Illegal immigrant fights charge (Trespassing in NH)

New Hampshire Union Leader ^ | May 12, 2005 | Dan McLean

[whd23]

MERRIMACK — The attorney representing the illegal immigrant charged by New Ipswich police for criminal trespassing will argue state law is being misused and the Vienna Convention was violated when her client was not put in touch with the Mexican Consulate.

During an interview in her Merrimack office, Attorney Mona Movafaghi said the Vienna Convention guaranteed the right of her client to contact the Mexican Consulate, but police failed to provide the opportunity.

New Ipswich Police Chief W. Garrett Chamberlain charged Jorge Mora Ramirez, 21, with criminal trespass and operating a vehicle without a valid license on April 15. Ramirez encountered police on Turnpike Road after having car trouble. A local officer, who stopped to investigate, found Ramirez with several false identification papers and a Mexican driver's license.

When federal authorities would not take Ramirez into custody, Chamberlain added the criminal trespassing charge — a tactic that has gained attention nationally.

"I'm disgruntled that the feds aren't going to follow up. We're stepping up to the plate and doing what the federal government refuses to do," the chief has said.

"We think that it's a misuse of the law and it was not the intent of the statute to be used in that way," Movafaghi said.

"If (Chamberlain) feels like this is his mission in life, he should join ICE," she said, referring to Immigration and Customs Enforcement (ICE), the federal agency charged with enforcing immigration law.

Immigration authorities are "told to target criminals, terrorists and people who are causing trouble," the attorney said.

Manny Van Pelt, an ICE spokesman, disputed the priorities outlined by Movafaghi.

"We cannot turn a blind eye to violations of the law. And we will not," he said.

"We are going to place this person (Ramirez) in deportation hearings. Absolutely. We fully intend to," Van Pelt said in a phone interview yesterday.

Movafaghi declined to comment on the pending deportation proceedings.

In district court on May 3, Ramirez pleaded guilty to the charges. He does not speak English and did not have an attorney present.

After contacting the New Hampshire Civil Liberties Union, the Mexican Consulate in Boston called Movafaghi on May 4. Movafaghi met Ramirez the next day. And, on May 6 in Jaffrey-Peterborough District Court, Ramirez's guilty plea was reversed to innocent.

"Things moved very quickly. We were surprised we got a hearing" to change the plea, Movafaghi said.

Movafaghi declined to comment on whether she is being paid by the Mexican Consulate, Ramirez or working pro bono. The Mexican Consulate in Boston did not return calls for comment.

"The police chief is saying a person who is traveling on public roads has no right to do so if they are in the U.S. illegally . . .," she said. "If you are from Milford, can you be on the roads in New Ipswich?" Movafaghi said. "Where does it end?

"The immigration laws make the determination on who's here illegally, not the police chief," she said.

Movafaghi has been a member of the American Immigration Lawyers Association since 1987 and has focused primarily on immigration and nationality law since 1996. Her law firm is at 419 Daniel Webster Highway in Merrimack.

"I think people don't understand the state of immigration in New Hampshire . . . both illegal and legal. If there is an issue in a small state like New Hampshire, you can imagine the problems in New York and Florida," she said.

Ramirez is living in Waltham, Mass., and worked for a construction company in Jaffrey.

"(Ramirez) did not understand the implication of pleading guilty and was not given access to an attorney or a consulate," said Claire Ebel, executive director of the New Hampshire Civil Liberties Union.

The matter is scheduled for a bench trial at 10 a.m. on July 12 in Jaffrey-Peterborough District Court.

[RSmithOpt]

From the post of Travis sMcGee:, I would say that the legal citizens and those legally in this country currently collaborating or working on behalf to allow illegal aliens or attempting to circumnavigate Federal Immigration Laws, as well as politicians and judges who fail to act to secure our boarders, deport the illegals, and enforce our laws should be found of conspiracy to break federal law, which in effect, conspiracy to break the law, is a felony. The conspiracy theory can easily be tied to those wanting to improve the bottom line of businesses using cheap labor.

[gubamyster]

ping

[samtheman]

Quisling was found guilty of high treason in 1945, and was executed by firing squad on the 24th October 1945.

How do I love this idea? Let me count the names...

[Sir Gawain]

"The police chief is saying a person who is traveling on public roads has no right to do so if they are in the U.S. illegally . . .," she said. "If you are from Milford, can you be on the roads in New Ipswich?" Movafaghi said. "Where does it end?

What a retard. It ends at our nation's borders, or it's supposed to.

[blackie]

Protect our borders and coastlines from all foreign invaders!

Be Ever Vigilant!

Minutemen Patriots ~ Bump!

[DumpsterDiver]

Jorge Mora Ramirez

• charged with criminal trespass and operating a vehicle without a valid license...
• Ramirez was in possession of several false identification papers
• he had a Mexican driver's license.
• He is in the country illegally

Manny Van Pelt, an ICE spokesman:

• "We cannot turn a blind eye to violations of the law. And we will not."
• "We are going to place this person (Ramirez) in deportation hearings. Absolutely. We fully intend to."
• ...federal authorities would not take Ramirez into custody...

Local police chief

• "I'm disgruntled that the feds aren't going to follow up. We're stepping up to the plate and doing what the federal government refuses to do."

A lot of us are disgruntled, chief. Keep up the good work.

[Happy2BMe]

This is a crucial case folks. American Civil Law ~vs~ the Vienna Convention.

American Borders ~vs~ The Powerful Open Border Lobbyists.

Which one will triumph? Which one has White House support?

================================

Jorge Mora Ramirez

Police Chief Garrett Chamberlain

The attorney representing the illegal immigrant charged by New Ipswich police for criminal trespassing will argue state law is being misused and the Vienna Convention was violated when her client was not put in touch with the Mexican Consulate.

New Ipswich Police Chief W. Garrett Chamberlain charged Jorge Mora Ramirez, 21, with criminal trespass and operating a vehicle without a valid license on April 15. Ramirez encountered police on Turnpike Road after having car trouble. A local officer, who stopped to investigate, found Ramirez with several false identification papers and a Mexican driver's license.

[Happy2BMe]

American Civil Law ~vs~ The Vienna Convention.

[A. Pole]

"The immigration laws make the determination on who's here illegally, not the police chief," she said.

The laws cannot do anything. They need to be enforced by the actual people. And the Mexican consulate should be contacted, by all means - it should be SWAMPED with the contacts and inquiries, it should pay the tickets too.

[kellynla]

"If there is an issue in a small state like New Hampshire, you can imagine the problems in New York and Florida," she said."

It's a NINE BILLION DOLLAR A YEAR PROBLEM in California!

And W, we want our money!

[monkeywrench]

"Illegal Mexicans are invoking the legal concept of extraterritoriality, that they are not subject to our laws. "

That kind of ends the 'anchor baby' nonsense, then, doesn't it?

[moehoward]

Sure looks like it.

There was a similar story not long ago. Never heard the outcome. But at that time it stuck me odd that law enforcement would be responsible for initiating the contact between the consulate and the Illegal. What's to stop Jorge from calling the consulate on his own? Surly he could have done this on his own at any time.

[Happy2BMe]

This is an important case. The Feds are going nuts over it.

What do they do? Throw out hundreds of years of America law precedent for a single wetback?

Trees are shaking in D.C. over this one . .

[moehoward]

LOL. I assume in fear of being turned into reams of 11x14 paper.

[Recovering Ex-hippie]

If the Republicans don't address this illegals issue...they have lost my vote and my support!

Keep the pressure on on immigration!

[An American Patriot]

"Illegal Mexicans are invoking the legal concept of extraterritoriality, that they are not subject to our laws."

That kind of ends the 'anchor baby' nonsense, then, doesn't it?"

Bravo. Brilliant observation. Should be good enough to qualify you for today's Clarence Daraow award.

Unfortunately, when it comes to the left/dim/, common sense and reason (much less the "law") is used and applied according to each situation as benefits them--not according the actual constructs.

[judgeandjury]

And, on May 6 in Jaffrey-Peterborough District Court, Ramirez's guilty plea was reversed to innocent.

I don't think courts accept pleas of "innocent". A defendant can either plead "guilty" or "not guilty".

[Vigilanteman]

The attorney representing the illegal immigrant charged by New Ipswich police for criminal trespassing . . .

Hey, nimrod attorney, just being in the country illegally is criminal trespass. Hail to the chief for figuring out something our overlords in DC cannot.

[lodwick]

They should have fewer rights than someone breaking into your home in the middle of the night.
++++
Actually, that's exactly what they're doing: breaking into our "home."

[Bloody Sam Roberts]

"The police chief is saying a person who is traveling on public roads has no right to do so if they are in the U.S. illegally . . .," she said. "If you are from Milford, can you be on the roads in New Ipswich?" Movafaghi said. "Where does it end?

Oh please counselor, spare us. That is a gross over-simplification and she you knows it. The police chief is correct. If the defendant can produce tax returns for every year he's been living in the US, then he might be able to make a case for using public roadways. Roadways that have been paid for by tax money from LEGAL citizens.

'Where does it end' she asks? It ends at the border. These people need to be rebuffed and turned away.