http://www.sltrib.com/news/ci_5000055

Voluntary deportation brings end to immigration case
Workers at Tooele company were arrested in April federal raid
By Jennifer W. Sanchez
The Salt Lake Tribune
Article Last Updated: 01/12/2007 06:45:57 AM MST


Posted: 6:45 AM- Santos Cuellar Escobar knew it was inevitable; his time has come.

After being picked up by immigration agents during a raid on a Tooele business in April, he was released two days later with a court date. He hoped somehow he would find a lawyer that could help him get a permit to work in Utah legally. After all, he'd been working in the United States since he swam across the Rio Grande along the U.S.-Mexico border in 2005.

But after nine long months of court hearings and lawyer fees, Escobar's stay in the United States officially came to an end this week.

Escobar was one of 1,200 undocumented workers arrested in April by Immigration and Customs Enforcement agents at several IFCO Systems North America Inc. facilities across the country. Federal agents also arrested seven current and former IFCO managers.

Of the 13 arrested at the Tooele facility in Utah, seven were returned to their home countries; five (including Escobar) contested removal and started immigration proceedings; and one was prosecuted for illegal re-entry, according to an Immigration and Customs Enforcement spokeswoman.

On Tuesday, three of the five who contested removal attended their last of about three court hearings at the U.S. Immigration Court in Salt Lake City in front of Judge William Nixon.

The three - Escobar; Jose Vigil of El Salvador; and Roger Flores Ulloa of Honduras - fidgeted and waited in a crowded waiting room and court room for two to three hours until Nixon individually called them to the front to sit next to their lawyer, Lance Starr.

In a letter, Escobar requested that Nixon give him an extension to find a new attorney because Starr was charging him more than they agreed on. Escobar also later said he was hoping he could find a lawyer that could find a way for him to stay and work.

Starr said Escobar is not eligible for any immigration benefits to stay here. The only ways undocumented immigrants can request to stay in the United States is: They have a relative that can petition for them; they have been in the country more than 10 years; they fear persecution in their homeland; and they have a special skill needed for a certain job here, Starr said.

Nixon said he had already granted Escobar two previous extensions and he just couldn't continue to give him another hearing when there was no way he could possibly stay in the country.

"There's just nothing the court can do for you," Nixon told Escobar through a Spanish translator.

The three undocumented workers admitted to four counts of civil allegations that they were from other countries and entered the United States without an immigration agent inspection. They were granted "voluntary departure," in which they agree to return to their homelands on or by May 8, 2007, without any cost to the U.S. government.

They said they were sad and worried.

Flores Ulloa, in his early 20s, didn't say much.

Vigil, 23, thought about his new, better life in the United States since he left El Salvador two years ago. He has his good job in a factory. His apartment and car. How would he say good-bye to his girlfriend?

"Four months goes quickly, very quickly," Vigil said in an interview. "I don't want to go."

Escobar, 32, is stressed that he hasn't saved enough money to build a house or start a business in El Salvador. He works at a factory and makes about $1,200 a month - about $400 goes straight to his homeland to help support his wife and three young children. If Escobar returns to El Salvador, he said he'll only be able to make about $200 a month as a mechanic.

"I'm sad," Escobar said. "I haven't made enough money."

Here's a look at undocumented worker Santos Cuellar Escobar's case: 2006 - April 19: Federal agents arrest seven current and former IFCO Systems North America Inc. managers and 1,187 undocumented workers. Escobar is one of 13 undocumented workers picked up at the Tooele IFCO facility.
- April 21: Escobar is released from the Immigration and Customs Enforcement office in Murray.
- July 18: Escobar attends his first immigration hearing at the U.S. Immigration Court in Salt Lake City under Judge William Nixon. Escobar gets about a three-month extension for another court hearing to get a lawyer.
- Oct. 10: Escobar gets a three-month extension for another court hearing for his lawyer, Lance Starr, to be able to review his case.
2007 - Tuesday: Escobar asks Judge Nixon for more time to hire another lawyer. But, Nixon suggests he stay with Starr. Escobar admits to four civil allegations of being in the United States illegally. He is granted "voluntary departure," in which he promises to leave the country and return to El Salvador on or by May 8, 2007.