Thread: Judge Throws Out Deportation Case

Judge Throws Out Deportation Case By JACQUES BILLEAUD, Associated Press Writer
30 minutes ago



PHOENIX - A judge on Thursday threw out the deportation case against four young people who were taking part in a high school science competition near the Canadian border when the government found out that the students were brought to the U.S. illegally as toddlers.

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U.S. Immigration Judge John Richardson granted a request from the four to exclude key evidence in the case, ruling that agents questioned the students based on their Hispanic appearance.

Tim Counts, a spokesman for Immigration and Customs Enforcement said no decision has been made yet on whether to appeal.

Jaime Damian, 20, Yuliana Huicochea, 20, Oscar Corona, 20, and Luis Nava, 21, were on a school trip in June 2002 to compete in a solar-powered boat competition near Buffalo, N.Y., when they drew the attention of immigration officials.

The students wanted to make a side trip to Niagara Falls in Canada. Federal agents looked into their immigration status after a teacher asked whether the students would be allowed to return to the United States with only their student IDs.

All have finished high school, and three of them are either enrolled or have completed college.

During their attempt to cross the border, the students said they faced aggressive questioning about their identification, country of birth and when they were brought into the country. Three of the students testified that border officials made racially offensive comments in their presence.

A female border supervisor, whose name none of the students remembered and who was not identified in court, had said the students may blend in in Hispanic-heavy Arizona but not in Buffalo, the three testified.

Two of the students also testified that a border agent suggested he might go get some Mexican food, prompting a smirk from another officer.

Nava said he interpreted the statement not as a genuine plan for a meal, but a comment on the Mexican heritage of the students.

"It was offensive," Nava said. "I cannot believe he said that."

Martin Mahady, then a border inspector, said he did not hear anyone making racially derogatory comments in the presence of the students.

Jane Juliano, principal of the high school the four attended, said a female border official said she could send the four to Mexico immediately unless the school sent the students' birth certificates.

"She said, 'Don't send your illegals to New York,'" Juliano said, explaining that the comment came up as she tried to emphasize that the students were on a field trip and should be protected.

An estimated 65,000 illegal immigrants who have lived in the United States for at least five years graduate from high school each year, according to the Urban Institute, an economic and social policy research group.

Advocates for immigrants say it is rare for students who aren't legal citizens to undergo deportation proceedings after spending most of their lives here. They say Congress should approve a proposal to give children of illegal immigrants the chance to become U.S. citizens
http://news.yahoo.com/s/ap/20050721/ap_ ... t_students

Bye-bye Judge imposter Richardson!

And what law was this based upon?

See....you can't have a hearing. If they don't have papers and can't produce them, they are out. Period. It doesn't matter what questions our officers ask, so long as they ask "do you have papers". If the answer is no, then good-bye and here is your Happy Meal!

I (unfortunately) am an AZ resident and am outraged about this case. When I saw the news report today I called "BULLSH*T". This appears to be another case of Judicial legislation. This Judge has cont'd this case in the hopes that a "bill" will pass so these "successful" illegal immigrants won't be deported. I have tried to find out info on this Judge and have come up with nothing except references back to this particular case. Is this an Activist Judge? Does anyone know his record regarding this issue?

I have friends that are on Greencards/Visa's from Europe. When their visa's are up INS is hunting them down to deport yet hundreds of thousands of Hispanic illegals are still able to utilize US agencies, not pay taxes and drain our local economies. I looked into a work visa to go to Europe and you can not get a EU visa unless you can prove you could contribute beyond what someone with in the EU could. Why haven't we adopted this?

Living in a border state I have seen the influx of illegals and the turned eye of local government officials and law enforcement. Can we not round up illegals at the day labor sights? Unfortunately, I see an increased population in the Midwest even small Midwestern towns. AZ there is an outcry that we don't leave water in the desert to help illegals when they cross the desert during the dead of summer but is this truly our responsibility?

So many have legally immigrated from political aslyum to wanting a better life in U.S. Many families have been split up for years while paperwork is processed. Yet when it come to walking across the border we should close our eyes? Turn our heads? Say that these family hardships should not apply to families just beyond our border? I think we also need to focus on the negative impacts to our national economy and security.

Ok.. I just had to get that all out!

Merrijul!! Whew!! And I'm so glad you did get it all out because people need to hear the truth about illegal immigration.

merrijul
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