ICE Should Use Prosecutorial Discretion, Allow Phoenix High School Student to Remain in U.S., Supporters Say

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In June 2011, U.S. Immigration and Customs Enforcement's then-director John Morton issued a memo outlining the agency's exercise of its "prosecutorial discretion" in civil immigration cases.

Morton emphasized that ICE would use this discretion to ensure the agency's "enforcement priorities." And ICE's number one enforcement priority, as described in a previous Morton memo, is the removal of criminal aliens and aliens who pose "a national security risk or a risk to public safety."

Some local immigration attorneys I know tell me that since the Morton memo, ICE has changed its game and is working with them to release non-criminal aliens.

Yet, ICE remains an institution that relies on deportations to exist in its current state. For ICE, the fact that the Obama administration is closing in on 2 million deportations is a good thing.

Help Justo remain in the U.S. by sending an email to ICE authorities.

One of those deportations may end up being Justo Rojop, a Phoenix high school student with no criminal history, who was brought to this country from Guatemala a few years ago by his father.

Currently, Justo, 18, is fighting a deportation order while imprisoned at the Eloy Correctional Facility, run by the private prison behemoth Corrections Corporation of America. The prison was the site of a protest on Monday where several activists chained themselves together in front of an entrance to the facility.

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Justo Rojop, currently playing soccer in CCA's Eloy Detention Center and hoping for a miracle . . .

Justo should be finishing his high school degree at Esperanza Community Collegial Academy, where, according to his teacher and soccer coach Sal Reza, the well-known civil rights activist, he has been a good student and an outstanding athlete.

In fact, Justo helped Esperanza's soccer team beat better-financed teams in its league to become a runner-up for the state championship in 2012, and, then, state champion in 2013.

But last year, while he was still 17, Justo was driving home from his job as a busboy at a Scottsdale restaurant, when the car was pulled over for a traffic violation.

Then a minor, Justo was not charged with anything, according to his attorney Gabriel Sayavedra, but he was taken into custody and turned over to ICE. The agency promised to release Justo to a parent.

Problem is, Justo's father is also undocumented. When he showed up to get his child, he was taken into custody as well. Ultimately, both father and son were released on their own recognizance, Sayavedra says, with the understanding that ICE would send them letters, advising them of their respective court dates.

Sayavedra believes ICE sent Justo a letter, but Justo did not receive it, since he had moved to a new apartment. As a result, Justo did not show for court, and was promptly ordered deported.

At the time Justo was released, ICE advised him to check in with the agency in a year's time. When Justo did this, the agency arrested him.

"We tried to reopen the case," Sayavedra told me. "But immigration was opposed to reopening it, and the judge did not grant the motion to reopen."

Sayavedra is appealing the case to the Board of Immigration Appeals, which is the immigration court of last resort. He expects to hear something within three months or more.

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13 comments
john043012
john043012

This is the problem for Hispanics and their illegal brethren they demand that certain crimes like driving without a license or applying for a job using false information should be overlooked not prosecuted if it would involve a deportation. They feel the illegal alien has a human right for a better life regardless of how its obtained. All of us are required to obey all the laws we are held accountable for our actions and in reality pay the consequence's.  Cant have 2 sets of rules.

OATHKEEPER1958
OATHKEEPER1958

WELL THIS BROWN PIECE OF SHIT SHOULD BE SENT SOUTH OF MY BORDER!!!!  DON'T BELONG HERE AND HE'S A CRIMINAL AND HIS GODDAM PARRENTS

royalphoenix
royalphoenix

Anything to do with the CCA, I think they have changed their name, is corrupt as it gets. How are those republicans and democrats treating you folks today ? You vote for them, you live with them. peace

logicman
logicman

Send the father back to South America.  Work out a deal with the kid to stay.

robert_graham
robert_graham topcommenter

What a heart-filled sob story. I'm touched by I don't buy it.

robert_graham
robert_graham topcommenter

Absolutely not. Should authorities use discretion and let murders out of prison who they think will never kill again?  There are plenty of murders who could be good students too. Why not give them a chance too?

He is ILLEGAL!  If he were an illegal alien from Canada, China, Japan, Nigeria or any other country I'd say the same thing -- deport!

Again, there are many murders, rapists, robbers and others in prison who have special skills and if you feel you we should ignore illegal immigration and give free passes to those who choose to break the alw then why not give free passes to those other criminals too?


IdontRecall
IdontRecall

@GOATKEEPER, OH SHUT D FUCK UP, U PIECE OF SHIT, COCKSUCKER OLD CUNT, THIS IS NOT "YOUR" BORDER BITCH, 2 M U R D WETBACK, SINCE UR PARENTS PROBABLY CAME ACROSS D OCEAN, - IF NOT, WHO KNOWS FROM  WHAT HELLHOLE- BRINGING THEIR FILTH, DESEASES AND EVIL WAYS, U DON'T BELONG HERE FUCKING HILLBILLY, AT LEAST U SHOULD STAY UP OVER UR HILL AND NOT BRING UR IGNORANCE 2 TOWN, PROBABLY UR GODDAMN PARENTS R AS IGNORANT AS URSELF OR PERHAPS CRIMINALS AS WELL,I DON'T KNOW WHAT THEY WERE THINKING WHEN THEY PROCREATED U, BRINGING AN IGNORANT POS HILLBILLY & ANCHOR BITCH AT D SAME TIME. GET D FUCK OUT OF THIS CONTINENT. SCUM & TAKE THAT CLOWN W/U.

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham  be nice Robert. you should sit quietly while people defend this kid. you say we are giving him a free pass (we arent), meanwhile you already had your free pass when you broke the law by threatening someone with a baseball bat or tire iron on this site. YOU broke the law and some one gave you a free pass

MaskedMagician1967
MaskedMagician1967 topcommenter

"Should authorities use discretion and let murderers out of prison who think they will never kill again?"

They already do Robert. It's called parole. When an inmate is up for parole, the parole board, usually composed of 3-5 people, looks at factors such as the crime committed, how much time has been served, ability to rehabilitate, probability of the inmate becoming a repeat offender, etc

A well-known case is Mark David Chapman, the man who killed John Lennon. He's been denied parole every time he's been up for it due to letters from John's wife Yoko Ono.

ExpertShot
ExpertShot topcommenter

@MaskedMagician1967 Another case is Governor Brewer's murderer son, he was released from prison but is kept in a special wing of the nut house where he won't be subject to the indignities of the prison inmates - but he should be in prison cause he's not insane, just the son of a wealthy well-connected politician.

danzigsdaddy
danzigsdaddy topcommenter

@OATHKEEPER1958  good god HILLFOLK, its been almost a year and you still cant scrape up $8 for a keyboard? just what are you spending your unemployment check on?

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