"JUST DEPORT ME"
By Alexander H. Lubarsky, LL.M, Esq.
Jose walked into my office. His problem was very usual. His brother Raul was in jail for multiple drunk driving convictions – because he had prior convictions, he was being labeled an "aggravated felon." Raul was born in Mexico and had never become a US citizen although he was in possession of a green card, so the Immigration & Naturalization Service had placed a "hold" on him. This "hold" meant that after he had served his time for the drunk driving conviction, he would not be released into freedom as most people are. No, Raul would be "released" to the Immigration & Naturalization Service who would place him in a new jail (Immigration & Naturalization Service detention center) usually in Bakersfield, Eloy, Arizona or El Centro California. Raul would be forced to remain in this jail until his deportation case could be put before a judge. The bail, if he could win bail, would likely exceed ten or fifteen thousand dollars. Raul could not afford to pay this.
After a few days in the Immigration & Naturalization Service jail in Arizona, Raul was very eager to just regain his freedom. After all, he had already served his time for the drunk driving offense and he should be a free man now, yet he found himself in a new jail. Raul’s brother Jose had hired Community Legal Centers to represent Raul and try to get him out on bail, move his case back to San Francisco and, most importantly, to win his case.
Raul called Community Legal Centers to ask how quickly he could be released. The attorney told Raul that it would take a few weeks to request bail, post bail if the request was granted. Raul was not happy with that. He wanted out immediately. Next Raul asked how much the bail would be. The attorney told him that the minimum he could expect would be $1,500.00. A lot of money for Raul.
Did Raul’s family have $1,500.00 to secure his bail? Yes. Could Raul spend a week or two fighting for bail and fighting his case? Yes. Did Raul want to spend the time and money? No.
One day the Immigration & Naturalization Service officer met with Raul in the jail. The officer offered Raul a fast and cheap way to become free. He asked Raul to sign some "self deportation" papers.
Raul called his attorney and his attorney told him DO NOT SIGN THOSE FOR IF YOU DO, YOU MUST REMAIN OUTSIDE OF THE US FOR THE REST OF YOUR LIFE. Raul did not sign them but after many days he began to talk to Carlos, another Mexican in the jail. Carlos had an easier case to win and was fighting his case. When Raul expressed his frustration at being incarcerated, Carlos said to Raul, "Amigo,– just sign the papers, get free and sneak back across the border after they send you back to Mexico. You won’t have to post a bail, deal with attorneys or wait for a court date. It’s easy." Raul called his lawyer who again pleaded with him NOT TO SIGN the papers. The attorney explained that if he signed the papers he MUST LIVE IN MEXICO FOR THE REST OF HIS LIFE and if he did come back, he could face up to TWENTY YEARS in prison if he was ever detected here.
Raul made the wrong choice. Yearning for freedom, he signed the self deportation document and found himself in Mexico the next day. Raul had little problem sneaking back into the US. There, he joined his family and was very careful to stay out of trouble.
Years later, Raul was out with some friends leaving a party. Approaching a sobriety checkpoint, Raul was tested for alcohol and arrested because he was over the legal limit. The fingerprints at the time of this arrest revealed that Raul had been previously deported as an aggravated felon. With that, the police turned Raul over to the Federal prosecutor who sought to commit Raul for TWENTY YEARS in prison for violating the deportation order. After many months fighting his case with several attorneys, Raul was very lucky to receive a minimum sentence of THIRTY MONTHS in prison followed by immediate lifetime deportation.
Today, Raul has eight months left in prison and then he will be deported for life. If he sneaks back to the US again, he will surely do much more time than thirty months. Had Raul only listened to his attorney and fought his case, he’d probably be a free and legitimate resident today.
Raul’s case is not uncommon. As an attorney I see Raul’s every month. In fact, over twenty percent of all Federal prosecutor cases involve such illegal reentry after deportation. The lucky ones go to prison for thirty months before being permanently deported. The unlucky ones do ten, fifteen or even twenty years in prison!
Don’t become a Raul. If you are in deportation proceedings, DO NOT DEPORT YOURSELF thinking you’ll simply sneak back in to the US. Fight for your rights even if it means a bit of time and money. It is far better than losing up to twenty years of your life.
Lastly, remember that knowledge is power and you owe it to yourself to remain well versed in the law. Ignorance of the law never has been and never will be a defense to those who are charged with breaking it. Stay on top of the developments, consult with your immigration attorney frequently and, above all, don’t do anything stupid!
The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information contained learned on this site. Copyright © 2001 Community Legal Centers of California. All rights reserved.