Vet Facing Deportation Faces Long Wait For Justice (KMGH-CO)

Vet Facing Deportation Faces Long Wait For Justice
Valente Valenzuela's Next Court Date Set For February 16, 2012

By Lance Hernandez, 7NEWS Reporter
POSTED: 5:50 pm MDT September 29, 2010

DENVER -- Valente and Manuel Valenzuela are settling in for the long haul in their battle against Homeland Security.

The government wants to deport the two brothers -- both Vietnam War vets -- because of questions about their citizenship and because both committed crimes years ago.

Valente told 7NEWS that he was involved in a domestic dispute. Manuel said his trouble involved resisting arrest.

Both brothers are bewildered by the government’s actions.

Though they were born in Mexico, their mother was a U.S. citizen who was born and raised in New Mexico.

Their attorney, Mariela Sagastume, said the brothers should have been granted citizenship when the family moved to the United States.

“We think it was an error,” Sagastume said. “The government gave them the wrong paper work.”

Sagastume said Valente’s court appearance Wednesday was to answer five allegations.

• That he’s not a U.S. citizen
• That he is a National of Mexico
• That he has been in the U.S. since 1955
• That he has been involved in domestic violence
• That he is deportable

Sagastume said Valente denied the first and fifth allegations.

“We believe he is a U.S. citizen,” she told 7NEWS. “And we believe he is not deportable.”

The Immigration Court judge set Valente’s next hearing date for February 16, 2012.

“It’s going to be stressful,” Valente said. “They’re going to drag this out.”

But his attorney said that’s how clogged Immigration Court is.

“I’m going to try to get an earlier court hearing,” Sagastume said. “The judge said he’d work with us on that.”

Family, friends and veterans from the American GI Forum rallied in front of the Immigration Court, before the hearing, to show their support of the two brothers.

“I think it’s absolutely terrible,” said Russell Lopez, Vice Commander of the Skyline Chapter of the American GI Forum. “I can’t believe it’s happening this way anyway.”

“It’s sad,” Valente said. “Forty-two years ago I was trained to kill. I was sent to an unpopular war and was decorated with a Bronze Star. I wasn’t called a criminal back then.”

“This is something they shouldn’t have to go through,” Sagastume told 7NEWS. “They fought for their country. They’re decorated war veterans and this is making them relive some of the bad memories they have from fighting in the war.”

“We feel deporting them is not the answer,” said Albert Gonzales, national commander, of the American GI Forum. “We feel there was an administrative error and that these men are indeed American citizens.”

Valente’s brother, Manuel, sat in on Wednesday’s hearing. He faces his own on January 4, 2011.

Manuel said he’s not looking forward to it.

“Homeland Security is supposed to protect the U.S. from terrorists, not deport veterans,” Manuel said.

When asked if he posed a threat to the U.S., Manuel said, “Never. I protected the U.S. I’m proud of the US.”

When asked about the possibility that he could be deported, Manuel replied, “My God, I’m a U.S. citizen. My life has always been here. My mother was born a U.S. citizen. I fought for this country.”

Both brothers told 7NEWS that they’re not fighting just for themselves.

“There are hundreds of military veterans who have been kicked out of this country,” Valente said. “There should be an investigation of what’s going on with Homeland Security.”