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Family's fears of deportation quelled

May 27,2006
Travis M. Whitehead
Monitor Staff Writer

HARLINGEN — A Starr County family fearing deportation breathed a sigh of relief Friday morning after it learned documents to begin the proceedings had not been filed in U.S. Immigration Court.

Ruben and Maricela Gloria and their six children — four of them U.S. citizens — were featured in the May 21 issue of The Monitor.

The family has lived in the Rio Grande City area for 14 years; no family member has a criminal record and the children do well in school.

However, they have been here without legal documentation, and a routine trip the two oldest children took to the grocery store last month turned into a legal nightmare when Starr County Sheriff’s deputies stopped them on suspicion they were involved in an immigrant smuggling operation. Border Patrol agents became involved and learned of their undocumented immigrant status.

They were scheduled for a hearing Friday morning at the U.S. Department of Justice’s Immigration Court in Harlingen. But when Ruben and Maricela Gloria and their two older children, Ruben Jr. 15, and Blanca, 17, showed up, they learned the court had no documents on their case.

"They are not in proceeding," Judge E. Tovar told Seferino Treviño, an attorney who works with the South Texas Immigration Council, a non-profit organization that helps people with immigration problems. Treviño is representing the Glorias.

Blanca Gloria said her parents didn’t expect this turn of events.

"They were very surprised and very happy that nothing happened," said Blanca Gloria. "My plans are to work and finish school, if I can."

Treviño said the charges may have been withdrawn, but DOJ spokeswoman Susan Eastwood said she had been told the Department of Homeland Security had simply not yet filed charging documents with the Immigration Court.

"When the court receives the charging documents from the Department of Homeland Security, the court will send (the Glorias) a notice when to appear," Eastwood said.

Both the U.S. Border Patrol and Immigration and Customs Enforcement are part of DHS.

Outside the court in Harlingen, Ruben Jr. seemed unsure what to think about the whole situation. He just knows he likes the only home, the only community, he’s ever known.

"I don’t want to leave school," said the recent graduate of Ringgold Middle School. He works with at-risk sixth-graders in his spare time.

"I want to keep trying," he said.

Treviño said had the case been heard Friday, he would have asked the court for time to prepare. He only recently met the Glorias and wanted to investigate the matter further.

At the second hearing, he would have asked the court for a cancellation of removal, but chances were very slim the judge would have granted the request.

"There has to be an extreme hardship if a U.S. citizen is removed, like if a child or husband is sick," Treviño said.

The only other real option, he said, would have been voluntary departure, which he said a judge usually grants if the individuals in question have no criminal history. This would give the family up to 120 days to leave.

Benigno Peña, executive director of the South Texas Immigration Council, said earlier that the Glorias deserve some consideration for their conduct and length of time in the United States.

"First of all, if they’ve been here more than 10 years, and they have children here," Peña said. "They are consumers; they pay taxes like anybody here. They are part of the economy."

Treviño indicated it could take months, or even years, before they have to appear in court. By that time, new immigration laws may have taken effect to change the family’s situation one way or the other.

For now, Treviño is no longer the Glorias’ official representative, because there is no case against them. Trevino told the Glorias to contact him if they receive a notice of a new court hearing and he would begin investigating the case.

"They were happy as hell" when they found out there were no proceedings Friday, Treviño said.

"They came in with frowns and everything, and then as soon as it happened, got out there and told them it was finished, everybody was happy."

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Travis Whitehead covers features and entertainment for The Monitor. You can reach him at 683-4452.