Thursday, March 6, 2008

Send him to prison not Mexico

And the continuing saga goes on and on and on. I think it would be wrong to deport him if he is indeed an American citizen. i also think it would be wrong to allow him to have "gamed" the system like he did. File perjury charges against him and send him to prison.

Agency grants review in deportation battle
Hernan Rozemberg: Express-News

Armed with an immigration judge's deportation order, federal immigration agents could be readying to send Saúl Espinoza packing to Mexico.
Instead, though previously unwilling to hear him out, they've now agreed to take another look at whether they're about to kick a U.S. citizen out of the country.

Espinoza's lawyer, Josué Martínez, said U.S. Immigration and Customs Enforcement officials agreed to review the citizenship claims and will have an answer for him this week.
The move was deemed unusual, since Martínez said he had provided ICE investigators long ago with ample documentation designed to prove that Espinoza, 36, was born and raised in Brownsville.

"This review should have been done months ago, but ICE investigators washed their hands by saying it was up to the judge to decide," said Martínez, a lawyer in Boerne and former FBI agent in San Antonio.

Immigration Judge Glenn McPhaul in San Antonio signed Espinoza's deportation order last Thursday. The order becomes enforceable in a month unless Espinoza appeals his case or if the government decides to reopen it.

That rare scenario could take place if ICE prosecutors confirm Espinoza's U.S. citizenship. For now the case is under review, said agency spokeswoman Nina Pruneda in San Antonio.
She declined to comment on why the case was not reviewed earlier.

Espinoza faced deportation after years of avoiding criminal charges by duping authorities, making up an alias and claming he was an unauthorized immigrant from Mexico.

After agreeing to be "voluntarily returned" south of the border, Espinoza — who had previously garnered convictions in Texas and Georgia — would turn right back around and enter the United States, identifying himself as a citizen.

The ruse worked well, even after a formal deportation in 1991. But investigators caught up to him last year and began new deportation proceedings, leading to last week's hearing.
While he understood the immigration court by law couldn't consider proof of citizenship, Martínez insisted the ensuing chaos could have been averted had ICE simply taken an earlier look.

He said he has copies of Espinoza's birth certificate and school records in Brownsville.
Martínez said he shared the documents in September with Jerry Robinette, ICE's top investigator in San Antonio.