Friday, February 29, 2008

Judge Orders Man Who Claims He's a U.S. Citizen To Be Deported

Judge Orders Man Who Claims He's a U.S. Citizen To Be Deported
Reported by: Erik Runge Email: ErikRunge@woai.com Last Update: 7:49 pm

A father of five from Boerne who lied about his citizenship in court is now fighting to stay in the United States, the country in which he says he was born.
Thursday morning, a judge ordered 36-year-old Saul Espinoza deported to Mexico. Thursday afternoon, his attorney told News 4 he may get a break because immigration officials plan take another look at the case.
For 6 weeks Espinoza has been locked up in a federal jail waiting to find out if the country he says he born in would kick him out.
It wasn't a great day in court for Josue Martinez, or his client, Espinoza."
We are no longer contesting the case here in immigration court, and the judge did enter a final ruling that he be deported," explained Martinez.
The ruling will free Espinoza from jail, but bar him from coming back to the United States. Martinez says Espinoza is from the U.S., and he has school records, a baptismal certificate, and a U.S. birth certificate to prove it.
"The Department of Homeland Security has not properly investigated this case and has not done what is right and just," Martinez said.
An immigration spokesperson said last week agents did investigate the case."
We don't go around arresting people at random. There has to be a reason we are going after this individual," Immigrations and Customs Enforcement (I.C.E.) spokesperson Nina Purneda told News 4.
Martinez said I.C.E. told him they'd be willing to do more investigative work and interview some witnesses before deporting Espinoza, but I.C.E. officials would not confirm that with News 4.
Espinoza's got into the mess after being arrested on several felony charges and telling the court he was a Mexican national. He's been convicted in federal court for being in the U.S. illegally. Since a judge ruled on his nationality once, case law won't allow for it to be argued again.
Martinez told News 4, "He doesn't know anyone in Mexico...No friends; No relatives."
Since Martinez can't show the courts the documents that show Espinoza was born here, he plans to apply for a U.S. passport and U.S. citizenship, with the hope that the government will then realize he is a citizen.
Immigration officials can withdraw their charges, which would allow Espinoza to stay in the country. But they would not comment on the case Thursday.
If the deportation does go through, Martinez said he may sue the federal government.
Another U.S. citizen who is from Los Angeles and mentally disabled, just sued the government for wrongly deporting him. He spent months in Mexico before being allowed to come back to the U.S.

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