Thread: ORE-Court: Illegal alien is headed for prison

Court: Illegal alien is headed for prison

By Terry Karkos , Staff Writer
Wednesday, July 16, 2008
RUMFORD - A Mexican national picked up by Rumford police last fall in a homeless shelter where he was living and caring for his dying wife and their children, was sentenced on Tuesday morning in U.S. District Court in Portland.

Roberto Gonzalez-Leal, 32, of Mexico, was convicted on a felony charge of illegal re-entry by a removed alien and sentenced by Judge George Z. Singal to eight months imprisonment - with credit for time served - and three years supervised release.

Singal remanded Gonzalez-Leal, who is also a convicted drug dealer, back into custody of the U.S. Marshal's Office. He also imposed conditions, from not possessing dangerous weapons or drugs to allowing DNA to be collected as directed by his probation officer.

Held in Cumberland County Jail in Portland since Nov. 27, 2007, Gonzalez-Leal was also ordered after completing his prison term to be surrendered to the Department of Homeland Security's Bureau of Immigration and Customs Enforcement for deportation.

If deported, he must remain outside the U.S. during his period of supervised release.

Calls Tuesday afternoon to federal prosecutor Craig M. Wolff and Gonzalez-Leal's lawyer, Robert A. Levine in Portland, were not immediately returned.

According to court documents, the conviction stems from Gonzalez-Leal's re-entry without permission after having been removed from the U.S. on Feb. 9, 2007, at El Paso, Texas.

Gonzalez-Leal, who pleaded guilty on April 1, has been held eight months in the Portland jail since Rumford police received an anonymous tip regarding an illegal alien living in a homeless shelter.

A Rumford officer went to the shelter and found Gonzalez-Leal, who was held at the police station until transferred to custody of the U.S. Immigration and Customs Enforcement.

U.S. Attorney Paula D. Silsby praised the investigation conducted by ICE and Rumford police in a new release about the case.

Rumford police Chief Stacy Carter downplayed his department's role.


"We just got a little information and went over there and located him. Our involvement was minimal," Carter said.

Levine sought less jail time for his client rather than the typically imposed range of 12 to 18 months.

"The public does not need to be protected from (Gonzalez-Leal's) further criminal conduct," Levine stated in a pre-sentencing report.

"He returned to the United States not to commit more crimes, but to live a quiet life with his U.S. citizen wife and children. ... imposing a sentence greater than time served, does not afford just deterrence to his criminal conduct of returning to the United States, or promote respect for the law.

"In fact, it does the opposite. It punishes (Gonzalez-Leal) for his love of his family and his desire to return to them in the only environment and economic climate that would sustain them in good health and with adequate medical care for their myriad of health concerns," Levine said.

Gonzalez-Leal's wife, Victoria, a Tennessee native formerly of Rumford, met Gonzalez-Leal in 2003 while living in Kentucky. She is terminally ill with Crohn's Disease, a type of inflammatory bowel condition, and terminal colon and cervical cancer. She had undergone more than 30 surgeries when her husband cared for her and their three young children, who also have some health problems.

Levine said the family moved in October from Kentucky to Rumford where Victoria's mother lives and "where he thought they would be free from the scrutiny of immigration officials."



http://www.sunjournal.com/story/274681- ... or_prison/

JAIL him and her mother can take care of her and the kids. They didn't think about her disease while they kept having kids?!?!? DEPORT after jail.

Just a note to FedUpInFarmersBranch...

I believe the Portland involved here is the 'other' one - Maine.
(The mention of Rumford gave it away for me - I've been there)

...No big deal, don't worry about it.