Immigrant may be deported for the third time (The News-Gazette)

Immigrant may be deported for the third time

By Steve Bauer

Saturday, March 15, 2008 9:42 AM CDT

URBANA – A 30-year-old illegal immigrant faces possible prison and his third deportation following his recent arrest by federal authorities.

Fernando Delgado-Cruz, also known as Fernando Lopez, was arraigned and pleaded innocent Wednesday to a federal charge of unlawful reentry of a removed alien.

Magistrate Judge David Bernthal, through an interpreter, advised Delgado-Cruz that he faces up to 10 years in prison if convicted. The judge set a pretrial hearing for May 2 and a trial for May 12. The judge had previously ordered that Delgado-Cruz be held in the custody of the U.S. Marshal pending resolution of the case.

Through the interpreter, Curtis Blalock, a retired language professor, Delgado-Cruz said he has worked at a Champaign restaurant for four years.

According to an affidavit from Stuart Kutz, a senior special agent with the U.S. Immigration and Customs Enforcement agency, a man identifying himself as Fernando Lopez was convicted in Champaign County on July 27 of resisting a peace officer and sentenced to conditional discharge.

Kutz said in the affidavit that agents of ICE and the U.S. Marshals Violent Fugitive Task Force arrested Lopez, who was suspected of being an illegal alien, at his home in Champaign on Feb. 20.

When Lopez's fingerprints were processed, it was learned his true name is Delgado-Cruz, according to Kutz.

FBI records show Fernando Delgado-Cruz was convicted in Lake County on April 25, 2000, for a felony burglary. He was deported on June 30, 2000, according to the affidavit.

Records also show Delgado-Cruz was arrested near Eagle Pass, Texas, on Jan. 17, 2003, and convicted of entry by fraud. He was sentenced to 120 days incarceration. After the completion of that sentence, Delgado-Cruz was again deported.

Gail Montenegro, a spokeswoman for ICE, said agents from the Springfield office of the immigration agency conducted an operation in Champaign and Macon counties on Feb. 20, resulting in a total of 12 arrests, including Fernando Lopez, who was later determined to be Fernando Delgado-Cruz.

The operation targeted illegal aliens with criminal convictions, Montenegro said. ICE agents had arrest warrants for all of the people targeted in the operation, she said.

"ICE is committed to tracking down, arresting and deporting criminal aliens who present a threat to public safety. This individual has numerous criminal convictions and has shown a blatant disregard for our nation's immigration laws."