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| Blogs > redmustang91 > Wild Red Mustang thoughts! |
Another tragedy
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Another tragedy Practicing law is like a soap opera at times. You learn some intimate details and facts about life. Not just idle curiosity but needed to do the job... My latest tragedy in the making was an arrest for abuse. The mother was busy taking care of the baby and left the eight year old too long at another store nearby. Cops were called and an arrest for endangerment was made. A petty offense, should get a small fine and probation. In the old days I wandered around on my own for hours, going to the park, shopping malls, libraries and movies without a thought. Not molested, kidnapped or sexually harassed... Even went to the beach on the bus, and rode my bike everywhere... Back to the tragedy. Mom is an alien about to get a green card. Should be no big deal. But in 1995 Congress made any alien convicted of abuse liable for deportation for abuse. The BIA ruled that endangering a even if no harm results, and the parent is only negligent, not intending harm, is enough to deport the alien! Some cases say that is not correct and others say the BIA can so rule. The Ninth Circuit covering California, says the BIA is wrong and the conviction without harm and without criminal intent is not enough to deport for abuse... So unless the district attorney or judge agrees to change the abuse charge to disturbing the peace or drops the case, the mom faces ten years of litigation and about $10,000 in legal fees to fight the case all the way to the Ninth Circuit. Plus the family being in legal limbo for ten years with no green card and no legal status. Parents should supervise , but a lapse should not lead to such dire results... especially when the is not harmed. Here the law is doing greater harm in the name of protecting . The baby was born in the US so a US citizen will be deported to China and not have the chance to grow up in a free country instead of a communist dictatorship... My job is to try to get the legal system to avoid this tragedy... |
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Actually a parenting class may be an option. The most likely outcome is the whole family will stay here. I expect the prosecutor office will drop the case or allow a plea to something that is not child abuse. The mom learned the lesson and now is better about supervision. Ten years of litigation will be the other choice which will be expensive, help the flow of money to the immigration attorney and end with the same result. The punishment of deportation for a mistake that did not cause any harm to the child is excessive and stupid. I doubt that the incidence of child molesters is greater now then earlier, but our fear and knowledge of the crimes is greater. Still molesting in a major store during an hour is not likely. If it happens to 10% of children, then 90% of the children never got molested. Most often child molesting occurs at home, by a relative or close friend...
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One of the reasons to post this tragedy is to alert parents to the stepped up enforcement of endangerment laws that criminalizes behavior that used to be totally acceptable. To add deportation to the punishment makes it even more harsh and excessive in my view.
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Update: The judge has agreed to dismiss the case in the interest of justice. So it is possible to get the system to not compound a mistake into a tragedy...
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