Wednesday, September 24, 2008

U.S. v. Gomez-Leon (9th Cir. - Sept. 24, 2008)

As anyone down here knows, the process is slow. But, eventually, if you commit enough crimes, and if you return after being deported again and again and again, they're eventually going to let you stay in the U.S. for a while. But you'll do so in prison.

Here's a glimpse into how border crimes have -- for better or worse -- historically been treated:

"[Gomez-Leon] entered the country illegally as early as 1994. In 1998, he came to the attention of immigration authorities when he was convicted for driving a vehicle under the influence of alcohol and without a license. That same year, he was removed to Mexico following a removal hearing before an immigration judge. Gomez then reentered the country illegally. In 1999, he was convicted of violating California Health & Safety Code section 11379(a), an offense involving controlled substances. He was removed to Mexico once again in 1999. Gomez again illegally reentered the country. He was convicted in 2000 of receiving stolen goods and of driving under the influence. He was removed to Mexico a third time in 2000. On November 4, 2003, he was convicted in California state court of vehicular manslaughter while intoxicated without gross negligence, Cal. Penal Code § 192(c)(3) (1998), for which he was sentenced to two years’ imprisonment. Following his release, Gomez was once again removed to Mexico in 2004. Six days later, Gomez was arrested at the Mexico-United States border and charged with the instant offense of attempted reentry. Following a non-jury trial, Gomez was found guilty and sentenced to 84 months’ imprisonment with three years of supervised release."

Not much time between the offenses and removal and reentry and reoffending, eh?