drunk driving

David Cross explains that selective information leads to a misleading report

David Olen Cross tracks and reports criminal alien activity throughout the state and has done so for years.   It's not surprising that he holds accountable those that would pick and choose which information to include in the recent Oregon Commission on Public Safety’s final report to the governor, submitted on December 17, 2012.

How convenient to exclude the most damning information when the Governor's agenda is clear to anyone who cares to look at it.

Read Cross's Guest Opinion, published at registerguard.com
 

Obama’s uncle gets expulsion rehearing

President Obama’s uncle has won a new deportation hearing in Boston immigration court, more than a year after a drunken-driving arrest in Framingham revealed that he had violated a longstanding order to return to Kenya.

Last week, the Board of ­Immigration Appeals granted Onyango Obama’s request to reopen his immigration case based in part on his contention that his prior lawyer was ineffective, according to a government official with direct knowledge of the case. Obama’s new lawyers have also argued that the 68-year-old Obama has lived in the United States for nearly half a century and ­deserves a chance to make his case.

Brian P. Hale — spokesman for U.S. Immigration and Customs Enforcement, which is prosecuting the deportation — confirmed that the board has reopened the case but declined to elaborate.

The board’s decision raised eyebrows among immigration lawyers who say it is difficult to persuade the immigration courts to reconsider a case that involves an arrest and a flagrant violation of a deportation order, last issued in 1992.

Framingham police arrested Obama for drunken driving in August 2011, and he later admitted in court that prosecutors had sufficient facts to bring the charge against him. But the drunken driving charge will be dismissed as long as he complies with terms of his sentence, including a year of probation that ends in March.

“With an outstanding order and a legally fuzzy plea, it’s pretty unusual for the board to reopen” an immigration case, said Crystal Williams, executive director of the Washington-based American Immigration Lawyers Association. “It’s not unheard of, but it’s pretty ­unusual.”

Scott Bratton, one of Obama’s lawyers at the Margaret Wong law firm in Cleveland, said Monday night: “We are obviously extremely pleased with the board’s decision. This will allow him to pursue his application for permanent resident status.”

Lauren Alder Reid, the courts’ chief counsel for legislative and public affairs, said she could not comment on the immigration case or say when a hearing would be scheduled because case information is generally protected by federal privacy provisions, unless the immigrant or his representative authorizes its release.

Because immigration court records are generally closed to the public, it is unclear what evidence the board reviewed to support Obama’s claim that his lawyer was ineffective. The government official who provided the reasons behind the board’s decision spoke on condition of anonymity because that person was not authorized to speak to reporters.

However, prior immigration judges’ rulings in Obama’s case obtained by the Globe under the Freedom of Information Act show that the Board of Immigration Appeals criticized his lawyer, Joseph F. O’Neil, in 1992 for failing to file a legal brief to support Obama’s appeal.

“Counsel for the respondent has in no meaningful way identified the basis of the appeal from the decision of the immigration judge,” the board said.

O’Neil, a veteran immigration lawyer and an adjunct law professor, died in 2008. Ralph J. Smith, a former ­associate of O’Neil’s who handled Obama’s deportation proceedings before the appeal, said in a phone interview Monday that he did not remember Obama’s case. But he described O’Neil as a strong immigration lawyer with decades of experience.

“When they say ineffective counsel, that’s something that’s being used just to make an appeal going,” said Smith, now 90 and retired. “It throws the ball over to the other side.”

Obama is the second relative of President Obama to face deportation in the Boston immigration court. The president’s aunt Zeituni Onyango was discovered in Boston’s public housing in violation of a deportation order just before the president won election in 2008. She won asylum in 2010 based in part on the exposure of her case to the public.

On Monday, critics said Onyango Obama appeared to be getting a special deal. Instead of deporting him, which happens frequently to other immigrants with deportation orders, Immigration and Customs released him from immigration detention. He obtained a federal work permit and a state hardship driver’s license, since his own was temporarily revoked, so that he could return to work at a liquor store.

After his arrest, Framingham police said Obama told them: “I think I will call the White House.”

“He would seem to fit the criteria of someone we would want to remove,” said Ira Mehlman, spokesman for the Federation for American Immigration Reform, which favors stricter limits on immigration. “And yet even in this case the system bends to his will and he gets another hearing.”

The president was not close to his late father’s side of the family, but he wrote about them in his 1995 memoir, “Dreams from My Father.”

But immigration lawyers said the fact that Obama is related to the president could bolster a potential argument that it would be unsafe for him to ­return to Kenya.

“Anyone who’s related to the president of the United States technically is at risk,” said Matthew Maiona, a Boston immigration lawyer.

Obama’s immigration history is a bit of mystery because immigration court files are closed to the public. According to the earlier judges’ decisions obtained by the Globe, an immi­gration judge first ordered him deported in October 1986 because he had no legal basis to stay and no special factors, such as American-born children, that would allow the judge to let him stay.

Onyango Obama came to America at age 17, in October 1963, to study at an elite boys’ school in Cambridge. According to the judge’s decision, he was supposed to have left the United States by Dec. 24, 1970.

Instead, Obama worked from 1973 to September 1984, when immigration officials found him, according to the court’s decision. In 1989, the judge again ordered him deported, and three years later the Board of Immigration appeals dismissed his appeal.
 

Criminal Aliens in State Prisons as of Oct. 1, 2012

According to the Oregon Department of Corrections (DOC) Inmate Population Profile dated October 1, 2012 DOC indicated there were 14,234 prisoners incarcerated in DOC’s 14 prisons.

Not included in DOC’s October 1st Inmate Population Profile was DOC data indicating there were 1,242 foreign nationals (criminal aliens) incarcerated in its prison system.

All 1,242 criminal aliens incarcerated on October 1st by DOC had United States (U.S.) Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), detainers. The U.S. DHS–ICE is responsible for indentifying whether a DOC inmate is a criminal alien or a domestic inmate. If an inmate is identified as being a criminal alien, at U.S. DHS–ICE’s request, the DOC places an “ICE detainer” on the inmate that directs DOC officials to transfer custody to ICE following completion of the inmate’s state sanction.

Criminal aliens made up approximately 8.72% of the DOC October 1st prison population.

Comparing DOC criminal alien incarceration numbers from October 1, 2007 (985 criminal aliens) and October 1, 2012 (1,242 criminal aliens), the DOC prison system incarcerated 257 criminal aliens more than it did on October 1, 2007, a 26.09% increase.

A review of the 1,242 criminal aliens in DOC prisons by number per county and percentage (%) per county equated to the following: 0-Baker (0.00%), 14-Benton (1.13%), 91-Clackamas (7.33%), 7-Clatsop (0.56%), 2-Columbia (0.16%), 8-Coos (0.64%), 3-Crook (0.24%), 0-Curry (0.00%), 19-Deschutes (1.53%), 5-Douglas (0.40%), 1-Gilliam (0.08%), 0-Grant (0.00%), 2-Harney (0.24%), 7-Hood River (0.56%), 50-Jackson (4.02%), 12-Jefferson (0.97%), 7-Josephine (0.56%), 11-Klamath (0.88%), 0-Lake (0.00), 67-Lane (5.39%), 8-Lincoln (0.64%), 29-Linn (2.33%), 11-Malheur (0.88%), 282-Marion (22.70%), 7-Morrow (0.56%), 286-Multnomah (23.03%), 1-OOS (0.08%), 19-Polk (1.53%), 0-Sherman (0.00%), 3-Tillamook (0.24%), 21-Umatilla (1.69%), 2-Union (0.16), 0-Wallowa (0.00%), 4-Wasco (0.32%), 229-Washington (18.44%), 0-Wheeler (0.00%), and 34-Yamhill (2.74%).

Your listeners should be aware the types of crime committed against their fellow Oregonians by the 1,242 criminal aliens.

A review of the 1,242 criminal aliens in the DOC prison population by numbers per crime and percentage (%) per crime equated to the following: 4-arsons (0.32%), 129-assaults (10.39%), 28-burglaries (2.25%), 28-driving offenses (2.25%), 175-drugs (14.09%), 1-escape (0.08%), 4-forgeries (0.32%), 153-homicides (12.32%), 50-kidnappings (4.02%), 71-others (5.72%), 175-rapes (14.09%), 79-robberies (6.36%), 233-sex abuses (18.76%), 93-sodomies (7.49%), 12-thefts (0.97%), and 7-vehicle thefts (0.56%).

Lars Larson Show listeners should also be aware of the source of the preceding crimes, the country of origin of the 1,242 criminal aliens in DOC prisons.

The self-declared counties of origin of the 1,242 criminal aliens in the DOC prison population by numbers and percentage (%) per country equated to the following: 8-Canada (0.64%), 11-Cuba (0.88%), 17-El Salvador (1.37%), 31-Guatemala (2.49%), 12-Honduras (0.97%), 8-Laos (0.64%), 1,018-Mexico (81.96%), 99-others (7.97%), 6-Russia (0.48%), 14-Ukraine (1.13%), and 18-Vietnam (1.45%).

Beyond the DOC criminal alien incarceration numbers and incarceration percentages, per county and per crime type, or even country of origin, criminal aliens pose high economic cost on Oregonians.

An individual prisoner in the DOC prison system costs approximately ($84.81) per day to incarcerate.

The DOC’s incarceration cost for its 1,242 criminal alien prison population is approximately ($105,334.02) per day, ($737,338.14) per week, and ($38,446,917.30) per year.

None of the preceding cost estimates for the DOC to incarcerate the 1,242 criminal aliens include the dollar amount for legal services (indigent defense), court costs, nor cost estimates to cover victim assistance.

An unfortunate fact, the State of Oregon is not fully cooperating with the U.S. DHS–ICE to fight crime committed by criminal aliens who reside in Oregon.

In year 2007, a United States Department of Justice (USDOJ) report titled “Cooperation of SCAAP (State Criminal Alien Assistance Program) Recipients in the Removal of Criminal Aliens from the United States, U.S. Department of Justice, Office of Inspector General Audit Division, Audit Report 07-07, October 2007, Redacted-Public Version” identified the State of Oregon as having an official “state sanctuary statute,” ORS 181.850 Enforcement of federal immigration laws.

The USDOJ, the federal governments top law enforcement agency, identified Oregon as a “sanctuary” for criminal aliens.

The State of Oregon should no longer be classified by U.S. federal government law enforcement as having an official “state sanctuary statute” for criminal aliens, nor should Oregon be a sanctuary for criminal aliens to kill, rape, or maim Oregonians.

Report by David Olen Cross, for delivery on the Lars Larson Show, Thursday, Nov. 1, 2012.

Republicans decry 'deadly' policy as report shows illegal immigrants committing new crimes

Roughly one in six illegal immigrants is re-arrested on criminal charges within three years of release, according to new government data being released Tuesday.

Those charges range from murder to drunken-driving and, according to House Republicans pushing out the report, are symptoms of what they describe as a "dangerous and deadly" immigration policy.

The findings, obtained by Fox News, are contained in reports by the Republican-controlled House Judiciary Committee and nonpartisan Congressional Research Service. They are the result of the committee’s subpoena request for Department of Homeland Security records from October 2008 to July 2011.

The information was analyzed by the CRS, which also broke down the information for criminal immigrants -- legal immigrants who committed crimes and were arrested again over the three-year period. Together, the two groups also had a roughly one-in-six recidivism rate.

The records show 276,412 reported charges against illegal and criminal immigrants over that three-year period as identified by Secure Communities, a federal program that essentially attempts to make best use of resources by identifying and prioritizing which illegal immigrants pose the biggest threat to public safety and should be arrested or deported.

Of the 160,000 people in the database, more than 26,000 were re-arrested -- accounting for nearly 58,000 crimes and violations.

They allegedly committed nearly 8,500 drunken-driving offenses and more than 6,000 drug-related violations. The records also show major criminal offenses, which included murder, battery, rape, kidnapping and nearly 3,000 thefts. Roughly 2 percent of the crimes included carjacking, child molestation, lynching and torture, according to the 13-page Congressional Research Service report.

“The Obama administration could have prevented these senseless crimes by enforcing our immigration laws,” the committee chairman, Rep. Lamar Smith, R-Texas, said. “But President Obama continues to further his anti-enforcement agenda while innocent Americans suffer the consequences.”

The report showed that more than 7,000 of those re-arrested were illegal immigrants. Among their charges were 19 murders, three attempted murders and 142 sex crimes.

The records were subpoenaed last year in large part over concerns that Obama administration changes to Secure Communities was allowing “potentially millions of illegal and criminal immigrants to avoid current immigration law,” according to the GOP-led House committee.

The Department of Homeland Security could not be reached for comment.

Committee members cited one case in which an illegal immigrant was flagged by Secure Communities for a June 2010 vehicle theft and then arrested five months later for attempted grand theft.

He was then arrested roughly six months later in connection with murder. He and two other men allegedly attempted to rob a 68-year-old man. When the victim’s grandson intervened, the illegal immigrant allegedly shot and killed the grandson, according to the committee.

“While this illegal immigrant should have been detained and deported, he was not considered a priority under the Obama administration’s reckless immigration policy and was released onto our streets,” the committee concluded.

 

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