Caught Fishing without a License-

[Kathryn41 3,205]

http://www.ajc.com/news/man-fishing-without-a-546214.html

3:37 p.m. Thursday, June 10, 2010

Man fishing without a license now facing deportation

By Chelsea Cook

The Atlanta Journal-Constitution

What started as an afternoon on Lake Lanier with friends has led to one man's imminent deportation.

Josue Castro, a 25-year-old living in Hall County, is originally from Honduras but is married to a U.S. citizen.

On May 25, Castro was arrested for fishing without a license after he could not provide sufficient identification to a Georgia Department of Natural Resources officer.

According to Castro's attorney, Arturo Corso, Castro was standing on the shore of Lake Lanier with friends when a GDNR officer approached the group in a boat. Around the same time, Castro walked up to his vehicle. The officer asked Castro if he was fishing, to which he replied, "No." The officer then asked him to open his trunk, which contained a fishing pole and a dead fish. Because Castro could not show a fishing permit, the officer began to issue him a citation.

"He showed the officer an ID from his church with his address on it, and his wife [beatriz Castro] showed the officer her Georgia driver's license, with the matching address," Corso said. "But they called Hall County PD anyway."

Josue and Beatriz Castro were recently married, but because Josue initially entered the United States without permission in 2005, he is not eligible for a green card.

"The gentleman simply could not produce sufficient identification," said Robin Hill, public affairs program manager for GDNR.

Corso said his client no longer denies that he was fishing, but the officers acted in violation of a policy regarding fishing violations, referencing Georgia code 27-2-40.

The code states: "In most instances, a person receiving a wildlife citation in the person's home state is permitted to accept the citation from the officer at the scene of the violation and to immediately

continue on the person's way after agreeing or being instructed to comply with the terms of the citation."

But there is another policy-- federal law 287G-- which may explain why Castro was taken into custody.

The law, which is only used in four counties in Georgia -- including Hall -- gives trained deputies the same power and duties of federal immigration officers.

Because the officers did not received U.S.-issued identification from Castro, he was subject to 287G.

“I was like, ‘Oh my goodness, they are going to take him,’” Beatriz told WSB-TV. “I started panicking. What went through my mind was deportation and being apart from him.”

But Corso thinks Castro's case is exemplary of something greater -- abuse of 287G.

"287G was created for criminals to get deported," Corso said. "Anybody, anybody that comes into contact with the jail is under scrutiny for immigration. They are using [287G] as an excuse to round up brown

people and deport them. It's ripping families apart. Young people who are born here, their parents are being deported."

The attorney also said, "Even if it's an illegal arrest or search, you're going to be subject to 287G, and no judge is ever going to hear about that arrest."

Castro has spent 17 days in a Hall County jail cell, but he will get the chance to see a judge Friday at 9 a.m. Corso will file a motion to suppress.

As far as Castro's deportation goes, Corso said, "It is almost guaranteed."

[Usui Takumi 1,562]

Huh. Well not sure what to say. If I were in his or his wife's shoes I would have known not to open the car and give my name and address only. But it sounds like the police would have arrested him anyway. Obviously their arrest would be unlawful, but as the lawyer stated, the Feds won't care.

Edited June 11, 2010 by Sousuke

[Obama 2012 1,714]

He signed his deportation papers himself being in the nation illegally. No sympathy.

[zenaxe 22]

I feel bad for this family but the primary issue here is one of being in the country legally and from what I read, he was not. The rest of the issues are important but the real salient issue is being illegal. You don't get deported not producing a document at the time of request.

[HeatDeath 430]

Entering without inspection is one of the three show-stoppers [along with material misrepresentation and false claiming of US citizenship]. Not much anyone can do for you if you get caught EWI, really. And these days, it can be an encounter with any law enforcement - no longer just les federales. I hope for the sake of anyone considering wandering in through the wilderness or swimming a river that the word is getting around: If you absolutely must immigrate illegally (and people's lives being at stake is about the only excuse - it's still massively illegal), coming in on a legal status - any legal status - and overstaying is infinitely superior to entering without inspection. It's no longer merely massively dangerous and flagrantly illegal - it won't even work anymore!

[Kathryn41 3,205]

I think that is the real lesson from the story - if you are here illegally - or cannot prove you are here legally - you can get discovered even for something small like fishing without a proper license. It doesn't have to be a big police stop or an ICE raid. It is also a good reinforcement for those new immigrants who have arrived legally to obtain some sort of legal government identification as soon as you can - State ID, DL, whatever - especially when waiting for green cards to be processed. Make sure you carry proof of your status with you at all times.

I just thought it was an interesting story because of all of the different factors involved that have been under discussion lately.

[peejay 327]

I have a feeling this was originally posted to solicite sympathy for this guy, but the American public is increasingly growing weary of foreigners that think they have some sort of free license to break whatever US laws they feel are inconvenient or don't want to obey. I personally could care less whether this guy comes into contact with law enforcement while fishing without a license, driving without a license, pissing in the bushes, shoplifting a banana from a grocery store, or whatever. When they are found to be illegally in the USA they should be arrested, detained, and deported. If his wife really loves him she will follow him to his country or wait out the 10 year ban on reentry. US prisons are full of people that are married and that doesn't exempt them from being incarcerated as proscribed by law. Being married doesn't exempt illegal aliens from deportation either and it shouldn't. If you don't want to be deported...don't break our laws.

Edited June 11, 2010 by peejay

[TBoneTX 45,287]

The officer asked Castro if he was fishing, to which he could have replied, "I realize that you're simply trying to do your job, Officer, but I don't have to answer that; good day." The officer then asked him to open his trunk, and Castro could have replied, "On the advice of my attorney, whom I asked years ago because I was curious, I never consent to ANY search. I wish to leave, Sir; am I free to go?"

Nothing like voluntarily surrendering one's Fifth & Fourth Amendment rights -- which, if Castro had had a clue about them (not likely, with most Illegals), could have deflected the entire contact and perhaps the 287g actions that followed. Presented not in support of an Illegal, but as an example of exerting our rights before they're completely taken away.

[peejay 327]

The officer asked Castro if he was fishing, to which he could have replied, "I realize that you're simply trying to do your job, Officer, but I don't have to answer that; good day." The officer then asked him to open his trunk, and Castro could have replied, "On the advice of my attorney, whom I asked years ago because I was curious, I never consent to ANY search. I wish to leave, Sir; am I free to go?"

Nothing like voluntarily surrendering one's Fifth & Fourth Amendment rights -- which, if Castro had had a clue about them (not likely, with most Illegals), could have deflected the entire contact and perhaps the 287g actions that followed. Presented not in support of an Illegal, but as an example of exerting our rights before they're completely taken away.

Your example quoted above is hypothetical and calls for a heck of a lot of speculation. The officer might have observed him catching the fish and was trolling to see what he would say when questioned. Who knows? You weren't there. I wasn't there either. So...what rights were taken away?

[Brother Hesekiel 2,236]

T Bone is right, as this is his pet peeve. So here are the 3 lessons to be learned:

1) If you're in the country illegally, don't pull any illegal sh*t on top of it.

2) If you get questioned by a law enforcement of officer, know how to respond in a proper manner. Thirty minutes reading up on this stuff and he could have gone away with it.

3) If you kill innocent fish, it will eventually bite you in the #######.

[Fandango 1,439]

T Bone is right, as this is his pet peeve. So here are the 3 lessons to be learned:

1) If you're in the country illegally, don't pull any illegal sh*t on top of it.

2) If you get questioned by a law enforcement of officer, know how to respond in a proper manner. Thirty minutes reading up on this stuff and he could have gone away with it.

3) If you kill innocent fish, it will eventually bite you in the #######.

Good thing it wasn't you, huh?

[Pooky 3,784]

T Bone is right, as this is his pet peeve. So here are the 3 lessons to be learned:

3) If you kill innocent fish, it will eventually bite you in the ####### ...

... or somewhere worse