Thursday, April 18, 2013

Amnesty For Criminals

The criminal aspect of the ongoing Obama Regime Administrative Amnesty is in the news again.  One of the winners of the amnesty, Victor Mendoza Medina, is in the news.  And he has a long criminal history.

But first the back story.  Medina was deported long ago after a life of crime in the United States.  

USA Today  April 15, 2013 by Daniel Gonzalez
Immigrant Caught In The Middle Of National Debate
Victor Mendoza Medina is back in New York City six weeks after immigration-enforcement officers gave the Bolivian immigrant some surprising news — after more than three years locked up in a detention facility in Eloy, Ariz., he was being released...
Medina, now 69, has come to symbolize the political furor generated with the sudden release in February of more than 2,200 immigration detainees nationally. He was the only detainee released in Arizona classified as Level 1, the most serious aggravated felon...
Over the course of 90 minutes, Medina described a saga that spanned five decades, starting with his immigration to the U.S. as a teenager; his subsequent deportation to Bolivia; and then his return to the U.S. through the port of entry in Nogales, Ariz., which is how he ended up being held in a detention facility in Eloy for more than three years as he waged a legal battle to be released.
Medina is originally from La Paz, Bolivia's largest city and capital. He said he came to the United States as a legal permanent resident in 1963 when he was 18 and settled in New York City, which has a large community of Bolivian immigrants.

That's the back story, and here is his attitude:

Medina said he made a living as a long-haul truck driver for more than 30 years. As a legal permanent resident, he was eligible to apply for citizenship but never did, which looking back, "was the biggest mistake I made in my life."

The biggest mistake in his life was not applying for citizenship.  Apparently the life of crime was not the biggest mistake of his life.

ICE officials said the Level 1 detainee released in Arizona was convicted of multiple non-violent misdemeanors between 1972 and 2002, including five misdemeanors for drug possession, as well as misdemeanor theft and possession of stolen property.
The drug-possession charges involved small amounts of cocaine that were for personal use, Medina said, and the theft and possession-of-stolen-property charges involved a credit card a friend gave him.

So, over 45 years he managed to get convicted of 7 crimes.  That does not include the myriad of other crimes he committed without being arrested as no person is ever convicted of the only crime he ever committed, much less 7 crimes.  One is not convicted of 7 misdemeanors without  having committed several felonies as well.  Undoubtedly most of these 7 misdemeanors were not results of misdemeanor arrests but felony arrests and the misdemeanor convictions were the result of plea bargains.

And then there is explanation for the two non-drug convictions.  A friend gave him a credit card.  Why would a friend give him a credit card of a third person?  There is no reason for that.  It is clear that Medina and his friend were engaged in a credit card fraud scheme and he got caught.  This guy is probably the world's dumbest criminal.

Then there are the drug convictions.  All for cocaine possession for personal use?  Hard to believe.  That does not sound like a person not a danger to the public.  That sounds like a drug addict.  Which also tells us that besides the deportation charges for the criminal convictions, he is also deportable for being a drug addict per the Immigration and Nationality Act, as amended.

(B) Controlled substances
(i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

Medina is also deportable for multiple criminal offenses:

(2) Criminal offenses
(A) General crimes
(ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

But even worse, Medina was deported.  But he returned anyway.  And he was taken back into the country for some reason, in violation of the law.  

In 2008, ICE deported Medina to Bolivia after an immigration judge ruled that two misdemeanor drug-conviction charges in 2001 and 2003 constituted, for immigration purposes, an aggravated felony, according to a court brief from his lawyer, Spencer Scharff, asking the 9th U.S. Circuit Court of Appeals to reopen Medina's case.
As a result of the judge's ruling, Medina was stripped of his legal status and deported. Medina said in Bolivia he went to the U.S. Embassy to try to claim the Social Security benefits he was receiving in the United States and was told that he never should have been deported. That prompted him to travel roughly 4,300 miles by bus from South America through Central America and Mexico until he reached Nogales in December 2009.

At the port, Medina said he told U.S. customs officers he was seeking to come back to the U.S. and have his status as a lawful permanent resident restored. After being paroled into the country, Medina was turned over to ICE and sent to a detention center in Eloy while his case was pending.

At the time Medina was an arriving alien applying for admission.  Because he was applying for admission, he should have been refused admission as he did not have a valid immigrant or non-immigrant visa, with the required waiver for the previous deportation.  Moreover, since he was applying for admission at a land Port-of-Entry, he should have been placed in removal proceedings, but required to wait in Mexico, if DHS was going to allow him the benefit of a hearing under the law.

(d) Service custody. The Service will assume custody of any alien subject to detention under paragraph (b) or (c) of this section. In its discretion, the Service may require any alien who appears inadmissible and who arrives at a land border port-of-entry from Canada or Mexico, to remain in that country while awaiting a removal hearing.  

More importantly, there was no legal basis for Medina's claim that he was deported unlawfully.  That claim should have been made at the time he was deported.  He failed to purse that claim.  He had his due process of law and failed to purse it.  Once you are deported, there is no relief.  There is a final order of removal and Medina is no longer a legal permanent resident.

But in any event, U.S. Customs and Border Protection should have refused entry to Medina and issued an Order of Removal under Section 235(b)(1)(A)(i) of the Act, the Expedited Removal provision.

(b) Inspection of Applicants for Admission.-
(1) Inspection of aliens arriving in the United States and certain other aliens who have not been admitted or paroled.-
(A) Screening.-
(i) In general.-If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7) , the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution.

Medina should not have been allowed to remain and file and plea to any court.  However, it is clear the Regime is counting on the courts to support the Administrative Amnesty.  An amnesty that this blog predicted would soon extend to criminals.  

Also of note, the Rubio RINO Amnesty includes provisions for amnesty for those illegal aliens with 2 misdemeanor convictions.  Remember, misdemeanors are felonies that a prosecutor does not want or too busy to take to trial.

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