Thread: Expunged Record No Help With Immigration Enforcement

Expunged Record No Help With Immigration Enforcement

By SARAH BODEN • 4 HOURS AGO

• The headquarters of the U.S. Immigration and Customs Enforcement.
  WIKIPEDIA / SER AMANTIO DI NICOLAO
  

The Iowa Supreme Court says it can’t grant post-conviction relief to an immigrant trying to avoid deportation.

In 2011, Victor Hernandez-Galarza pleaded guilty to using a false social security number to title vehicles. Because of his "willingness to surrender" Hernandez-Galarza was offered a deferred judgment for lesser charges.

Hernandez-Galarza successfully completed probation and his record was expunged.

The state of Iowa doesn’t consider a deferred judgment to be a criminal conviction, but U.S. Immigration and Customs Enforcement does. Now Hernandez-Galarza may be deported.

Hernandez-Galarza applied for post-conviction relief. He says his attorney didn’t explain the immigration consequences of his plea.

Today the Iowa Supreme Court ruled it has no power to protect Hernandez-Galarza from deportation, since it can't tell the federal government how to interpret a deferred judgment. So Hernandez-Galarza may be deported with a cleared criminal record.

http://iowapublicradio.org/post/expu...on-enforcement

Expunged or not, the man still committed the crime! Hell, I don't even know why we're having this conversation. He is a known illegal and should be deported based simply on that fact alone.

We have to deal with Hernandez-Galarza directly, but really, 'Bama & Co. are the people who should be being punished. They're the ones who signaled the Hernandez-Galarzas of this world that Americans would not protect their own people.
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Not enough here to be clear on judgment of this case. What year did he arrive, what year(s) did he commit using false Id to obtain titles, what year was he adjudicated for same.

Don't you wish reporters would get trained before attempting to pretend that they are? More evidence that a degree does not mean that you are trained, isn't it? Who has the right to demand educational refunds, the student or the Pell grant provider? Maybe the bank holding the bag for the student loans?