Posted on 08/25/2007 12:59:13 PM PDT by crazyhorse691
Illegal immigrant - Not deporting Jose Alfredo Cobian means he may be able to return someday
A federal immigration judge on Friday allowed a prominent Portland-area union organizer and illegal immigrant to return to Mexico voluntarily instead of deporting him, calling his repeated use of a false identity "unfortunate" and a "tragedy."
The decision was what Jose Alfredo Cobian of Molalla had been hoping for and allows him to leave the country with one less black mark on his immigration record. It also preserves a greater possibility that he can gain permission to return to the United States legally some day.
Assistant Chief Counsel Margaret Rosenast of the U.S. Department of Homeland Security had asked for a removal order, commonly called deportation. Removal orders prohibit people from legally returning to the United States for a period of a few years to a lifetime, said Dorothy Stefan, chief counsel for U.S. Immigration and Customs Enforcement's Seattle office, which includes Oregon.
Cobian, 37, built a typical American life for himself and his family based on a false name. Now his deception is uprooting the entire family, including his U.S.-born son and daughter. The grade-school-age children are U.S. citizens and speak little Spanish, said David Shomloo, Cobian's attorney.
Cobian's wife and children left on a flight for Mexico on Thursday to set up their new home and arrive in time for the start of the Mexican school year, Shomloo said. U.S. Immigration Judge Michael Bennett gave Cobian a week to join them.
Cobian said he was surprised at the judge's decision not to formally deport him but declined to comment further.
Cobian entered the United States illegally in 1989. He later purchased the birth certificate of Jose Luis Mendoza, a California boy who had died as a child, and assumed the little boy's name. In 1996, he used the name to apply for a Social Security card and later used the false identity to obtain a U.S. passport as well as legal residency status for his wife, also a Mexican immigrant. His wife was unaware that her status was based on fraudulent documents. When the couple's children were born, they also took on the last name of Mendoza.
The family bought a house and settled in Molalla. Cobian worked as a carpenter and became a well-liked union organizer for the Pacific Northwest Regional Council of Carpenters, pushing for better pay and working conditions for workers.
He was arrested in 2006 after a routine computer check of information that Cobian submitted for his 2005 passport application matched the dead boy's records.
Cobian cooperated with authorities and admitted his wrongdoing. After he was barred from working in the U.S., he continued to receive support from union members, who raised voluntary donations for the family's living expenses. Union members also helped fix up Cobian's house to prepare it for sale.
Before his family returned to Mexico this week, Cobian's wife surrendered her legal residency status, and the family changed their legal names to Cobian. Because the children are American, it's possible for them to petition for their parents to return to the United States after they become adults.
The judge made it clear that Cobian's crimes -- especially his use of a false identity to obtain legal residency status for his wife -- were serious. He said deportation would have been the expected outcome.
But he said that he had the legal ability to exercise his discretion in the case and had decided to do so, describing the decision as a "close call." The judge said he wanted to bring finality to the case.
"I do wish you the best, sir," Bennett told Cobian.
Sarah Hunsberger: 503-294-5922 shunsberger@news.oregonian.com
illegal immigrant to return to Mexico voluntarily instead of deporting him, calling his repeated use of a false identity “unfortunate” and a “tragedy.”
Sooo, let’s say I commit a crime, let’s call it bank fraud, and use a false ID to accomplish that the judge is gonna let me go home and call it “unfortunate” and a “tragedy”?
This Politically Correct squishiness is gonna ruin our country. We are rapidly headed for third world status.
Now if he was a 92 year old former Nazi it would be a different story!
And the house was promptly sold for cash to a "Mendoza" family.
Owl_Eagle
If what I just wrote made you sad or angry,
it was probably just a joke.
The judge should be disbarred. He is supposed to enforce the laws not abuse them as in this case.
It may come to pass that some day "hanging judge" may have a new meaning.
I wonder if this is one of Gonzales’ judges? We’ll never know ‘cause curiously the article doesn’t mention his/her name.
What frustrates me so bad is that so many of them don't even seem to know that their position has something to do with the law. This and other things in our society sometimes makes it seem like our entire country is ruled presently by a reincarnation of the Tweed Ring.
Adding up all the identity thefts could put him in jail for life. If they want to get serious against illegals, forget about trying to deport them. Lock them up on all their identity thefts. Once the word is out that the US will hand out long prison sentences for identity theft, many illegals may choose to leave on their own.
The wife should be deported, but she should have the option of bringing her children to Mexico with her. However, I don't believe she was unaware of the fraud.
Passport Application:
WARNING: False statements made knowingly and willfully in passport applications, including affidavits or other supporting documents submitted therewith, are punishable by fine fine and/or imprisonment under provisions of 18 U.S.C. 1001, 18 U.S.C. 1542 and/or 18 U.S.C. 1621. Alteration or mutilation of a passport issued pursuant to this application is punishable by fine and/or imprisonment under the provisionsof 18 U.S.C. 1543. The use of a passport in violation of the restrictions contained therin or of the passport regulations is punishable by ine and/or imprisonment under 18 U.S.C 1544. All satements and documents are subject to verification.
Oath & Signature: I declare under penalty of purjury that I am a United States citizen (or non-citizen national) and have not, since acquiring United States citizenship (or U.S. nationality), performed any of the acts listed under "Acts or Conditions" on the reverse of this application form (unless explanatory statement is attached). I declare under penalty of perjury that the statements made on this application are true and correct.
US Criminal Code:
§ 1542. False statement in application and use of passport Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; or Whoever willfully and knowingly uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement— Shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929 (a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.
1543. Forgery or false use of passport Whoever falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or Whoever willfully and knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same— Shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929 (a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.
D@mn
D@mn Straight!
At least the work on the house was done properly if union trades were involved.
I learned the hard way. If you need a skilled trade, go with the union guys. You don’t have to like their politics but you’ll get a quality job.
Now, let the flames and anecdotally stores begin.
Count the crimes, any one of which would be a serious black mark on a US citizen. Document fraud, illegal possession and use of a US passport, etc.
A tragedy my big blue eyes. If he sent or received anything via U.S. Mail using a false identity he, by definition, committed mail fraud which is a felony.
“I learned the hard way. If you need a skilled trade, go with the union guys. You don’t have to like their politics but you’ll get a quality job.”
Let’s face it. The union shops usually pay better money than the non-union.
The higher skilled folks end up where the money is best.
The lower skilled folks end up where the money is not as good.
I would never hire, for example, a non-union electrician and expect top-notch work.
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