Thread: Judge Jails Illegal Alien On Speeding Ticket

Judge Jails Illegal Alien On Speeding Ticket
Montoya Must Serve 5 Days, INS Notified

http://www.chattanoogan.com/articles/article_95544.asp

October 27, 2006

General Sessions Court Judge Bob Moon on Friday gave jail time in a speeding case to a man who admitted he is an illegal alien.

Judge Moon said Giovanna Montoya would have to serve 10 days at the workhouse at two-for-one on the Class C misdemeanor.

The judge said, "It's not about speeding or money. It's about coming to this country illegally - being here when you are not supposed to be."

He added, "I took an oath to uphold the law and I don't think I can just let someone who committed a felony just walk out of my courtroom."

Judge Moon said, "I have a hard time releasing anyone who confesses before me that he has committed a federal offense."

Montoya told the judge he paid a smuggler $1,800 three years ago to get him from Mexico across the border in Arizona.

He said he previously worked for Raphael's restaurant and has worked for the past month for T.S. Construction.

Judge Moon said speeding is a misdemeanor that carries up to a $50 fine and 30 days in jail.

He said afterwards, "When any court becomes apprised that a defendant is residing in this community and this country illegally, it is irresponsible to simply allow that defendant to pass from his or her courtroom back into illegal freedom. I have instructed the Hamilton County district attorney general to immediately notify the United States Immigration and Naturalization law enforcement authorities. I am seeking guidance and a policy statement from the INS on this serious matter. If the INS has no interest in the two to three illegal aliens that pass through my courtroom in a single day, then I will immediately release the defendant on the underlying charge.

"Most of the Latino-Hispanic defendants that come before me are seldom charged with very serious crimes. Most are charged with only misdemeanor traffic offenses. Almost all are employed and contribute significantly to production and to our local work force. Nevertheless, it is difficult to expect a judge to shut his eyes to the federal offense of illegal residency being committed in his presence.

"I have no authority to enforce those federal laws. However, I took an oath to uphold the law and not to ignore the law. Hopefully, the INS can give us some much-needed guidance and direction on how to deal with those illegal aliens in our community who routinely come before local judges."

Judge Moon noted that Gov. Phil Bredesen earlier this week stated, "State and local governments must step up and fill the void left by the federal government." Judge Moon said, "I agree. The General Sessions Court of Hamilton County probably has more illegal immigrants pass through its doors daily than Taco Bell. Up until now, we have simply shut our eyes, ignored it and pretended it was someone else's problem."

Illegal alien was not only speeding, he was working, he was driving...

Yea, and they say there is nothing illegal about illegals.

Got a little time? E-mail a hero!

CriminalClerk@HamiltonTn.gov

Dixie

This judge is my hero.

Judge Moon said, "I agree. The General Sessions Court of Hamilton County probably has more illegal immigrants pass through its doors daily than Taco Bell. "

I am seeking guidance and a policy statement from the INS on this serious matter. If the INS has no interest in the two to three illegal aliens that pass through my courtroom in a single day, then I will immediately release the defendant on the underlying charge.

Unfortunately I can tell him in advance what ICE is going to say. They will tell the judge that they don't have the manpower or holding facilities to deal with the illegal immigrants convicted of a misdemeanor. Upon hearing this, the judge will have no recourse, but to release the illegals back into society.

This is a scenario that is being repeated all over our country on a daily basis.

Originally Posted by MW

I am seeking guidance and a policy statement from the INS on this serious matter. If the INS has no interest in the two to three illegal aliens that pass through my courtroom in a single day, then I will immediately release the defendant on the underlying charge.

Unfortunately I can tell him in advance what ICE is going to say. They will tell the judge that they don't have the manpower or holding facilities to deal with the illegal immigrants convicted of a misdemeanor. Upon hearing this, the judge will have no recourse, but to release the illegals back into society.

This is a scenario that is being repeated all over our country on a daily basis.

LOL, now look who's being cynical, MW :P
Think about ICE hearing from a Judge.......then another judge and another after that. Perhaps this Constitution loving judge just might stimulate some courage in others and we get a chain reaction.

It's all good in this judge's courtroom.

Originally Posted by Dixie

Illegal alien was not only speeding, he was working, he was driving...

Got a little time? E-mail a hero!

CriminalClerk@HamiltonTn.gov

Dixie

Email sent. Thanks for the address.

2ndamendsis wrote:

Think about ICE hearing from a Judge.......then another judge and another after that. Perhaps this Constitution loving judge just might stimulate some courage in others and we get a chain reaction.

It's all good in this judge's courtroom.

I would agree with you for the most part, but doesn't this comment concern you?

If the INS has no interest in the two to three illegal aliens that pass through my courtroom in a single day, then I will immediately release the defendant on the underlying charge.

While I do believe the judge is honestly concerned, I can't ignore the fact that some of his interest may lie in self-preservation. Wouldn't it be to his avantage to have an officially signed statement by ICE to cover his own butt. Remember, he may someday in the near future have to explain to the voters why he released illegal immigrants back into society.

Here's the kicker, the judge made to comment to indicate that he would demand ICE take the illegal aliens into custody. This leads me to believe that he won't lose any sleep over releasing the illegals if ICE so directs it.

Just attempting to look at all sides of the issue.

Originally Posted by MW

2ndamendsis wrote:

Think about ICE hearing from a Judge.......then another judge and another after that. Perhaps this Constitution loving judge just might stimulate some courage in others and we get a chain reaction.

It's all good in this judge's courtroom.

I would agree with you for the most part, but doesn't this comment concern you?

[quote:31z06mku]If the INS has no interest in the two to three illegal aliens that pass through my courtroom in a single day, then I will immediately release the defendant on the underlying charge.

I certainly don't blame the judge for covering his posterior, especially if he's eleced to office. I would hope more judges start to contact ICE.
Personnally, I believe we need local law enforcement to take them to a designated detention center for ICE to pick up. Eack state would have at least one. The cost of time and transportation, for the local police should then be reimbursed by the Feds. Ice would pay for detention center. It could be a county jail, state prison, private facility.



While I do believe the judge is honestly concerned, I can't ignore the fact that some of his interest may lie in self-preservation. Wouldn't it be to his avantage to have an officially signed statement by ICE to cover his own butt. Remember, he may someday in the near future have to explain to the voters why he released illegal immigrants back into society.

Here's the kicker, the judge made to comment to indicate that he would demand ICE take the illegal aliens into custody. This leads me to believe that he won't lose any sleep over releasing the illegals if ICE so directs it.

Just attempting to look at all sides of the issue. [/quote:31z06mku]

I think the judge is aknowledging that we've entered anarchy. If the Fed doesn't want enforcement of federal law why should anyone be sentenced for anything?