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From:  [NAME WITHHELD]  

This is a shocking article, but shows how the INS has become a lawless agency.  This man is deportable under several sections of the laws dealing with deportation.  First, he is a drug user.  Drug users are deportable.  Second he has a drug conviction. There is no waiver for a drug conviction and deportation is mandatory. Only a pardon from the president or the governor of California can remove the conviction, and hence the deportable offense.  Third, he has multiple re-entries after deportation. Fourth, any conviction for re-entry after deportation is a Crime Involving Moral Turpitude, in itself a deportable offense, whether it was a misdemeanor or a felony.  Fifth, a conviction of any crime where the possible punishment is over five years is a deportable offense.

The INS claims that one of its priorities is to remove convicted criminals, but in this case it has not even made that effort. While this problem is national in scope, the District Director for the Los Angeles District of the INS is Thomas Schiltgen, who was also recently District Director of the San Francisco District. While there he essentially ended enforcement of the Immigration and Nationality laws.  Arrests by agents there dropped dramatically and the same policy has been implemented in the Los Angeles District.  Here, one of the INS problems is personnel who work to subvert the laws of the U.S.  The nominee for Commissioner of the INS has said one of his priorities is controlling District Directors, but I doubt that he will have any success, especially as Dubya is hotly pursuing the Mexican vote.

Thanks.

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Man Gets Break in Fight to Stay Here
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Immigration: Deportee sentenced to probation instead of prison for illegally reentering U.S.

July 31 2001

"Good luck to you," a Los Angeles federal judge told Tony Alvarado on Monday as he sentenced the gang member turned model citizen to two years probation for illegally reentering the United States.

U.S. District Judge George H. King's award of straight probation came as something of a surprise.

The 30-year-old San Fernando man had expected to be sentenced to six months in prison under a plea agreement earlier this year in which his offense was downgraded from a felony to a non-deportable misdemeanor. "I'm very grateful," Alvarado said outside the courtroom. "The judge was very lenient."

Alvarado's fight to remain in the U.S. has generated wide public notice.

An illegal immigrant almost since birth, Alvarado grew up in public housing, joined a street gang and went to jail at age 19 for possession of PCP.

Afterward, however, he "burned his gang clothes" and reformed, his defense lawyer, David Katz of Beverly Hills, said in court Monday.....

August 04, 2001