How come illegal with felonies enjoy immunity from prosecution of immigration violations & just get deported?

Question

U.S. Border Patrol agents from the Yuma Sector arrested a convicted sex offender in Kingman on Wednesday who was in the country illegally.

According to Agent Michael Lowrie, at about 2 p.m., the Arizona Department of Public Safety called the Yuma Sector's Blythe Station and said they had a "possible illegal alien" in their custody.

Agents assigned to the Blythe Station responded to the Kingman jail and took custody of the individual, who was later identified as Jorge De Jesus-Martinez.

Lowrie said agents determined that De Jesus-Martinez was in the country illegally and transported him back to the Blythe Station for further processing.

During processing, Lowrie said a fingerprints checks revealed that De Jesus-Martinez was a convicted sex offender

Back in September of 2008, De Jesus-Martinez was charged with one count of rape and one count of sexual battery. He was convicted on both counts and sentenced to serve two years in prison.

"He served his time in Stockton, Cali.," Lowrie said.

Lowrie said De Jesus-Martinez will be processed for removal proceedings and deported back to Mexico.

http://www.yumasun.com/news/lowrie-54015-jesus-martinez.html
He was convicted on both counts and sentenced to serve two years in prison.

"He served his time in Stockton, Cali.," Lowrie said.

Lowrie said De Jesus-Martinez will be processed for removal proceedings and deported back to Mexico.

If he was convicted of rape and sexual battery (convicted means he had a trial and not a plea) and was sentenced to 2 years which according to the article he has "served" unless I really stink at basic math...what is this guy doing out of prison? Paroled? If he is paroled wouldn't the parole board deem him a flight risk (since he is NOT a citizen)? If he only got 2 years for rape and sexual battery he most likely has a long probation period, when you are on probation you are not supposed to commit any crimes; being in the US illegally is a crime, not registering as a sex offender is a crime. It boggles my mind that they do not revoke his probation and throw him back in prison where he belongs.

Additional Details

Unless this is the year 2010 he went to prison in Sept 2008 & this is now, Nov 2009, where do you get he served a full two years in prison ?

Why not just send him back to his home country?
What good is that doing when he keeps returning ?

Answer 1

Best Answer - Chosen by Voters

Well, I kind of understand your "silent rage" at this case, but he did serve his 2 years in the slammer, now considering that he is illegal, he should have been deported immediately after serving his sentence, not given parole nor anything of the kind-just kicked out of the country...And is not it better that they will deport him-assuming he does not return again-instead of putting him back into prison for "violation of parole" for several years more-to additional cost of taxpayers?

Answer 2

President Obama gives illegal aliens certain rights and protections that not even an American Citizen has. They get free education, welfare, medicare care and don't usually have to go to jail for all the vicious crimes they commit. Ask Obama.....he is the one in charge of it now.

Answer 3

Here are a couple of observations.

(1) maybe he completed his sentence and was released without any kind of parole. California prisons are really overcrowded and people get released early there a lot.

(2) why should the taxpayers of California pay to house and feed this guy any more? Why not just send him back to his home country?

Answer 4

Anytime an illegal alien or even a permanent resident (green card holder) is arrested and convicted of any crime, the Immigration and Customs Enforcement puts a hold on them. It doesn't matter if they take a plea or not. Meaning, they shouldn't have a day of freedom. After serving time in in jail or prison, ICE takes over their custody, they process them and detains then, gets a day in immgration court, and ICE has 90 days to effect their deprtation. Aggravated felony cases are not eligible for voluntary departure, and sex crimes fall under that category.