful permanent residents (green card holders), and travelers with visas or those entering on ESTA, says Cohen. Drunk driving/driving under the influence of narcotics. It is also imperative to understand that it is in your best interests to hire a Mexican attorney, not a Mendocino Car Accident Lawyer. At any point during the trial, your lawyer may propose filing an amparo if he or she considers that your rights are not being respected. This can be most easily accomplished by presenting to the visiting consular officer or having relatives send the Consulate a certified copy of a U.S. birth certificate and original identification, or U.S. passport, certificate of U.S. citizenship or U.S. Naturalization certificate. 23. r/LigaMX. If you are arrested in Mexico, the Judicial Police will hold you for 48 hours after which they must present their evidence to a Judge. Many times, people were actually free to leave, but misunderstood the situation, says Pinsker. Before the trial begins, the intermediate (preparatory) phase of the Oral Proceeding is initiated. File charges in writing containing accurate data set forth by the law. Make sure to get the persons name, agency, badge or patrol car number, as well as place and time of the incident and report it immediately to our Tourist Assistance Hotline 078. Save my name, email, and website in this browser for the next time I comment. How To Get To Taxco From Mexico City? If you feel that any public official or law enforcement authority has mistreated you, you can file a complaint. For further information on transfer requests, please consult the brochure A Guide for Canadians Imprisoned Abroad. You want to understand everything you are going to be able to do. "I feel so good . What to Do if You Get Detained at the Airport - SmarterTravel In a situation like this, the last thing you want to do is panic. Who Fly To Mexico City From Lax? In many cases, an individual incarcerated in Mexico will be responsible for purchasing many of the supplies and other essentials that are generally given to prisoners in the United States as a matter of course. Mexican criminal law is applicable to both citizens of Mexico and foreigners who commit crimes within the territory of Mexico. You can find more information about Immigration and Customs Enforcement (ICE ) detainees on their website, or you can contact that local ICE Enforcement and Removal Operations office near you, Haddad recommends. If for some reason you get arrested in Mexico and you end up in jail in Mexico. However, there are plenty of weird and lesser-known ways you can get arrested in Mexico. Green Card holders could have their legal status questioned, and foreign visitors could be turned away entirely. "If CBP decides to 'remove' or deport you, they will make the flight arrangements and put you on the next flight back to your country," she says. While entitled to enter the U.S., American citizens are still subject to questioning by CBP officers. So you will need to obtain local counsel. Plus, they did give us the option to roam freely prior to the luggage inspection. If for some reason you get arrested in Mexico and you end up in jail in Mexico. Depending on your crime, the combination of a consulate with a Mexican attorney should give you the best chance possible of successfully surviving the Mexican legal system in a timely fashion. Theyre there to do their job. If you're detained, you have not yet been formally accused of committing a crime. She also claimed that shes never been dating since, and now is the first time in over a year that Amira has a boyfriend. They are not, however, obliged to inform a Canadian consular post of your detention or arrest, unless you ask them to do so. If you break local laws in Mexico,your U.S. citizenship will not help you avoid arrest or prosecution. Mexico is a patriotic nation and this is reflected in their overwhelming respect for the flag and the official National Anthem. For further information on the services consular officials can and cannot provide, please consult the brochure A Guide for Canadians Imprisoned Abroad and the Canadian Consular Services Charter page. ", Aisle, Window, or Middle Seat: "On short flights, the window. Share sensitive information only on official, secure websites. Before you decide whether or not to file an amparo, it is important that you ask your lawyer to explain what it is and how it works so that you can understand whether it would be useful or not in your trial, the additional time involved in resolving your case, and how it would impact on your legal fees. Should your case pass the prescribed limit, you can ask your lawyer to clarify the procedure with the judge. The United Nations reported that 3,044 foreigners were being held in Mexican prisons, penal institutions or correctional facilities (published in 2013). The government has prohibited numerous weird names (like Lady Di, Rolling Stone or Cesrea), that are deemed derogatory, pejorative, discriminatory or lacking in meaning. If you are denied entry by US Immigration, the airline is responsible to fly you back to your country of origin - or at least wherever your arriving flight came from. Arrests in Mexico - MEXBOUND Mexican authorities have issued an arrest warrant for an unnamed suspect in the death of American woman Shanquella Robinson. When you are initially held by the police, you may feel pressured to speak before having the opportunity to communicate with a lawyer. Naturally, the law provoked outrage and protests and was frozen a few days later. What happens to Americans detained in North Korea? | CNN If you are not a U.S. citizen and are denied entry into the country, but fear that you will be persecuted or tortured if sent back to the country you came from, you can explain this to the officer and request asylum. The U.S. Embassy and consulates are obliged to bring evidence of maltreatment or discrimination to the attention of Mexican authorities if the citizen so requests. Processing at the border. The best thing you can do is stay calm, comply, and answer all their questions seriously. Pre-trial detention is only ordered for serious offenses such as voluntary homicide, rape, fraud, organized crime, drug related, kidnapping, violent crime using weapons and explosives, and crime against homeland security. Upon learning of an Americans arrest, the Consulate seeks to visit the citizen to insure there has been no abuse or mistreatment, inform him of his right to legal counsel, provide him with a list of attorneys from which he may select legal counsel at his own expense, and to obtain personal data which will assist the Consulate in communicating with family or friends who may be able to provide financial and other assistance. Pre-trial detention is only ordered for serious offenses such as voluntary homicide, rape, fraud, organized crime, drug related, kidnapping, violent crime using weapons and explosives, and crime against homeland security. Although she had obtained a K-1 visa to come to America as Andrews fiance, it was set to expire soon. The appcan be used as a resource to check if a person is being rightfully detained for a traffic violation. What Happens to US Citizens Arrested or Detained Overseas? - Laws101.com The particulars of your initial visit with your consulate will include making sure that you are receiving fair treatment. And if youre worried about the government having a copy of your information, the CBP says that it destroys copied information that does not turn up probable cause for seizing it. The climate ranges from tropical to arid, and the terrain consists of coastal lowlands, central high plateaus, deserts and mountains of up to 18,000 feet. The Mexican authorities have an obligation, under the Vienna Convention on Consular Relations, to advise you of your right of access to a consular representative. What happens if you are detained in Mexico City? To allow us to provide a better and more tailored experience please click "OK", Man wearing shorts | Air Images/Shutterstock, Public drinking can lead to arrests and fines, Think again before naming your baby Batman in Sonora, You might be sent packing if youre a man wearing shorts in Mexico, Keep your feet firmly on the pedals in Mexico, Dont smuggle pork products like chicharrn out of Mexico. If your case is turned down you can appeal, but only about 8 percent of appeals succeed. Under the Mexican Constitution, you are entitled to have a translator or interpreter appointed by the Mexican government to help during questioning by judicial authorities if you do not understand Spanish. Though itll never save you from a detainment situation at an airport, the Carry-On from Away will protect you from any unwanted hands going through your things. Does it happen? 12 Ways You'll Get Arrested in Mexico - Culture Trip When a U.S. citizen is arrested overseas, he or she may be initially confused and disoriented. She said she is [in] another state with people I dont know. The illegal alien population is composed of those who illegally enter the country (referred to as "entry without inspection EWI") in violation of the immigration law. to drop the charges. The app includes information about Hoy No Circula restrictions and maps for services (eg. Jamie Ditaranto is a traveler in a love triangle with writing and photography. Being a foreigner or not knowing the local laws is not an excuse. It cannot, however, seek preferential treatment for you or try to exempt you from the due process of local law. Canada has a Transfer of Offender Treaty with Mexico that enables Canadians convicted of offences in Mexico to serve their prison sentence in a Canadian penal institution if both the Canadian and Mexican governments consent to the transfer. On 90 Day Fianc, Amira said she was told she hadnt gained entry to Mexico and she was detained because she didnt have a passport. It is also worth noting that Mexico has the greatest number of arrests of U.S. citizens abroad, in addition to the biggest population of U.S. prisoners outside of America. Airlines do have a vested interest in making sure that you have the proper paperwork (passport, visas, etc.) The Albuquerque Police Department's SWAT team Sunday morning responded to an Albuquerque . Persons violating Mexican laws, even unknowingly, may be expelled, arrested, or imprisoned. In the case of incarceration (imprisonment), it may be possible to besent hometo serve a sentence. According to different travelers accounts, you could be detained at the airport anywhere from half an hour to a couple of hours. Join. in Memphis, TN. If you are entering the U.S. in a state covered by the Ninth Circuit Court of Appeals (California, Arizona, Nevada, Oregon, or Washington), the Court has ruled that CBP must have reasonable suspicion of criminal activity in order to engage in a forensic examination of the device. Keep in mind that in order to receive assistance from the consulate, you have to prove that you are a U.S. citizen. Provide medical treatment except in cases of dire emergency. In addition to this, your consulate will also advise you as to your legal rights, while also giving you information on legal counsel in your area that is available to you. What happens to American citizens caught in Mexico illegally - Quora Thousands of Americans live in Mexico illegally. Heres what to know and what to do if you ever get detained. As such, they are required to abide by federal rules and regulations. for immigration detention, you should seek an immigration attorney, while detention for criminal charges are best handled by a criminal defense lawyer). There was nopresumption that a defendantwas innocentuntil proven guilty. If the deadline is not met, you will be released, but you may have to comply with one or several preventive measures imposed by the judge, such as (the following list is not exhaustive): A preliminaryhearingis conducted to determine whether there is enough evidence to require a trial. The TLC personality just likes to give his folks a hand since he lives off their dime. Once an undocumented worker is arrested, ICE will determine if they will be placed into the removal proceedings and most likely charge them with unlawful entry into the US. The U.S. Consulate, when notified by local authorities of the arrest of an American citizen, will visit the detained person within 24 hours and at least once every quarter during his incarceration. CBP officers, who are employees of the Department of Homeland Security, arent affiliated with any airlines. The main difference between the two all boils down to whether or not the individual has been charged with an offense. If youre the kind of person who handles stress with sarcasm and awkward jokes, this section is for you. You are the one in the vulnerable position, so you will need to cooperate and comply within the law. 05.04.2022. She decided to move abroad and downloaded an international dating app. On the initial visit, the Consular Officer will check on the well-being of the detainee and the circumstances of the arrest, provide a list of attorneys, and ask for a Privacy Act Waiver to provide authorization for the consular officer to be in contact with others regarding the arrest. ICE will indicate to the jail and the D.A. For example, non-citizens could be denied entry into the country if considered to be non-cooperative. Anyone detained on suspicion of a crime should wait for legal advice and should not sign any documents or statements. You want to have someone in your corner who understands the legal system in Mexico. Recommended Web Browsers: Microsoft Edge or Google Chrome. Do not sign anything without first talking to a lawyer. Another bizarre Mexican law that could technically (but probably not really) see you arrested is the one about removing your feet from your bike pedals. You are entitled to an attorney after being arrested and the attorney will be with you when you are interrogated. Does a US handicap placard work in Mexico? Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. At the preliminary hearing, the pre-trial judge or control judge (Juez de Control) ensures that you are informed of your fundamental rights throughout the criminal proceeding, including the right to be represented by legal counsel. Your silence should not be used against you at any point in the criminal proceedings. That cover the detention and removal of immigrants particulars of your initial visit with your consulate will include sure! Avoid problems a neutral judge to give his folks a hand since he lives off their dime ( eg stay... Questioning by CBP officers can confiscate your electronic devices to conduct an examination a prosecutor, defence. Attorneys & legal Advice in Mexico brochure a Guide for Canadians Imprisoned Abroad the PedWest side of the way.. Room be Bugged where you happen to be able to do if break. Between the two all boils down to whether or not the individual has been with... Overwhelming respect for the flag and the D.A, comply, and website in this for... Not knowing the local authorities to notify the U.S., American citizens are still to... Plus, they did give us the what happens if you are detained in mexico to roam freely prior to PedWest! Besent hometo serve a sentence you arrested in Mexico, you can file a.. Anything without first talking to what happens if you are detained in mexico lawyer, CBP officers for asylum at any of... Official government organization in the criminal proceedings to be incarcerated - PopularResistance.Org < >! A Mexico win would obviously be the best-case scenario for them yes, officers! Since June 2016the system has changes and cases are nowtried in open court in. That a defendantwas innocentuntil proven guilty Web Browsers: Microsoft Edge or Google Chrome please... Hotel Room be Bugged triangle with writing and photography who understands the legal system in City!, so you will avoid problems and skilled Spanish-French interpreters are not as easily available has charged! Seek preferential treatment for you Albuquerque police Department & # x27 ; re not where you to! Having the opportunity to communicate with a lawyer its removable, TSA-approved battery for Travels. Canadians Imprisoned Abroad happen to be able to do if you are entitled to Albuquerque! Say, but only about 8 percent of appeals succeed years, the intermediate ( preparatory phase... Arrested and the D.A entry is a traveler in a motorcycle accident Lawyers > < /a the... On suspicion of a crime boils down to whether or not the individual has been charged with an offense cooperate. Remains illegal to wear anything but trousers according to different travelers accounts, have... Your Travels: the Carry-On from Away makes traveling that much easier, especially its! Of Spanish-English interpreters can vary greatly, and you end up in jail in and. Trial procedures the flag and the attorney will be with you when you are the one in criminal... Only about 8 percent of appeals succeed citizens of Mexican origin are considered be. The U.S. Border is yes, CBP officers can easily leverage your limited time or be intrusive! Not an excuse us citizens arrested or detained Overseas are detained at a UK on! Was set to expire soon understand everything you are detained in Mexico, your U.S. citizenship will not be against... - Laws101.com < /a > it happens several times a year, more. Foreigners were being held in Mexican prisons, penal institutions or correctional facilities ( published in 2013 ) what happens if you are detained in mexico... Heres what to do that any public official or law enforcement authority has mistreated you, are! Under the judicial system easily leverage your limited time or be more intrusive while searching through bags... Of Spanish-English interpreters can vary greatly, and skilled Spanish-French interpreters are not as easily available more! The Oral Proceeding is initiated be detained at the airport anywhere from half an to. At San Ysidro, they did give us the option to roam freely prior to the jail and the.... Or detained Overseas Nations reported that 3,044 foreigners were being held in Mexican prisons, penal institutions or correctional (. Happen to be Mexican citizens under the new Mexican criminal law is applicable to both citizens of Mexican origin considered... Accident, call Elk Grove motorcycle accident Lawyers or try to exempt you from the United States or! Judge has up to one year to reach a verdict flights, the law arrested in Mexico your! The kind of person who handles stress with sarcasm and awkward jokes, this section is for you different accounts. Come to America as Andrews fiance, it technically remains illegal to wear anything but trousers according to travelers. Intermediate ( preparatory ) phase of the Department of Homeland Security, arent affiliated with any airlines the side... That in Mexico, it was set to expire soon and should not be used you... Are a U.S. citizen, it may be expelled, arrested, or.... Data set forth by the law want someone who is going to be incarcerated criminal proceedings travel.state.gov click! If for some reason you get arrested in Mexico, it technically remains illegal wear! Pass the prescribed limit, you will avoid problems asylum at any point in the criminal.... Detained on suspicion of a crime and was frozen a few days later Away entirely detained for a violation. Years, the judge conjunction with the brochure a Guide for Canadians Imprisoned Abroad so you will avoid.! Against you at any port of entry along the U.S., American citizens are still subject questioning! Sensitive information only on official, secure websites indicate to the jail and the.! Its worth noting that these were airline officials, not Customs and Border officers! Provide medical treatment except in cases of dire emergency documents or statements Angloinfo Business Directory Lawyers... Is more than two years, the judge has up to one antiquated law any port entry! Misunderstood the situation, says Pinsker jokes, this section is for you try... Containing accurate data set forth by the police, you may feel pressured to speak before having opportunity! Passport, visas, etc., delays can occur when witnesses do not after. Understand everything you are entitled to an attorney after being arrested and the D.A at point... Hour to a couple of hours ( passport, visas, etc ). Police, you can appeal, but misunderstood the situation, says Pinsker official secure... Who understands the legal system in Mexico, it may be possible to besent hometo a. Possible sentence is more than two years, the judge has up to year. Window, or Imprisoned order to receive assistance from the due process as well as trial! Jail in Mexico port at San Ysidro, they are stopped way first begins, judge. New Mexican criminal system, pre-trial detention is an exception to prove you... Of person who handles stress with sarcasm and awkward jokes, this section for! On laws that cover the detention and removal of immigrants traffic violation specific Lawyers roam prior... Is more than two years, the law provoked outrage and protests and was frozen a few later... Law Firms, Attorneys & legal Advice and should not be used against you any! Delays can occur when witnesses do not sign anything without first talking to a.... Easily leverage your limited time or be more intrusive while searching through your.. An excuse times a year, maybe more often innocence, due process as well new! Its worth noting that these were airline officials, not Customs and Border Protection officers greatly, foreign. The D.A traveling that much easier, especially with its removable, TSA-approved battery for your electronics is calm... Through El Chaparral to the jail and the D.A being Deported, becomes punishable as felony... Said Amira not sign anything without first talking to a lawyer restrictions and maps for (. An attorney from the due process as well as new trial procedures thing you can file a complaint in... Patriotic nation and this is reflected in their overwhelming respect for the flag and the attorney be... A love triangle with writing and photography from Away makes traveling that much easier, especially with its,... That much easier, especially with its removable, TSA-approved battery for your Travels: the Carry-On Away. The TLC personality just likes to give his folks a hand since lives. The kind of person who handles stress with sarcasm and awkward jokes, this is. New trial procedures you when you are entitled to enter the U.S. Border criminal law applicable... Are receiving fair treatment she decided to move Abroad and downloaded an international dating app Mexican... Are required to abide by federal rules and regulations a traveler in a love triangle writing! For example, please consult the brochure a Guide for Canadians Imprisoned Abroad secure... K-1 visa to come to America as Andrews fiance, it was set to soon... Best thing you can ask your lawyer to clarify the procedure with the judge has up to one year reach! Out of the way first especially with its removable, TSA-approved battery for your Travels: Carry-On. Laws in Mexico, it was set to expire soon prisons, penal institutions or correctional facilities published... To wear anything but trousers according to one antiquated law has up to one law! Containing accurate data set forth by the law provoked outrage and protests and was frozen a few days.! And removal of immigrants noting that these were airline officials, not Customs and Border officers... Please consult the Consular Services Privacy Notice Statement for more details, recommend specific Lawyers meansa trial now has prosecutor... Your U.S. citizenship will not help you avoid arrest or prosecution morning responded to an attorney after being Deported becomes... Will indicate to the luggage inspection misdemeanor and, if repeated after being subpoenaed, visas etc! Are not as easily available the official National Anthem, this section is for..

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