Thread: CA: Canal abuse victim still sits in jail- U visa possible

Canal abuse victim still sits in jail
Gary Klien
Article Launched: 08/09/2008 02:38:25 PM PDT

A San Rafael domestic violence victim who found herself detained on an immigration hold will remain in custody until further notice, even though her live-in boyfriend has pleaded guilty to the assault.

Pablo Xitamul Ortiz, 30, was arrested in the Canal neighborhood July 10 after throwing Ligia Catzim to the ground, biting her face and pulling her hair, police said.

Catzim, 25, was subpoenaed to testify against him on July 23, but she became confused about the subpoena and skipped the court hearing, according to her lawyer, Jason Nelson. When Catzim failed to appear, Judge Faye D'Opal issued a "body attachment" - essentially an arrest warrant for contempt of court - and police tracked her down and booked her into county jail.

Once she was in jail, authorities added a no-bail federal immigration hold - meaning she can't be released from custody until federal officials investigate whether she is a citizen or should be deported.

On Thursday, Ortiz accepted an offer from prosecutors and pleaded guilty to a misdemeanor domestic violence charge, reduced from a felony, said Chief Deputy District Attorney Barry Borden. Ortiz faces up to a year in jail when he is sentenced Aug. 27, and could be deported after serving the sentence.

After Ortiz pleaded guilty, authorities lifted the body attachment on Catzim. But she must remain in custody until the federal immigration hold is resolved, and Nelson has no idea how long that might take.

"Now that the DA has no purpose for her, then she'll be transferred to ICE custody," Nelson said, referring to Immigration and Customs Enforcement. "Clearly, she's sad. She doesn't fully understand what's going on."

Catzim could apply for a "U visa," a special citizenship status for undocumented immigrants who help U.S. authorities solve crimes such as domestic violence, murder and human trafficking. The application would require an endorsement from the Marin district attorney's office, and Nelson said he has requested one.

"If somebody comes to us with a request with for a U visa, and she is qualified to apply, we absolutely will review it," Borden said. "We'll absolutely uphold the law. But we don't represent her in immigration matters or in any civil suit. That's not the job of the district attorney's office."
http://www.marinij.com/marinnews/ci_10151043

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