Thread: Prosecutor: Asylum seeker turned coyote shows 'critical need' for immigration enforce

Prosecutor: Asylum seeker turned coyote shows 'critical need' for immigration enforcement

July 5, 2018



A federal prosecutor in Knoxville on Thursday took direct aim at the controversy over the Justice Department’s illegal immigration crackdown – pointing to the case of an asylum seeker who smuggled undocumented immigrants for money after she won temporary freedom pending her appeal.

Marlen Abigail Hernandez-Lanza, 25, sought refugee status after fleeing Honduras at the age of 22 but was denied, according to court records and statements in U.S. District Court Thursday.

But she was allowed to go free and remain in the U.S. pending a June 2019 appeal hearing.

Speeding to Baltimore

In January, the Tennessee Highway Patrol stopped her vehicle on Interstate 40 in Knox County on a speeding violation. Inside the vehicle were three men – one from the Dominican Republic and two from Sri Lanka.

U.S. Immigration and Customs Enforcement Agent Trevor Christensen said in a court filing Hernandez-Lanza later admitted she had been serving as a “coyote”
– someone who charges undocumented immigrants exorbitant fees to smuggle them into and around the U.S. – while free in her asylum case.

She earned $1,000 on most trips and has smuggled undocumented immigrants into New York; Jacksonville, Florida; Orlando, Florida; Savannah, Georgia; Nebraska and Maryland, he wrote.

She was taking the two Sri Lankan men to Baltimore, Maryland, which Assistant U.S. Attorney Bart Slabbekorn noted was near the nation’s capital — when he used her as an example of why the Justice Department’s immigration enforcement crackdown is important.

“The defendant was transporting them to Baltimore, Maryland, a location within 30 miles of our nation’s capital,” Slabbekorn told U.S. District Judge Pamela Reeves. “That is a very dangerous situation … The defendant … was granted bond while her (asylum) appeal was pending. What did she do with that bond?

“She showed no respect for the laws of this country,” he said. “She was given an opportunity for her refugee claim to be appealed and given bond and this is the way she chose to use that. This underscores the critical need to enforce immigration laws in this country.”


A U.S. Customs and Border Protection agent demonstrates how humans are smuggled via car
across the border, during a Border Safety Initiative event to raise awareness among the media
of the dangers migrants face. Nick Oza/USA TODAY NETWORK

Defense: Fear overblown

But Assistant Federal Defender Jonathan Moffatt told Reeves the prosecutor’s fears were overblown.

“My information was these Sri Lankans were released (as no threat),” Moffatt said, adding that Baltimore, Maryland, has a community of Sri Lankan refugees living there already.

Moffatt said his client won’t be freed again – regardless of whether Reeves ordered more jail time for her in the smuggling case. ICE has filed a detainer against her and will initiate deportation proceedings as soon as her criminal case is complete.

“Because of the immigration hold, she’s already served six months in jail,” he said.


U.S. District Judge Pamela Reeves
is shown in this undated photo.
(Photo: submitted)

Moffatt urged Reeves to sentence Hernandez-Lanza to the time she’s already spent in jail so ICE can begin deportation. The maximum sentence she faced under federal sentencing guidelines for transporting undocumented immigrants across the border was a year in jail.

Reeves ruled there was no pointing in holding Hernandez-Lanza in a federal prison a few more months since she will be transferred to an immigration detention facility upon release anyway.

“You could remain in custody weeks, if not months, until your immigration issue is resolved,” Reeves said


https://www.knoxnews.com/story/news/...ing/758882002/

NO ASYLUM APPLICATION AT PORTS OF ENTRY!

They must apply in their country, be vetted, get medical exam and PRIOR approval before showing up on our doorstep!

No papers, no entry...no rights!

No more detention centers warehousing THOUSANDS of people...do not let them step foot on our soil.

Marlen Abigail Hernandez-Lanza, 25, sought refugee status after fleeing Honduras at the age of 22 but was denied, according to court records and statements in U.S. District Court Thursday.

But she was allowed to go free and remain in the U.S. pending a June 2019 appeal hearing.

Basically the same thing as catch & release. Being released while awaiting appeal of her initial denial makes no sense. There should be no appeal process for someone denied asylum at their first hearing. This is one of the loopholes we need closed. I assume the DOJ doesn't have the authority to end the appeals process on their own (it's law), that's why we need the U.S. Congress to act on this nonsense!

“My information was these Sri Lankans were released (as no threat),” Moffatt said, adding that Baltimore, Maryland, has a community of Sri Lankan refugees living there already.

Catch & release of illegal aliens. What about that Executive Order, Mr. President? We must have more detention centers to house the folks until they can be deported. When it comes to a choice of catch & release or more detention facilities, I'll take the increase in detention facilities!

The maximum sentence she faced under federal sentencing guidelines for transporting undocumented immigrants across the border was a year in jail.

Our judicial system is too weak on crime! This lady should have been given 1 year for each illegal she has smuggled in with a max sentencing of 10 years unless caught with a foreign terrorist, which should net you a minimum of 20 years. The sentencing just isn't fitting the crime. Personally, I'd like to see us go back to hard labor and chain-gangs for violent criminals and those involved in the manufacturing, processing, and distribution of illegal drugs. ..... of course that's just me. Today our prisons are too soft and don't serve as a strong deterrent.

Release on their soil...view her "hearing" via Skype!

Get them all out of here with a "Skype Date" 20 years from now!

Originally Posted by MW

Basically the same thing as catch & release. Being released while awaiting appeal of her initial denial makes no sense. There should be no appeal process for someone denied asylum at their first hearing. This is one of the loopholes we need closed. I assume the DOJ doesn't have the authority to end the appeals process on their own (it's law), that's why we need the U.S. Congress to act on this nonsense!

I would like to see default law increased. When you are charged with a crime, according to the Constitution, you are presumed innocent until proven guilty. That is the default. But once you are found guilty, that should be the default, and the burden should be on the "convicted" to prove their innocence. Along the same lines, when a court orders an illegal alien deported, they should be deported and wait for any appeal they file to be granted before they are allowed back in.