http://www.nbc17.com/news/6716709/detail.html

POSTED: 6:04 pm EST February 3, 2006
UPDATED: 6:07 pm EST February 3, 2006

RALEIGH, N.C. -- A local family that has spent the past month fighting to clear a teen's name has won a bittersweet victory against federal immigration officials and the Raleigh police gang squad.

Jose Prudente-Hernandez was among seven Hispanic teens arrested Dec. 11 at the Raleigh Flea Market Mall on Capital Boulevard. Police said the group was asked to leave the area, and the teens then acted aggressively toward officers.

Three of the teens were released, but Prudente-Hernandez and three others -- Freddie Reyna-Martinez, Esteban Mendoza-Matamoros and Jorge Dominguez-Cabrera -- were accused of being gang members because of their tattoos and their behavior. They were then handed over to immigration agents.

Prudente's family has been fighting a legal battle since then to clear his name with immigration officials. If he were deported to Mexico labeled as a gang member, he likely would never be allowed to legally re-enter the U.S.

This week, federal prosecutors decided to drop the gang charges against Prudente after a retired Wake County Sheriff's Office investigator testified on his behalf that his tattoos aren't gang-related.

Immigration officials plan to release Prudente as soon as his family can buy a plane ticket for him to be sent back to Mexico. Relatives are making arrangements with members of their church to help take care of him in Mexico.

Juan Prudente said he's happy with the family's victory, but remains disappointed his brother won't be allowed to stay with his family in the U.S.

"I do feel better with that, but it's just like, you're innocent but you still have to pay. That's the point I don't understand," Juan Prudente said.

Jose Prudente will eventually be allowed to re-enter the country, although Raleigh police still insist all four Hispanic teens are gang members.

Immigration officials are holding the other three teens in Alabama until their trials, which are scheduled for March 7.