Victim`s Mother Prevails—Child Molester Deported!
by Juan Mann on Loretta Schloerb`s case:
Board of Immigration Appeals decision [PDF] – In re: Jose
Barrios Castilla, dated May 18, 2005
Loretta Schloerb of New Jersey
fought the immigration bureaucracy . . . and won!
As a mother, Loretta could not bear
the prospect of the foreign national who repeatedly
molested her daughter ten years ago being officially
allowed to keep his
green card and remain in the United States.
So she entered the
behind-closed-doors realm of the federal immigration
bureaucracy and testified against the child molester in
U.S. Immigration Court proceedings in Newark, N.J.,
before the Department of Justice`s Executive Office for
Immigration Review (EOIR).
losing the fight initially in EOIR Immigration
Court, Loretta did not give up. She enlisted the support
attorneys at the highest levels of the
Office of the Principal Legal Advisor at the
Department of Homeland Security`s Immigration and
Customs Enforcement (ICE)
The government attorneys appealed
the EOIR decision to the DOJ`s
Board of Immigration Appeals (BIA).
And Loretta`s perseverance paid
Legal Eagles can read the "unpublished"
BIA decision here:
Board of Immigration Appeals
decision [PDF] – In re: Jose Barrios Castilla, dated May
(Note that only BIA decisions designated as “published”
are effective as legal precedent that must be recognized
by the federal government.)
The BIA decision in the Barrios
case sustained an appeal filed by DHS/ICE attorney Susan
G. Roy on behalf of the government. The decision
reversed a December, 2003, decision by EOIR immigration
William K. Strasser of Newark, N.J.
In Immigration Court, Strasser had
originally allowed Barrios to remain in the United
States, despite a 1995 conviction for endangering the
welfare of a child through
sexual conduct. Barrios is an uncle (by marriage) of
BIA member Miller threw the book at
both Strasser and Barrios in reversing the discretionary
grant of relief under
Section 212 (c) of the Immigration Act.
Immigration Judge appeared to look behind the
conviction, [and] speculated that the
respondent`s [Barrios`] criminal actions may have been
related to alcohol use . . .
"Moreover, the Immigration Judge determined that because
the respondent completed a 2-year program he
demonstrated rehabilitation, but we [the BIA]
cannot find that completion of a program necessarily
demonstrates rehabilitation, especially since the
respondent did not fully accept responsibility for his
note the testimony of the respondent`s son who stated
that he would not feel comfortable leaving his children
alone with the respondent."
According to previous reports by
Loretta, Barrios has remained detained in federal
ICE custody at least throughout the appeal process
since the DHS/ICE appealed Strasser`s original decision
in December, 2003.
Whether Barrios will choose to
fight the case further while remaining
detained is unknown.
Technically, the May 12 decision by
the BIA now constitutes the "final agency action"
by the DOJ`s EOIR in the case. But criminal alien
residents in EOIR proceedings are free to persist in
appeals and motions to the bitter end, if they
There will be no way to know
whether Barrios is actually physically deported, unless
Loretta happens to receive a courtesy call someday from
the government with the good news.
written at length—and as has been
Michelle Malkin—the way the Immigration and
Nationality Act and the federal immigration bureaucracy
are rigged, EOIR Immigration Court proceedings are
over until the alien wins."
But Loretta would have none of
She did everything in her power to
see to it that the child predator who wreaked havoc on
her family would be deported.
And because of her efforts, Loretta
has provided VDARE.com readers with a rare glimpse into
the EOIR Immigration Court process as it unfolded.
Loretta`s insider account also
exposes the public relations myth that the ICE`s
Operation Predator (arresting sex offenders for
immigration violations) is NOT a sure thing when it
comes to getting predators actually deported.
In the federal immigration
bureaucracy of EOIR Immigration Court and its appellate
process, there`s unfortunately much more involved in
getting a convicted child molester out of the country.
Sadly, Loretta learned the truth
about the EOIR from the inside . . . and it wasn`t
But Loretta`s story is a mere day
in the life of the federal immigration bureaucracy.
In fiscal year 2004, the EOIR
granted over 33,000 applications for "relief"
without specifying in its annual
shameful statistics which applications involved
criminal alien residents, and what type of
relief applications were being granted. [See EOIR`s
2004 statistical yearbook,
PDF page 19.]
Doesn`t America deserve to know the
truth about how many criminal alien residents the EOIR
is allowing to remain in the United States?
So until EOIR`s litigation-based
system for deporting illegal aliens and criminal alien
abolished—and foreign criminals are summarily
removed from our shores—America is going to need a lot
This one woman`s extraordinary
effort to obtain justice will be an historic part of the
process by which Americans realize just what really
goes on behind the EOIR`s closed doors.