Thread: Judge: ICE had cause for arrests

http://www.tallahassee.com/apps/pbcs.dl ... 60323/1010

Article published Aug 26, 2006
Judge: ICE had cause for arrests

By Chitra Subramanyam
DEMOCRAT STAFF WRITER
A federal judge ruled Friday that agents had probable cause in arresting six men last week in Tallahassee on a criminal complaint that they were carrying fake immigration papers.

Jose Munoz-Cabbaro, Miguel Diaz-Pimentel, Jaime Ambris Sebastian, Jose Duarte Sanchez and Sergio Hernandez-Hernandez were arrested at the Marcus Meadows trailer park on West Tennessee Street on Aug 17; Juan Juarez was arrested the same day at a Wal-Mart.

Immigration and Customs Enforcement filed the complaint against the men. Formal charges would be made only after a grand jury indictment. The men are being held in federal custody.

William Clark, the federal defender representing Juarez, said such immigration cases are rare in Tallahassee. Usually, the cases involve people who are in prison or who have been arrested on other charges. But a case where a person was "picked up on the street for being illegal, you don't ordinarily see that," he said.

Richard Greenberg, the attorney for Sebastian, said this is the second immigration-related case he has worked on. "We are starting to see more and more of them," he said.

There also has been an increase in cases at the federal court in Panama City, Clark said. Seven such hearings are scheduled before L. Bodiford, U.S. magistrate judge in Panama City, next week.

In the courtroom Friday, barely 10 minutes into the hearing, Clark grilled William Maxey, special agent with Immigration and Customs Enforcement, on their procedures in identifying and arresting undocumented workers.

Clark asked how the agents were able to identify Juarez at Wal-Mart.

They had a description, Maxey replied.

Clark asked Maxey what the agents had asked his client.

Questions on his "alienage and reason for being in the U.S," Maxey said. That was, he added, because of an ongoing investigation involving human trafficking.

What made Juarez look suspicious, Clark asked. Could agents walk up to anyone and ask questions?

"Can you ask me for my proof of citizenship? And if I can't provide it, then can can you take me into custody?" Clark asked.

Maxey said he didn't know the answer to that question.

Before Clark could go any further, U.S. Magistrate Judge William Sherrill asked him to stop. It was becoming an argument, the judge said.

After the questioning, Sherrill ruled that there was probable cause for the arrests.

But a case where a person was "picked up on the street for being illegal, you don't ordinarily see that," he said.

But we're certainly looking forward to seeing more cases like this in the very near future.

Before the gates were opened, this used to be a common occurrence, but Bush wants Mexico to move North. I can remember when an illegal alien was captured it was big news.