Another American has been murdered, not, this time, by feral black thugs, but by a possible illegal alien and DREAMer Amnesty recipient. (h/t Weasel Zippers)
Examiner.com by Dave Gibson January 11, 2013
On Jan. 4, police in San Antonio arrested Christian Ivan Bautista, 29, only four days after he reportedly stabbed a woman to death on a jogging trail located in the Northwest section of the city.
On New Year`s Eve, the body of 24-year-old Lauren Bump was discovered on a trail in O.P. Schnabel Park. She had been stabbed multiple times.
It was along this same trail where police apprehended Bautista, after a woman reported a suspicious man “pacing back and forth.”
Under questioning, Bautista admitted to being at the park on New Year`s Eve, but denied killing Bump.
However, Bautista`s roommate told investigators that on New Year`s Day, Bautista told him: “I stuck that (expletive). I cut her up real nice,” according to court documents.
Bautista has a long criminal record, with arrests in both California and Texas.
And here is where the mystery begins:
While Bautista was once charged with illegally entering this country and spent at least six months in federal custody, there is now a great deal of confusion over why he was never deported.
On Jan. 8, U.S. Immigration and Customs Enforcement (ICE) officials confirmed publicly that Bautista did have “legal” status in this country, but that his current immigration status was still “up in the air.”
All attempts by this reporter to reach ICE for further clarification have failed.
Mere arrest, or even conviction, for illegal entry into the United States is not a crime unique to illegal aliens, though illegal aliens commit most instances of what is commonly called Entry Without Inspection (EWI), but applies to fraud at entry by an alien as well.
It is codified in Title 8 United States Code, Section 1325, Improper Time Or Place; Avoidance Of Examination Or Inspection; Misrepresentation And Concealment Of Facts. It is both an administrative and deportable offense as well as a criminal offense, which applies to all classes of aliens, including those aliens who are Legal Permanent Residents (LPR).
Now, with the case of Bautista, there are a number of situations that could cover his status:
First, he is an illegal alien and U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) failed to remove him.
Second, he was arrested and ICE ERO granted him administrative relief of some kind; perhaps the current immigration court amnesty where cases before the Executive Office For Immigration Review have been dropped by ICE Office of Chief Counsel, or it was a discretionary act by ICE ERO to release Bautista as part of the DREAM Act Administrative Amnesty.
Third, Bautista was a LPR at the time of his EWI, and the U.S. Attorney`s Office decided not to prosecute. But this would not explain why a LPR was not deported after the other criminal convictions.
Fourth, Bautista is a U.S. citizen, and not under any removal jurisdiction. This, however, was not what ICE stated in their response to the incident. ICE stated that he had legal status, but his immigration status was not determined. This, of course, makes no sense.
He either has a legal status or he does not. There is no middle ground, as there can not be both a status and that status being unknown. It is for certain that if Bautista was an U.S. citizen, ICE would have made that abundantly clear and washed their hands of responsibility.
The rather contradictory nature of ICE`s public statements suggests that he is a beneficiary of the second situation, e.g. that ICE knows of his presence, consents to it, but his presence is unlawful. This fits the proposition that Bautista is a beneficiary of the DREAM Act Administrative Amnesty. Since those beneficiaries do not have any legal status, e.g. they are aliens who have not been admitted or paroled into the United States, but are issued an Employment Authorization Document (EAD), this could explain ICE`s own confusion.
They would have checked the Central Index System for Bautista and found he had an EAD but no evidence of what status he had. Or, more likely, realized he was a DREAMer and panicked. ICE did not want to admit he was a DREAMer as that would give the Regime and the Administrative Amnesty a black eye from the predictable blow-back such a policy entailed.
Which may suggest a fifth scenario: Bautista is an illegal alien who has made a claim of U.S. citizenship. ICE thought the claim was fraudulent, but decided not to prosecute the case either criminally or in immigration proceedings before the EOIR. But that would not explain the claim that he has “status.” If ICE ERO acceded to his claim of citizenship, then ICE ERO would have washed their hands of him. However, the long detention for EWI suggests that Bautista is an illegal alien, but he was released because ICE ERO decided not to fight the false claim.
It certainly is a mystery, but ICE has not cleared this up. In the end, this suggests massive fail by ICE, and, most likely, the inevitable result of the Obama Regime Administrative Amnesty.