However, the petty kritarchs of the BIA decided that this illegal alien, with two criminal convictions, was erroneously ordered deported. That he remains illegally in the United States appeared to be not a concern of the board for some reason.
An immigration appeals court this week threw out the final deportation order for Romulo Avelica-Gonzalez, who was detained in late February minutes after he dropped his daughter off at school in Lincoln Heights.
His lawyer said the case will be kicked back to the local immigration court that initially ordered that he be deported. That means Avelica-Gonzalez, 49, is still in deportation proceedings, but it could take years for a judge to enter a new decision.
An official with U.S. Immigration and Customs Enforcement said the agency can no longer comment on Avelica-Gonzalez’s case because of his pending U visa application.
Avelica-Gonzalez, a Mexican citizen, has lived in the United States for 25 years. ICE agents arrested him Feb. 28, minutes after he dropped off his daughter Yuleni, 12, at school. Another daughter, Fatima, now 14, sobbed as she recorded cellphone video of the encounter, which went viral.
[Immigration Appeals Court Throws Out Deportation Order For Man Detained By ICE After Dropping Daughter Off At School, by Andrea Castillo, LAT, August 10, 2017]
Illegal Alien Criminal Romulo Avelica-Gonzalez
In late March, Avelica-Gonzalez and his wife, Norma, submitted applications for U visas, which are available to victims of crime and their immediate family members, based on a crime that Norma was the victim of in December 2016. Diamante declined to provide details about the crime out of respect for the family and any further investigation.
The number of people with pending U visa applications has skyrocketed from 21,000 in 2009 to nearly 170,000 as of March. Congress has set a cap of granting 10,000 U visas each year. Applicants on the waiting list are granted deferrals of their deportation and allowed to apply for work permits.
There is a good reason the Avelica-Gonzalez' won't discuss the alleged crime, because most likely there was no crime or the crime was so minor, there is little or no chance of their application being approved. The U Visa was just another delaying tactic, just as Avelica-Gonzalez was able to have his guilty pleas to two serious crimes overturned and the convictions changed to traffic infractions.
However, Avelica-Gonzalez will have a few problems. His guilty pleas remain in force for immigration purposes, as he freely admitted to the essential elements of a crime involving moral turpitude, which will defeat any claim that he was not convicted of a deportable offense, as such an admission is the same as a convictions, and it defeats the good moral conduct requirement for legal permanent residence. The frightening part is the BIA ignored that aspect of immigration law.
All the more reason for Attorney General Jeff Sessions to use his authority to overturn the BIA decision and remand the case back to U.S. Immigration and Customs Enforcement for deportation. It is time that AG Sessions take control of the immigration bureaucracy by overturning such decisions and disciplining recalcitrant board members who don't get the memo. AG Sessions needs to nip this resistance in the bud and bring the immigration bureaucracy to heel.