Posted by
Kaos on Saturday, August 25, 2007 1:50:25 PM
I was reading this mornings paper and came across this article and could not believe what I read, what is wrong with this picture? Is anyone in disbelief at the judge?
Judge lets man leave Oregon freely
Illegal immigrant - Not deporting Jose Alfredo Cobian means he may be able to return someday
Saturday, August 25, 2007
SARAH HUNSBERGER
The Oregonian Staff
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.
I would really like to know what people thnk.