Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

Immigrants facing deportation when charged with minor crimes

A California woman is facing deportation because it was alleged that her dog was barking too loudly. The Mexican immigrant is currently living in Bakersfield and has been in the United States for 14 years.

On New Year's Eve, the woman returned home with her three children only to find police camped out in front of her door. There apparently was then an altercation between the woman and the police, though the events of this altercation are disputed.

In any case, she was then charged with resisting arrest and for having a pet that was too noisy. In an attempt to avoid more problems, she has since given the dogs away to animal control, but this did not prevent further action from occurring. The woman since has spent close to a week in Bakersfield County jail before being moved to a detention center after receiving an immigration detainer.

The woman's attorney has noted that undocumented immigrants often face arrests of this sort. Law enforcement officers in many cases assume that the individual is in the country illegally, and they therefore sometimes look for reasons to charge these people with crimes.

Despite Obama administration officials claims that they are only focusing upon undocumented immigrants that have committed significant types of crimes, many immigrants that have not been charged with any crime are being deported. Less than one in ten of those held in detention have been booked for a serious crime while more than three-quarters have not been convicted of any crime at all.

Because the threat of deportation for an immigrant charged with a crime is very real, speaking to an attorney that has represented others in deportation hearings is essential. These attorneys can assist in every aspect of requests for relief, and can also communicate any client's concerns regarding the consequences of being returned to the country from which they came.

Source: Huffington Post, "Ruth Montano, California Immigrant, Faces Deportation Over Barking Dogs," Feb. 28, 2013

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