By: BERTRAND M. GUTIERREZ | Winston-Salem Journal
Published: July 05, 2012
Updated: July 05, 2012 - 11:46 PM



Deportation seems imminent for Uriel Alberto, a Mexican-born immigrant activist in Winston-Salem who gained national attention in March when he went on a 10-day hunger strike.

U.S. Immigration and Customs Enforcement in Atlanta has declined Alberto's request to stay in the U.S. under President Barack Obama's latest, more lenient policy toward certain young immigrants, according to his immigration attorney, Helen Parsonage, a partner at Elliot Pishko Morgan PA in Winston-Salem.

On Alberto's behalf, Parsonage asked for deferred action — a type of reprieve on deportation proceedings that ICE may grant as part of its power to exercise prosecutorial discretion. Under Obama's deportation-policy announcement June 15, the reprieve would last two years and could lead to a work permit but it does not provide a path to citizenship or legal status.

Certain immigrants may qualify for deferred action if they have not been convicted of a serious misdemeanor — among other restrictions. Although ICE has not given a reason for declining Alberto's request for deferred action, Parsonage said she believes the request was rejected because Alberto has a DWI conviction, which is considered a serious misdemeanor.

Word of ICE's rejection came this week. Still, Parsonage said, "We're going to do whatever we can to keep Uriel here."

Alberto, 25, gained national attention in March while staging a hunger strike in the Wake County jail. He landed there after he and other protesters disrupted a meeting of the state House Select Committee on the State's Role in Immigration Policy, which was set up to consider hard-line laws to deter illegal immigration.

Alberto was charged with misdemeanor disorderly conduct and violating building rules, and the arrest put him in the crosshairs of ICE.

On Monday, he entered an Alford plea in Wake District Court to the charges related to the protest, acknowledging that there was enough evidence to convict him but not admitting guilt. But that conviction, which he is appealing, is probably not what led to ICE's rejection, Parsonage said.

The rejection was probably based on the DWI conviction Alberto got in 2008, she said. Alberto registered a 0.04 percent blood alcohol content (the state limit is 0.08 percent) when he was younger than 21, he said. And he has other traffic-related convictions, such as driving without a license.

Alberto, once a track star at Parkland High School in Winston-Salem, said he hardly knows Mexico and still hopes he will be allowed to stay in the U.S., the country in which he has lived since he was 7.

"Right now, it's really in their hands," Alberto said, referring to ICE.

Parsonage said that one option she might pursue is to ask the central ICE office in Washington to reconsider Alberto's request for deferred action. The process could take months.

Meanwhile, the grassroots immigrant advocacy group El Cambio, which has members in Winston-Salem as well as Yadkin and Surry counties, said that it would stand by Alberto and do what it can to bring attention to his situation — whether by starting a petition, making calls to ICE or holding rallies.

Wooten Gough, a Winston-Salem resident who started El Cambio two years ago, said Alberto should not be judged on one event that happened in his early 20s. He is much more than that, Gough said. Alberto is also a loving father, whose son is a U.S. citizen, and he helps support his immediate family, Gough said.

"The only reason he is in the immigration system right now is because he stood up for what he believes in at the immigration hearing," Gough said. "Is that the kind of U.S. that we envision ourselves living in? Do we really want to feed this system of punishment?"

Alberto's case has stirred debate over what the U.S. should do with the estimated 1.4 million immigrants who arrived as children but who do not have authorization to live in the U.S. While supporters of Obama's policy say such immigrants should be given a chance to contribute to society, critics say they have been a burden on taxpayers and granting leniency would invite more illegal immigration.

"I'm glad to hear this," said state Rep. Dale Folwell, R-Forsyth, a member of the House immigration committee. "This is the first example I've heard of that the federal government is doing their job. … North Carolina has been a magnet for illegal immigration for way too long."

One Old Vet

Feds reject activist's request to stay in U.S. | JournalNow.com