Federal judge to illegal alien: No worries, just deport yourself
posted at 7:31 pm on August 25, 2007 by Allahpundit
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He un-undocumented himself by adopting the identity of a dead child and using it to obtain fraudulent ID papers. The feds caught him and asked for a removal order that would have barred the guy from re-entering the U.S. in the future.
But how could the judge enforce a law so cruel?
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 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…
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.
Parse this for me: How does it bring “finality” to the case when refusing to grant a deportation order only makes it more likely that Cobian will try to return and the feds will have to deal with him again in some capacity?
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Un-freaking-believeable.
Who trusts Guiliani to replace the current crop of immigration judges with ones that will actually deport people? Don’t shoot those hands in the air too quickly, don’t wanna pull a muscle.
Theworldisnotenough on August 25, 2007 at 7:37 PM
By refusing to grant the deportation order, doesn’t that allow Cobian to remain in the states? That’s the finality.
laelaps on August 25, 2007 at 7:44 PM
Look, I’m not open borders nut, but I would let something like this slide if they would deport immediatly the rapists, murderers, drug dealers and users, pedophiles and otherwise violent criminals that are here illegally.
VolMagic on August 25, 2007 at 8:00 PM
Is it legal to use discretion to perpetuate an illegality? I don’t know why, but I thought when law enforcement officials used “discretion”, their decision had to result in a legal outcome. I really did not know that a law enforcement official could use discretion to allow the continuance of an illegal act.
reine.de.tout on August 25, 2007 at 8:05 PM
“Trust but verify”
R. Reagan
circa 1980
TheSitRep on August 25, 2007 at 8:08 PM
So, you would just let identity theft slide? What other laws should we let slide? Also, don’t forget that this illegal alien and his stolen identity has had the ability to actually VOTE since he was 18. How many illegal aliens are voting in our elections, determining our laws and our government leaders?
Gregor on August 25, 2007 at 8:10 PM
The judge allowed Cobian to voluntarily leave the country without a deportation order. Apparently that lets Cobian apply to re-enter legally without having a deportation on his record.
I didn’t know judges could grant pardons. Or is refusing to convict just clemency?
jaime on August 25, 2007 at 8:30 PM
Gregor on August 25, 2007 at 8:10 PM
Good point. I was trying to say that if the government had only the resources to deport this guy of the animal who instigated the killings in Newark, well, I’d want them to get the scum-bag. Yeah, this guy broke the law and he should suffer the consequences, but I just can’t get worked up over identity theft when there are animals like the scumbag in Newark out there.
Get the violent criminals first and I think the illegal immigration debate changes. How much? I dunno. But I think it will be easier to think through when we don’t have to worry about violent criminal illelgal aliens.
Am I making any sense?
VolMagic on August 25, 2007 at 8:46 PM
Too damn many my friend!
conservnut on August 25, 2007 at 10:17 PM
Wonder who appointed this leftist douchebag? Hmmm?
Jaibones on August 25, 2007 at 10:35 PM
I see little sense in letting illegals vote themselves in their own illegal agendas. Like the people they vote in, who block deportation of the criminal ones. I agree with Gregor on this. And the WSJ would be shocked to learn that one of its own was here as a union organizer. This ones for you WSJ
Legions on August 25, 2007 at 11:20 PM
Impeaching this judge, if possible, is not sufficient.
A jail term for obstructing justice would be fitting.
Where’s Gonzales on this one??????
fred5678 on August 26, 2007 at 12:53 AM
May you never be a victim of identity theft. I was, and it took about eight years to clear all the mess up. A lawbreaker here illegally should not be allowed to stay.
Texas Nick 77 on August 26, 2007 at 1:28 AM
Do I smell a misplaced modifier her:
Doesn’t this “they” mean “after the [parents] become adults?”
(I know, small potatoes in the grand scheme of things, but still…)
Captain Scarlet on August 26, 2007 at 6:00 AM
Deport yourself? Good idea! Get a ride from one of the drunken illegal aliens. Stop at Jerry Rivera’s home and give a lift to the border too.
saved on August 26, 2007 at 7:34 AM
Why have laws if those entrusted to enforce said laws refuses too. What gives this Judge the right to pick and choose?
SPIFF1669 on August 26, 2007 at 10:08 AM
There should be riots in the streets right outside this Judge’s home. This is exactly the type of favoritism and illegal behavior our laws are supposed to protect us from. If this judge can do this and Ted Kennedy can commit murder and THEN go on to a lengthy and succesful political career, how are we supposed to have any faith that we are being protected within our OWN society??????
KMC1 on August 26, 2007 at 11:28 AM
I’m also worried that this shows the ineptitude of the Social Security Admin. The “real” Jose Luis Mendoza should have already possessed a Social Security number as a child. In fact, you need to have one before their first birthday. Why wasn’t it caught that this Jose Luis Mendoza was applying for a second number and it should have also shown that this Jose Luis Mendoza was deceased?
This is just another example of a CRIME that an illegal has committed and is getting away with. Last time I looked, identity theft is a FEDERAL crime, but if an illegal commits it, it’s just another misdemeanor.
This is just another example of all 20 million invaders who come here. Not one of them are “just” here to work and obey the laws. Each and everyone of them has broken laws, whether you want to call it a civil law or a federal law. I’m sick and tired of people giving all the illegal invaders here a break. There is no such thing as an honest, hard-working illegal.
moonsbreath on August 26, 2007 at 12:00 PM
Judge Michael H. Bennett appears to be in the top 1/3 of liberal immigration judges.
This chart
http://trac.syr.edu/immigration/reports/160/include/judge_0005_name-r.html
details how often judges DENY asylum. Bennett ranks 145 out of 208 (52 percent denial rate).
Looking at the bottom of the chart is an even bigger scandal. Note that Margaret McManus, Immigration Judge out of New York, GRANTS asylum 91.2 percent of the time!!!! She should be Michelle’s next spotlight focus!
Dev on August 26, 2007 at 12:15 PM
When the government refuses to govern we have a big problem.
Mojave Mark on August 26, 2007 at 12:23 PM
Oh don’t worry their governing allright, governing themselves big fat pensions and wages all the way down to their 2nd and 3rd cousins. All placed in lifetime gov. jobs..
Legions on August 26, 2007 at 12:34 PM
When it comes to mexicans these judges give a free pass. Time to take back our country yet??
build the wall on August 26, 2007 at 3:50 PM
How disappointed the folks over at the WSJ must be to find out that one of their own true blue illegals, turns out to be a union organizer..
Legions on August 26, 2007 at 5:42 PM
Anyone out there wanna bet that U.S. Immigration Judge Michael Bennett is a Clinton appointee?
pilamaye on August 26, 2007 at 6:37 PM
All of the Social Security monies which this illegal accumulated are now going to the family of the dead kid whose identity he pilfered, I hope.
May the judge’s identity be stolen next.
Perhaps then he’ll grasp the seriousness of it.
profitsbeard on August 27, 2007 at 2:54 AM
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