Thread: WI: Convicted felon fights judge's deportation order

Convicted felon fights judge's deportation order

Man tries to withdraw plea in sex case

By MIKE JOHNSON

Posted: May 4, 2008

Waukesha - More than 15 years after Daniel M. Lazcano was convicted of sexually assaulting a girl, that crime has come back to haunt him.

The federal government is deporting Lazcano, 35, a Mexican who has been living legally in the United States since 1989, because he committed an aggravated felony.

That was in 1991, when Lazcano, then 18 and living in Waukesha, admitted that he had sex with a 13-year-old girl during a party at her house where people were drinking beer.

He pleaded guilty, and in 1992, a judge sentenced Lazcano to five years in prison but stayed the sentence. Lazcano was placed on probation for four years.

Federal authorities aren't saying why they are moving after all these years to remove Lazcano, now living in Milwaukee, from the U.S.

But in an unusual step aimed at attempting to thwart his deportation, Lazcano on Friday asked Waukesha County Circuit Judge J. Mac Davis to withdraw the guilty plea and vacate the conviction.

In U.S. since 2 years old
It is among last-ditch moves Lazcano is making to remain in the U.S., where he has been living since he was 2.

Lazcano and his attorney, John L. Sesini, argued that the guilty plea should be withdrawn because Lazcano was never told by the judge who sentenced him that he could be deported as a result of the guilty plea. Judges are required to inform defendants who are not U.S. citizens that a guilty or no-contest plea can result in deportation.

There is no transcript of the court proceedings. Court reporters' notes have to be kept only 10 years, and the notes in the Lazcano case have been destroyed.

But Assistant District Attorney Kevin M. Osborne, who argued that the guilty plea should stand, produced a guilty plea questionnaire that Lazcano signed that included a warning about deportation.

Lazcano's initials were written next to a paragraph that tells defendants they can be deported if they are not U.S. citizens. Although Sesini then argued that Lazcano initialed the paragraph without reading it, Davis on Friday declined to withdraw the guilty plea.

Davis said the initials on the form support the conclusion that Lazcano knew he could face deportation.

Tip to federal agents
Lazcano was arrested by U.S. Immigration Customs and Enforcement agents Feb. 1, 2007, based on a tip, and deportation proceedings began, according to Gail Montenegro, speaking for the agency.

She would not disclose how Lazcano was brought to the attention of immigration authorities. Lazcano is listed on the Wisconsin sex offender registry.

An immigration judge on April 17 ordered Lazcano deported because he committed an aggravated felony. Lazcano can appeal the order with the Board of Immigration Appeals and has until mid-May to do so.

ICE's view
If Lazcano had prevailed in withdrawing his guilty plea, he likely would still be deported, Montenegro said.

"If the conviction that makes a lawful permanent resident deportable gets vacated for constitutional reasons - no access to legal counsel or other violations of basic rights afforded in criminal trials - then the deportation process is terminated." However, "if the conviction is vacated solely to avoid deportation, then even if it gets vacated, it remains a conviction for immigration purposes and the deportation proceeds," she said.

"ICE is committed to arresting and removing criminal aliens from the U.S., especially those who prey upon children and present a threat to public safety," Montenegro said.


http://www.jsonline.com/story/index.aspx?id=746890

Judges are required to inform defendants who are not U.S. citizens that a guilty or no-contest plea can result in deportation.

For Justice to be dispensed fairly, ALL appearing before a judge should have their citizenship/immigration determined.

I cry "technicality", deport him. Does anyone think the Mexican justice system would balk at this? No way. I deem this idiot illegal and inconvenient.

Since when does an illegal alien need to commit a crime (other than illegal immigation) to be deported? Every illegal alien is subject to deportation!