ANAHEIM – After serving 23 years in prison for a deadly arson blaze, Rosie Sanchez was set to start a new life Thursday, moving in with her daughter in Anaheim and getting ready for her 50th birthday Friday as a free woman.

Instead, Sanchez remains in custody – handed over Thursday to federal immigration authorities for deportation proceedings.
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Rosie Sanchez with her four children, in photo taken shortly before deadly arson fire in 1985 for which she was convicted. From left, Gustavo, Grace, Rosie and Irving.

"I don't understand why she can't stay in this country," said her daughter, also named Rosie Sanchez, 27, who made room for mother by moving her 3-year-old son into another bedroom.

"It's not like she's going to be a burden to the state. I think this is so unfair. We've all waited so long for this."

The planned Anaheim homecoming for Sanchez, a mother of four, appeared to be on track last week when Gov. Arnold Schwarzenegger, in a rare move, did not block a recommendation by the Parole Board that she be released.

Sanchez was convicted of setting on fire a competitor's clothing business in downtown Los Angeles in 1985, killing a man who was sleeping in the store.

She was sentenced to 25 years to life. At the time, Sanchez, a native of Mexico, was a legal resident.

Her four children were raised by relatives, a grandmother and, for a time, were in foster care. They all graduated from high school or college, and have families and jobs.

Sanchez always has maintained her innocence, blaming shoddy legal representation and claiming she was at home at the time of the fire. For example, she maintains she has five witnesses to back her alibi, but that her attorney only called one to testify.

Sanchez maintained a stellar prison record at California Institution for Women in Corona. A legal team from the University of Southern California Law School was able to successfully argue for her release before the Parole Board.

Even though Sanchez was in the country as a legal permanent resident, her murder conviction renders her deportable, according to federal immigration law.

Thursday, her children, who range in age from 26 to 31, joined a legal team at USC to announce that they would be asking Schwarzenegger to pardon the crime. If that happens, an immigration judge would have no legal reason to deport Sanchez.

Before agents from U.S. Immigration and Customs Enforcement took Sanchez into custody Thursday morning, her children were able to get a glimpse of her being moved into a vehicle at the prison.

"She looked beautiful," her daughter, Rosie Sanchez, said. "We waved to her and blew kisses."

Virginia Kice, a spokeswoman for ICE, said Sanchez was taken into custody based upon an immigration detainer lodged against her by ICE during her incarceration in state prison.

"ICE has placed Ms. Sanchez in formal removal proceedings and it will now be up to the nation's immigration courts to determine whether she will be required to leave the country," Kice said.

"Like all aliens in immigration proceedings, Ms. Sanchez will be afforded due process and have an opportunity to present evidence in her case.

"In the meantime, because of the nature of her criminal conviction, Ms. Sanchez will be subject to mandatory detention while her immigration case goes forward."

Sanchez has a sister living in Mexicali but wants to stay near her four children and several grandchildren who live in Orange and surrounding counties, Rosie Sanchez said.

An immigration hearing is scheduled in two weeks.

Contact the writer: 714-704-3764 or ghardesty@ocregister.com

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