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VerdictThe Judicial Watch

Because no one is above the law!® A News Publication from Judicial Watch lMay 2011 lVolume 17 lIssue 5

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JW Obtains Homeland Security Report on Illegal Alienwho was Charged with Killing a Virginia NunSanctuary and Stealth Amnesty Policies Strike Again!

A

Carlos Martinelly-Montano

P h o t o p r o v i d e d b y P r i n c e W i l l i a m

C o u n t y

P l i D t t

s detailed in the February is-

sue of the Verdic t, the Obamaadministration has been playinggames with the Freedom of Informa-tion Act (FOIA) by refusing to turnover a report detailing the agency’sinvestigation of an illegal alien, CarlosMartinelly-Montano, who is charged with killing a Virginia nun in a drunk driving accident in August 2010.

Te Department of HomelandSecurity (DHS) promised a federalcourt it would release the report earlierthis year, but then later claimed thatthe document was in “draft” form andtherefore would not be released.

But Judicial Watch lawyers wouldnot be denied. And Judicial Watch -nally received the edited “nal” reporton March 3, 2011.

Te nal report, which Judicial Watch investigators were told by Homeland Security was still being“worked on” last month [March], is

dated November 24, 2010, whichclearly shows Obama’s Departmentof Homeland Security lied about thestatus of the report. Te HomelandSecurity report obtained by Judicial Watch details policies and actions of the Obama administration and localgovernments that allowed Montano,an illegal alien who committed a series

of crimes, to remain on the streets

despite being subject to deportation.Te following is a detailedchronology of events as describedin the report, which JW received asa result of a FOIA lawsuit led onDecember 2, 2010. And even thoughthe Obama administration scrubbedthe report, there is more than enoughevidence that the amnesty andsanctuary policy agenda of the federalgovernment, local authorities and thecourts contributed to the nun’s killing:

n “On December 7, 2007, Montano was convicted for driving underthe inuence (DUI) in Prince William County, Virginia, and was sentenced to serve 30 daysof incarceration. Te judge inPrince William County, however,suspended all 30 days of the jailsentence with the result thatMontano was not jailed for his

oense. Local authorities didnot seek to determine Montano’simmigration status nor did they contact ICE [Immigration andCustoms Enforcement].…”

n “Almost one year later, on October4, 2008, Montano was booked into jail in Prince William County and

charged with another misdemeanDUI. At the time of this arrest,the local authorities determinedthat Montano was an illegal alienTus, ICE lodged an immigrationdetainer against him. As a resultof the immigration detainer,immigration ocers took him intcustody. On October 7, 2008,Prince William County ocials

released him from custody.…”

n “[Rather than detaining MontanoICE agents determined thatMontano was a candidate for the Alternatives to Detention (AD)program and … monitoredhis whereabouts using GPStechnology.…”



2 May 2011 l Volume 17 l Issue 5 l Immigration Supplemental

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May 2011 lVol. 17 lIssue 5

Immigration Supplemental

n “On April 27, 2009, as a result of the October 2008 DUI arrest, theCircuit Court of Prince WilliamCounty convicted Montano andsentenced him to serve 12 monthsand 3 days in jail. However, the

judge in Prince William County suspended 11 months and 13 daysof Montano’s sentence. As a resultof the judge’s decision, Montanoserved less than two weeks inPrince William County for hissecond DUI conviction.…”

n “On May 7, 2009, after Montanoserved the portion of his sentencethat had not been suspended, ICE

took him into custody. Based onMontano’s compliance during hisprior participation in the ADprogram, ICE ocers releasedMontano on the prior order of supervision (dating back to 2008) with the condition that he reportto ICE on a regular basis.…”

n “[While awaiting his deportationhearing,] “Montano was

charged on March 5, 2009, inFairfax County, Virginia, withmisdemeanor failure to appearrelated to driving without a license.Local ocials dismissed thischarge against Montano on May 5, 2009. County ocials did notcontact ICE. On April 27, 2010,a Manassas Park police ocercited Montano for misdemeanorreckless driving. Tere is no recordindicating that Montano wasbooked or ngerprinted or thatManassas Park ocials contactedICE. On June 1, 2010, Montano was convicted for reckless drivingand ned $500. Again, ICE was not contacted following thecitation or conviction.”

Te documents clearly show thatdecisions made by the Executive

Oce for Immigration Review causeddelays in the removal proceedings.Moreover, Montano’s immigrationattorney successfully lobbied animmigration judge to delay Montano’sremoval hearing on two occasions.Te court ultimately scheduledMontano’s hearing for August 19,2010, but it was too little too late.On August 1, 2010, while under theinuence of alcohol, Montano wascharged with crashing his car intoanother vehicle, killing one nun andcritically injuring two others.

So, what excuses did the Obamaadministration come up with to ex-plain this catastrophe?

Te report concludes: “In 2008, when the decision was made torelease Montano, fewer beds wereavailable in the Washington, D.C.metropolitan area.” Te reportalso points to government policiesthat allowed immigration ocials“broad discretion” about how to usedetention resources. Te Obamaadministration used this discretion torelease Montano in 2009, after he had

served jail time for his 2008 drunkendriving arrest.

Te following is Judicial WatchPresident om Fitton’s response to thisexcuse-making, as reported by Te Associated Press : “‘Most Americansexpect illegal aliens to be caughtand deported. o use the excusethat ‘We don’t have enough beds is so pathetic ,’ said Fitton, who accused theObama administration [of having]

a ‘neverending supply of reasons’ it won’t detain illegal immigrants.”’Te “report” does not mention

the series of other terrible Obamaadministration illegal immigrationpolicies that continue to put illegalalien criminals on the streets.

In July 2010, the Obamaadministration announced it would not take legal action against“sanctuary cities” that prevent



www.JudicialWatch.org

local law enforcement entities fromfreely communicating with federalimmigration ocials. In contrast,the Obama Justice Department leda lawsuit to stop the State of Arizonafrom enforcing SB 1070, a get-tough

illegal immigration law that mandateslocal law enforcement ocerscooperate with federal immigrationocials. Te Obama administrationordered federal immigration agents tofocus deportation eorts only on illegalaliens suspected of terrorist activity andthose convicted of “violent” crimes.

None of these policies are going todo anything to deter illegal alien crimi-nals from harming American citizens.

In fact, they will almost assuredly makematters much worse, as documented

clearly in the Homeland Security report obtained by JW.

“If this is the cleaned-up versionof the report, I can’t imagine whatbombshells were included in theoriginal version. Even in its editedform, this report is an embarrassmentto the Obama administration and aclear indictment of Obama’s lawlessapproach to illegal immigration. Aninnocent nun lost her life because localpolice ocers are not allowed—andObama immigration ocials couldn’tbe bothered—to enforce and obey thelaw. Te nun’s killing is a direct resultof the Obama administration’s decisionto undermine the enforcement of fed-

eral immigration laws,” stated Judicial Watch President om Fitton. JW

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