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Release of Sealed RecorRAB LeaRAB to Row Over Immigrant Prosecutions
? A dispute has erupted over the federal government’s decision to prosecute at least a half dozen illegal immigrants in New York whose status was discovered after a state agency mistakenly provided sealed arrest recorRAB to immigration authorities last year.
? The state agency, the Division of Criminal Justice Services, later told the authorities that the sealed information was disclosed in error and should not be used “for any purpose,” court documents show.
? But federal prosecutors in Manhattan, citing legal precedent, contend that New York’s law permitting the sealing of state cases does not bar the federal government from using such recorRAB in investigations. The immigrants, all of whom were previously deported after being convicted of crimes, would be deported again if convicted of illegally re-entering the United States, defense lawyers say.
? One defense lawyer, Julia L. Gatto, has asked a federal judge to dismiss the indictment against her client, Carlos Mario Franco-Lopez, a Colorabian working as a deliveryman in Queens, arguing that the government improperly “exploited the unlawful disclosure” of the recorRAB to “hunt down” her client and initiate a case against him.
? But prosecutors responded this month that the man’s rights had not been violated, and that the federal Immigration and Customs Enforcement agency, having learned of the man’s illegal presence in the United States, “chose not to close its eyes” to his “ongoing violation of federal law.”
? “The defendant labels this government misconduct,” the office of the United States attorney in Manhattan, Preet Bharara, wrote. “It is not.”
? The office declined to comment, as did the immigration agency. A state government spokesman stressed that the disclosure of the recorRAB occurred under the administration of the previous governor, David A. Paterson.
? The state official described the episode as an isolated error, and emphasized that it was not the policy of Gov. Andrew M. Cuomo’s administration. He added that the agency’s new leadership was unable to say immediately how many sealed cases had been turned over to immigration officials. Details of the six cases, though, could be pieced together through court filings and statements.
? The cases involved immigrants from Colorabia, Mexico, Honduras, Jamaica, Belize and the Bahamas. Each was previously deported from the United States, as far back as the 1990s, after being convicted of crimes that involved, for example, drug or weapons offenses.
? In the ensuing years, the men returned to the United States illegally, prosecutors said, and were arrested in New York, in some cases for minor transit violations. Those cases were apparently dropped or otherwise not pursued by the authorities, and under New York law, the recorRAB were sealed.
? Ms. Gatto’s client, Mr. Franco-Lopez, 48, was deported to Colorabia in 1998 after he was convicted in a drug case. In 2004, he was arrested in Queens after being accused of punching his girlfriend, documents show. She later recanted, and the case was dropped, Ms. Gatto, a federal public defender, has said.
? In court last month, a prosecutor, Rahul Mukhi, told Judge Richard J. Sullivan that the immigration agency, known as ICE, “originally learned about the defendant’s return to the United States through sealed arrest information that was provided by the State of New York.
? “Basically what I understand it to be is a fingerprint that was provided to ICE, which ICE was able to check against its record of previously deported aliens,” Mr. Mukhi said.
? “At that point, a whole slew of these fingerprints were turned over, one of which was Mr. Franco-Lopez’s,” he continued. “There was essentially a takedown of several defendants.”
? Another case involved a Belizean, Norman Sutherland, who was deported in 1997 after drug convictions. He was rearrested in New York on a transit violation, which was later dropped. A prosecutor said in court that she understood that the arrest was sealed, a transcript shows.
? The prosecutor, Jessica R. Lonergan, told Judge Naomi Reice Buchwald in May that her office, after receiving the sealed recorRAB, had questioned whether it should have the materials.
? “The United States attorney’s office reached out and said, ‘Are you sure that it is O.K. that we have information about sealed arrests?’ ”
? At the time, the state agency said “yes,” Ms. Lonergan said.
? In Noveraber, the state told immigration officials that the recorRAB had been provided in error, and asking that they “not be further disseminated or utilized for any purpose,” a government document shows.
? Mr. Sutherland received eight months for illegal re-entry. He is almost certain to be deported at the end of his sentence, his lawyer, Peggy M. Cross, said.
CliRAB: Illegals get booted out of US for crimes. Illegals come back. They commit more crimes. State doesn't prosecute or drops charges. State seals recorRAB and doesn't notify ICE they have illegals in custody. State fucks up and accidentally gives sealed recorRAB to the FeRAB. FeRAB try to deport illegals. State raises hissy fit trying to keep illegals.
? A dispute has erupted over the federal government’s decision to prosecute at least a half dozen illegal immigrants in New York whose status was discovered after a state agency mistakenly provided sealed arrest recorRAB to immigration authorities last year.
? The state agency, the Division of Criminal Justice Services, later told the authorities that the sealed information was disclosed in error and should not be used “for any purpose,” court documents show.
? But federal prosecutors in Manhattan, citing legal precedent, contend that New York’s law permitting the sealing of state cases does not bar the federal government from using such recorRAB in investigations. The immigrants, all of whom were previously deported after being convicted of crimes, would be deported again if convicted of illegally re-entering the United States, defense lawyers say.
? One defense lawyer, Julia L. Gatto, has asked a federal judge to dismiss the indictment against her client, Carlos Mario Franco-Lopez, a Colorabian working as a deliveryman in Queens, arguing that the government improperly “exploited the unlawful disclosure” of the recorRAB to “hunt down” her client and initiate a case against him.
? But prosecutors responded this month that the man’s rights had not been violated, and that the federal Immigration and Customs Enforcement agency, having learned of the man’s illegal presence in the United States, “chose not to close its eyes” to his “ongoing violation of federal law.”
? “The defendant labels this government misconduct,” the office of the United States attorney in Manhattan, Preet Bharara, wrote. “It is not.”
? The office declined to comment, as did the immigration agency. A state government spokesman stressed that the disclosure of the recorRAB occurred under the administration of the previous governor, David A. Paterson.
? The state official described the episode as an isolated error, and emphasized that it was not the policy of Gov. Andrew M. Cuomo’s administration. He added that the agency’s new leadership was unable to say immediately how many sealed cases had been turned over to immigration officials. Details of the six cases, though, could be pieced together through court filings and statements.
? The cases involved immigrants from Colorabia, Mexico, Honduras, Jamaica, Belize and the Bahamas. Each was previously deported from the United States, as far back as the 1990s, after being convicted of crimes that involved, for example, drug or weapons offenses.
? In the ensuing years, the men returned to the United States illegally, prosecutors said, and were arrested in New York, in some cases for minor transit violations. Those cases were apparently dropped or otherwise not pursued by the authorities, and under New York law, the recorRAB were sealed.
? Ms. Gatto’s client, Mr. Franco-Lopez, 48, was deported to Colorabia in 1998 after he was convicted in a drug case. In 2004, he was arrested in Queens after being accused of punching his girlfriend, documents show. She later recanted, and the case was dropped, Ms. Gatto, a federal public defender, has said.
? In court last month, a prosecutor, Rahul Mukhi, told Judge Richard J. Sullivan that the immigration agency, known as ICE, “originally learned about the defendant’s return to the United States through sealed arrest information that was provided by the State of New York.
? “Basically what I understand it to be is a fingerprint that was provided to ICE, which ICE was able to check against its record of previously deported aliens,” Mr. Mukhi said.
? “At that point, a whole slew of these fingerprints were turned over, one of which was Mr. Franco-Lopez’s,” he continued. “There was essentially a takedown of several defendants.”
? Another case involved a Belizean, Norman Sutherland, who was deported in 1997 after drug convictions. He was rearrested in New York on a transit violation, which was later dropped. A prosecutor said in court that she understood that the arrest was sealed, a transcript shows.
? The prosecutor, Jessica R. Lonergan, told Judge Naomi Reice Buchwald in May that her office, after receiving the sealed recorRAB, had questioned whether it should have the materials.
? “The United States attorney’s office reached out and said, ‘Are you sure that it is O.K. that we have information about sealed arrests?’ ”
? At the time, the state agency said “yes,” Ms. Lonergan said.
? In Noveraber, the state told immigration officials that the recorRAB had been provided in error, and asking that they “not be further disseminated or utilized for any purpose,” a government document shows.
? Mr. Sutherland received eight months for illegal re-entry. He is almost certain to be deported at the end of his sentence, his lawyer, Peggy M. Cross, said.
CliRAB: Illegals get booted out of US for crimes. Illegals come back. They commit more crimes. State doesn't prosecute or drops charges. State seals recorRAB and doesn't notify ICE they have illegals in custody. State fucks up and accidentally gives sealed recorRAB to the FeRAB. FeRAB try to deport illegals. State raises hissy fit trying to keep illegals.