Saturday, April 5

Never Push Your Luck III

Don't you hate it when the bad guy gets away? Me too, which is why I love stories when justice finally catches up to them. Take this criminal who has been an abuser of US immigration and criminal law for over a decade:
Manassas - A twice-deported gang member and illegal immigrant who had been convicted of attempted murder in New York was among the 34 workers arrested Monday during federal raids in Manassas.

Carlos Moran-Bravo, of Mexico, now faces federal charges for re-entering the country after committing an aggravated felony and could face a sentence of up to 20 years in jail if convicted. - DC Examiner
How perverted is that in that he got less than 6 years for trying to kill someone but now faces up to 20 years in prison just for illegally returning to the US after being deported. I actually have no problem with the potential jail time that he is facing now. My problem was that he was lucky in getting a relatively short jail sentence because he failed to kill someone he was trying to murder.

Luckily, the justice system will get another chance to remove him from society. This is probably a person who should receive the full sentence he is up for before finally being returned to Mexico a third time. Especially since he has a documented history of coming back to the US every time he has been deported before. I don't know if he has 'turned a leaf' in terms of the type of person he is, but we do know the type of person he was. For that reason alone, he should have stayed back in Mexico.

Now they just need to deal with all the other illegal aliens they catch who have been deported numerous times before already. They too risk jail time of up to 20 years. One reason they do come back is because there is no punishment worse than being sent home.

In many cases, repeat offenders are just deported. However, by illegally reentering the US, they should have received a two year jail sentence for the crime. He risks up to 20 years because he was convicted of other crimes while in the US (See below):
1912 8 U.S.C. § 1326 -- Reentry After Deportation (Removal)

After the amendments made by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), subsection 1326(a) now makes it an offense for any alien who has been denied admission, excluded, deported, or removed, or has departed the United States while an order of exclusion, deportation or removal is outstanding and thereafter enters, attempts to enter, or is at any time found in the United States, unless prior to the alien's reembarkation at a place outside the United States or his application from foreign contiguous territory, the Attorney General has expressly consented to such alien's for admission, or such alien shall establish that he was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act.

The basic statutory maximum penalty for reentry after deportation is a fine under title 18, imprisonment for not more than 2 years, or both.
However, with regard to an alien whose "removal" was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), the statutory maximum term of imprisonment is 10 years. Moreover, if deportation was subsequent to conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years. - US Dept. of Justice

ICE raid snags twice-deported convict - DC Examiner

Never Push Your Luck II - 28 Feb 08
Never Push Your Luck - 31 Oct 07
55,322 Illegal Alien Criminals = 459,614 Arrests - 21 May 06
Congress Should do Nothing About Illegal Aliens - 7 June 07
Mexico and the US Governments are the Immigration Problem - 25 May 07

1 comment:

Consul-At-Arms said...

I've quoted you and linked to you here: