...YOU be the Immigration Judge.
Here's your case:
Modesto Rosales
- Male
- 23 years old
- Arrived in the USA on a B2 visa 21 years ago
- Speaks English fluently
- Father of two, though not listed as so on the birth certificates
- Provides some support to his children
- Filed tax returns
- Enrolled in “Transforming Incarcerated Dads”
- Married to a U S Citizen
But wait, there’s more…
Juvenile rap sheet:
- residential burglary
- disorderly conduct
- aggravated battery
- resisting an officer
Adult convictions:
- driving under the influence
- driving on a suspended license
- possession/consumption of alcohol by a minor
- domestic battery/bodily harm
- unlawful possession of a firearm
Immigration charges
- Overstayed his visa (Charged August 2009)
- Firearms possession (Charged January 2012)
Personal life
- Wife plans to divorce him
So, what do you think?
Should the judge give him a Green Card or order him deported?
(drum roll, please) The answer is:
Judge Robert P. Owens ordered that Rosales’ application for
adjustment of status to lawful permanent resident be granted. Translation: He was given a Green Card.
One is left wondering who would be considered deportable.
Well, the judge surely blew this one. The judge ruled in April of this year. On June 23rd Rosales and another
man invaded the home of his former girlfriend (and mother of the
five-year-old), beat her, beat the man in the home with an iron…all this while
his son watched on (so much for the “good father” part).
Here’s the story from The Courier News:
Accused home invader won prior bid to stay in US
By Mike Danahey mdanahey@stmedianetwork.com June 27, 2012
10:18PM
Updated: June 28, 2012 5:12PM
ELGIN — One of the men accused in last weekend’s home
invasion and brutal beating of two people was allowed to stay in the country by
a judge in April, federal documents indicate.
According to U.S. Department of Justice Executive Office for
Immigration Review Immigration Court documents obtained by The Courier-News and
dated April 12, 2012, Judge Robert P. Owens ruled in favor of Modesto Rosales
during removal proceedings against Rosales.
Owens ordered that Rosales’ application for adjustment of
status to lawful permanent resident be granted.
According to reports, Rosales, 23, and Jaime Zarate, age
unknown, are accused of invading a home along the 400 block of Raymond Street
early Saturday morning, where they beat a man in the face with an iron and also
beat Rosales’ former girlfriend in front of her 5-year-old child. Elgin police
arrested the two men later that morning after a short chase near Rosales’ home
in the 300 block of Wilcox Avenue, reports stated.
Reports stated both had been out on parole and were charged
with home invasion, a Class X felony, and four counts of aggravated battery, a
Class 3 felony. Rosales also was charged with aggravated domestic battery, a
Class 2 felony. The men remain in Kane County jail Wednesday with bail set at
$500,000 for each, and both are to appear in court again Friday.
“The Court finds that the respondent’s equities in this case
tip the scale, ever so slightly, in the respondent’s favor,” the document
states. “Clearly, the respondent’s criminal history is substantial and
extremely troublesome, However, the Court is persuaded that the respondent has
shown sufficient remorse, maturity and rehabilitation to merit a final
opportunity to stay in the United States.”
The adverse factors Owens considered were that Rosales “has
been convicted of driving under the influence, driving on a suspended license,
possession/consumption of alcohol by a minor, domestic battery/bodily harm, and
unlawful possession of a firearm,” the document states, noting these offenses
took place between July 24, 2003, and March 18, 2009.
Rosales also testified that he had been arrested on several
occasions as a juvenile on charges including residential burglary, disorderly
conduct, aggravated battery and resisting an officer, the document states.
Favorable factors considered by Owens included that Rosales
has been in the United States since he was 2 years old, had never left the
U.S., and that he is more comfortable speaking English than Spanish.
The document also notes Rosales’ strong family ties in the
U.S. and a citizen wife, “although she testified that she plans to divorce him
when she has the time and money to do so,” the document states.
According to the document, Rosales has filed tax returns, is
a good father and has two children who are U.S. citizens whom he provides for
though “he is not listed as their father on their birth certificates.”
In October 2011, he enrolled in “Transforming Incarcerated
Dads” to improve his parenting skills, the document states, and Rosales also
enrolled in several classes to increase his job skills while last incarcerated.
An immigration hearing was conducted March 12, the document
states. On Aug. 5. 2009, the Department of Homeland Security served Rosales
with a notice to appear in court for remaining well beyond well beyond the six
months allowed as a B2 visitor who came to the United States through
Brownsville, Texas. On Jan. 19, the DHS served additional charges regarding
Rosales’ Dec. 28, 2010, conviction for unlawful possession of a firearm, a
deportable offense.
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