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03-01-2013, 01:04 AM #1
CA - Barking Dogs May Lead to Woman's Deportation
By Alexandra Gratereaux
Published February 28, 2013
Fox News Latino
A woman in California may be getting deported because of her barking pooches.
Ruth Montaño, 39, said she stepped out of her Bakersfield home on New Year’s Eve to buy ingredients for a dinner she was planning. She said she returned to her trailer to find six police dogs and two police officers who she claims harassed her. The officers told Montaño her two small dogs – a Chihuahua and a poodle – were disturbing the neighbors.
“I told them that we had not done anything wrong,” Montaño told Fox News Latino.
She claims the officers were shouting slurs at her and threw her against a police car in front of her three children.
Montaño was charged with one misdemeanor count of resisting arrest and one infraction of maintaining an animal that makes excessive noise. Police claim she became agitated when they confronted her and she kicked a police officer.
She denies the allegations.
“One of the officer’s faces was so angry and began telling us that we Hispanics are trash,” said Montaño. “I told them not to disrespect me in front of my children and that just how they demand respect so did we.”
Kern County Sheriff's spokesman Ray Pruitt would not comment on the case.
Montaño spent a week in jail. While she was detained, she was flagged by U.S. Immigration and Customs Enforcement because she is undocumented. She is now facing a deportation order.
Her lawyer, Jennie Pasquarella, said because there was a complaint about animals, animal control should have showed up at her property – not uniformed officers. She alleges that Montaño was singled out because of her illegal status.
“There is no other explanation in my mind as to why the sheriff would reply so aggressively,” she told Fox News Latino.
Montaño pled guilty to resisting arrest and the animal charge was dropped. She is due in court in September for an immigration hearing. ICE did not return calls and emails seeking comment.
Montaño said she can’t believe all she is going through because of her barking dogs.
“There are bigger dogs here [like] Rottweilers and nobody has said anything,” said Montaño. “The other day a pitbull bit a neighbor’s eye out and no one came for the dog.”
“There is no other explanation in my mind as to why the Sheriff would reply so aggressively,” she told Fox News Latino.
“They had no legal right from the beginning.”
When asked for a comment, Kern County Sheriff's spokesman Ray Pruitt said that the Sheriff office was not allowed to give any comment on Montaño’s case after getting advised not to by the county council since Montaño has “decided to seek legal representation through the ACLU.”
Pasquarella says this case may take some time to get resolved, but she is optimistic that Montaño won’t get deported because “she has no criminal history.”
Montaño is due in court in September for an immigration hearing. Calls and emails to ICE's spokesperson Ernestiene Fobbs from Fox News Latino went unanswered.
“There are bigger dogs here [like] Rottweilers and nobody has said anything,”said Montaño. “The other day a pitbull bit a neighbors eye out and no one came for the dog,” she added.
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03-01-2013, 05:37 AM #2Pasquarella says this case may take some time to get resolved, but she is optimistic that Montaño won’t get deported because “she has no criminal history.”
She claims the officers were shouting slurs at her and threw her against a police car in front of her three children.
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