http://www.news-register.net/news/artic ... cleID=8015

Alien Set Free Despite Drug Charge In California

By GABE WELLS Staff Writer



ST. CLAIRSVILLE — U.S. immigration officials have advised the St. Clairsville Police Department that a Vietnamese immigrant living in the city on an expired green card while wanted on California drug charges is residing legally in this country.

Soan V. Nguyen, 44, was released Tuesday from the Belmont County Jail after posting $670 bond following his arrest at 12:26 a.m. Tuesday on charges of speeding, driving left-of-center and driving under suspension.

According to the arrest report, Nguyen’s green card expired in March of 2004, and he is wanted on a “non-extraditable warrant for dangerous drugs” dating back to 1989 out of Los Angeles. The suspect’s Ohio identification card also was expired, according to the report.

Following the arrest, the St. Clairsville Police Department received information from the U.S. Immigration and Naturalization Service that stated Nguyen was “legally residing in the U.S.” St. Clairsville officer Mike Clark then placed a call to INS inquiring how Nguyen could be living legally in the country with an expired green card and a California warrant. He said he was told by an INS official that Nguyen was still legal despite the expired credential, and the suspect will not be extradited.

Today, St. Clairsville Police Chief Martin Kendzora called the situation “puzzling,” and he noted that Nguyen has a lengthy criminal history.

Kendzora and Clark declined to comment on the nature of Nguyen’s prior convictions.

Clark said Nguyen told him the green card had not been updated because he simply had not had time to do so. The officer said the suspect also asked him if he could be released with only a warning.

Clark said, because of similar incidents in recent weeks involving Ohio and West Virginia law enforcement agencies, he expected INS to become involved in the case. The officer described the situation as frustrating.

“With all the trouble and the things that have been brought up, I thought something would transpire,” Clark said.

“I thought they would do more. If his green card is expired, how can he be legal? That’s the problem I have.

“We are here to enforce the laws, but our hands are tied,” he added.

“What is it going to take for something to transpire. It’s going to come back on them (INS), not us.”