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This is a shocking article, but shows how the INS
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
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
convicted criminals, but in this case it has not
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
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


Man Gets Break in Fight to Stay Here

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
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

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

August 04, 2001