The Trump administration is deporting an illegal immigrant who came to Hawaii from Mexico in 1989, and a 9th Circuit Court of Appeals judge is lamenting that he can’t stop the deportation.
Andres Magana Ortiz, now 43, came to Hawaii illegally in 1989 when he was 15 years old. He married a U.S. citizen in 2016, and has three American-born children, ages 12, 14 and 20 from a previous relationship.
Ortiz reportedly owns a business where he manages the crops of elderly coffee farmers, and owns his own coffee farm as well. He has had two DUI arrests in the past, but none within the past 14 years.
Ortiz has been fighting deportation orders for years, receiving a stay of removal in September 2014, and again in November 2016, but has finally ran out of options.
Judge Stephen R. Reinhardt wrote in a court opinion, “We are compelled to deny Mr. Magana Ortiz’s request for a stay of removal because we do not have the authority to grant it. We are not, however, compelled to find the government’s action in this case fair or just.”
Reinhardt further wrote:
“In his time in this country Magana Ortiz has built a house, started his own company, and paid his taxes. Although he apparently has two convictions for driving under the influence, the latest of them occurred fourteen years ago, and he has no history of any other crimes. Indeed, even the government conceded during the immigration proceedings that there was no question as to Magana Ortiz’s good moral character.”
The judge lamented:
“Magana Ortiz now asks us to stay his imminent removal. Because we are without authority to do so, he will be returned to Mexico, after having spent 28 years successfully building a life and family in this country. He will also be subjected to a ten-year bar against his return, likely forcing him to spend a decade deprived of his wife, children and community.”
Breitbart pointed out that Judge Reinhardt is married to a former top leader in the ACLU. He also complained in the document that President Trump has given authority to DHS agents to enforce immigration laws:
“On January 25, 2017, the President [Donald Trump] signed a series of executive orders dismantling the system of priorities that had previously guided Immigration and Customs Enforcement and Border Patrol in determining whom to deport. The orders also gave far greater authority to individual agents and officers, who are now removing non-citizens simply because they are here illegally, regardless of whether they have committed any offense.”
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