Thread: Immigrant issued one-month reprieve

http://www.dhonline.com/articles/2005/0 ... news03.txt

Immigrant issued one-month reprieve

By Jennifer Moody
Albany Democrat-Herald

An Albany man who stands to be deported to Mexico has received a one-month continuance while immigration officials continue to research his case, according to his family.

Fabian Ruiz, 30, had a hearing Wednesday in immigration court. His attorney, Raquel Hecht of Eugene, is appealing a deportation order, saying Fabian's absence would result in "extreme hardship" to the family.

Fabian is married to a U.S. citizen and has four children ranging in age from 16 months to 10 years. His wife, Amy, and several members of their church, North Albany Community Church, all attended the hearing.

"I really believe that because all those people were there, that it is why there was not a negative decision made," Amy wrote in an e-mail to the Democrat-Herald. "The prayers and support of our church and many other friends is why we haven't lost this case yet."

It is possible, under certain circumstances, to have a deportation order canceled. Among other things, the person in question must have been in the country for more than 10 years and have no criminal record. Those are the circumstances Hecht is arguing.

However, under a 1996 immigration law, someone who is in the country illegally for more than a year and then leaves is banned from returning for 10 years.

Fabian, a native of Nogales, Mexico, has lived in the United States illegally for the past 11 years. He went home briefly in 1998 and was caught by the Border Patrol on his return.

"Because that happened, the judge's view is that he is not eligible for cancelation of removal," Amy wrote. "The lawyer does not view it that way."

At the border, Amy said, when immigrants are caught, they are supposed to get a hearing. If they don't, they are to be issued a piece of paper to sign that states they are accepting "voluntary departure" without a hearing.

Ruiz testified in court Wednesday that he was never given a paper nor asked to sign anything. He said the border police asked his name and birthday, took his picture and took him back across the border.

"The judge told us that he was going to issue a continuance to let the government have a chance to locate a paper that the government said that Fabian should have signed," Amy wrote.

In the meantime, she said, the family is hoping that a decision will be published in a similar case Hecht argued May 4 for the federal 9th Circuit Court of Appeals. Other attorneys have successfully argued in other federal circuit courts that a turnaround at the border should not interrupt the 10-year stay that might make a person eligible for cancellation of removal.

"She felt it was very positive and hopes that she will have a victory. If she does, this will set precedent for our case," Amy wrote.

I think the reprieve is justified to clarify the case. That is the American way. However, if his case is denied after 30 days, he does not have to go home but he has to get out of HERE

Originally Posted by Sixx

I think the reprieve is justified to clarify the case. That is the American way. However, if his case is denied after 30 days, he does not have to go home but he has to get out of HERE

I posted this mostly due to some "case law" listed in the article.

Yes, I think the 30 day is justified here, simply to make sure that all items are sorted out. being married, he is not "too" likely to be a flee candidate, and if he DOES flee, he will be outa the country (most likely).