Court rules that illegal immigrant convicted of possession of a false document (SS card) does NOT have to notify ICE

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Woman wins appeal over ICE notification judgment in Somerset County case

By MICHAEL DEAK • STAFF WRITER • July 23, 2008

NORTH PLAINFIELD —The Appellate Division of Superior Court of New Jersey ruled yesterday that an illegal immigrant found guilty of possessing a false Social Security card does not have to report to federal immigration authorities.

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The illegal immigrant, identified in court papers only as "V.D.," pleaded guilty as part of a plea agreement in May 2006 to two counts of fourth-degree possession of a false document.

She had been arrested following a motor-vehicle stop in the borough in April 2006. When she could not produce a valid driver's license, she was taken to police headquarters where officers discovered in her purse a Social Security card and a resident alien card both in the name of Nixie Rodriguez, according to court papers.

V.D. told police she was not Rodriguez and had bought the documents for $2,000, court papers say.

When she was sentenced in Superior Court in Somerville on Nov. 17, 2006, the judge ruled V.D. must perform 25 hours of community service and pay a $250 fine. In addition, the judge ruled V.D. had to notify the federal Bureau of Immigration and Customs Enforcement of the conviction within 90 days.

The judge also noted that she faced deportation as a result of the notification, according to court papers.

V.D. only appealed the judge's condition that she notify the federal authorities. She argued the requirement to notify the federal authorities had never been discussed as part of the plea agreement.

The appellate court ruled the requirement to notify the federal authorities was "inappropriate" because the judge "overstepped the court's authority."

Because the The Somerset County Prosecutor's Office had made a "discretionary determination" to allow V.D. to continue to resolve her immigration status, the court "disregarded the inherent authority of the prosecutor's office" by directing her to notify the federal authorities, the court ruled.

The appellate court also expressed concern about the policy ramifications about the order, saying it "could have significant ramifications upon the judiciary's ability to protect those who turn to it seeking justice."

The appellate court also noted that deportation is a civil proceeding, "not punishment for unlawful conduct."

http://mycentraljersey.com/apps/pbcs.dll/a...376/1003/NEWS01

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bump

[almaty 19]

The appellate court also noted that deportation is a civil proceeding, "not punishment for unlawful conduct."

there you go...

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The appellate court also noted that deportation is a civil proceeding, "not punishment for unlawful conduct."

there you go...

pretty soon, though, vj's many non-legal-experts will show up to say the court was wrong

[almaty 19]

yeah right, they are donning their federal robes right now ...and the hate be spewing

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yeah right, they are donning their federal robes right now ...and the hate be spewing

[NavarreMan 10]

Sorry guys... I roll with the Appellate Court on this one. If it wasn't in the agreement then the judge screwed the pooch. A deal was made and no matter how injust we may find it, a deal is a deal. IMHO.

[Ban Hammer 13,352]