Crime and Punishment Criminal Justice Immigration & Justice

Rosa Sanchez Released…..and Deported

Rosie-Sanchez-2


If you’ll remember, Rosie Sanchez owned a clothing store in downtown LA.
In 1985, a fire at the store of one of her competitors killed the owner’s father, who was spending the night in the store. Although Sanchez reportedly had a list of four alibi witnesses plus other indications that she was not, in fact, guilty of the crime, her attorney reportedly phoned it in. And guilty or no, the single mother of four was convicted of murder in 1986, and given a sentence of 25 to life.

Ten years ago students and staff at the Post-Conviction Justice Project at USC Law School met with Sanchez and came to believe that her lawyer gave her inadequate representation and that she may, in fact, be innocent.

Jennifer Farrell, a second year law student at USC, represented Sanchez at her parole hearing. Last Thursday it became clear that Governor Schwarzenegger was not going to oppose her release.

Even the judge who presided over her trial wrote a letter in her behalf, saying he was haunted by the conviction.

But despite her plans to live in the carefully decorated bedroom at her daughter’s house in Anaheim, on Thursday, her 50th birthday, Sanchez was released—and then escorted to the Mexican border and deported.

ICE said that Sanchez was never legal, hence the deportation.

The LA Times reports that Sanchez contends that she had been approved for a green card and would have received it if she hadn’t been arrested, according to USC Law professor Michael Brennan.

Here’s where it gets tricky. If Sanchez was indeed illegal when she was arrested, then that’s the ball game. It is extremely unlikely that there is any kind of road back.

If Sanchez was en route to getting her green card—then she would also be deported, because as a convicted felon, it doesn’t matter her legal status or how long she’s been in the U.S., if she is not a citizen, she’s out. Forever. Also no road back.

There is one possible exception to all this deportation certainty: If indeed Sanchez was a legal resident, and if her conviction could be reversed (or if the governor issued a pardon, which is what the USC group is hoping) then there is no need for deportation.

That’s true, of course, if—and only if—Sanchez is right about her immigration status pre-arrest, and her POV can be validated. If ICE is right, then nothing can make it possible for Sanchez to return to the U.S., ever—-even for a visit.

The Washington Post and the OC Register have more.

Photo by Shirley Jahad, KPCC

10 Comments

  • “That’s true, of course, if—and only if—Sanchez is right about her immigration status pre-arrest, and her POV can be validated. If ICE is right, then nothing can make it possible for Sanchez to return to the U.S., ever—-even for a visit.

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    Someone should tell Celeste millions of people have been sneaking across our borders illegally. Rosa Sanchez will most likely just sneak back into the country.

    http://www.azcentral.com/arizonarepublic/news/articles/2009/08/16/20090816borderreturns.html

  • Don’t go through Arizona, Rosa.

    The Maricopa County Sheriff’s Office in Arizona has launched a two-day, countywide crime and immigration sweep that authorities say will focus on drop houses, drug violators and human smuggling vehicles. Four hundred deputies and volunteer posse members are taking part in the patrols. The sweep, which began Thursday, is Sheriff Joe Arpaio’s 14th since early 2008.

    Surely, if Obama’s aunt can stay in this country illegally, Obama could grant a special exemption for Mrs. Sanchez on humanitarian grounds. Even I would go along with that.

    We could blame Bush, but Ronald Reagan was President in 1986 when she was convicted and he had been the governor, so he must have had something to do with this.

  • No worries. Sanchez will come back. The American business world, which profits off of cheap labor that illegal immigrants provide, made it easy to get across that border. And to think, they have racist citizens convinced it’s liberals who are behind our soft border security! They’re too good. How’s the phrase go? Nobody ever went broke underestimating the intelligence of the American public.

  • It’s just Maricopa county they have to be careful in, only because they have a racist sheriff there consumed by celebrity and in love with the camera. Notice how they’re still going there, though. It’s because the labor opportunities outweigh the threat of a showoff cop on a constant pitch for a new reality t.v. show.

  • “Nobody ever went broke underestimating the intelligence of the American public.”

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    Celeste must be making some serious cash from R.T. comments.

  • OMG, People come without permission across the US/Mexican border????

    WTF, the point that I meant to make (but didn’t really explain) is that if she’s deported after a felony conviction, she can’t even apply for legal entry, according to the law.

    This is true, by the way, even if she was here legally and deported after a felony conviction. The 1996 law sucks in this regard. People are deported who were brought to the U.S. as young children legally, never lived a day or their lives anywhere but here since they were toddlers, but then run afoul of the law in some way or other, serve their time, and then are deported to a country they don’t know at all.

    And it ain’t just people who are Mexican by birth. One young guy whose case I reported on was deported to Korea, where he knew no one and didn’t speak the language, leaving behind a young son here. He was promptly forced into the Korean army. Another deported to Cambodia, and so on.

  • I’d think you would back someone where the issue of guilt isn’t still a real strong possibility. Nothing I read on this case makes me believe she’s innocent so what’s the big deal?

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