Judge allows two illegals to get married which allows them to apply for asylum.
Boston Herald reports U.S. District Court Chief Judge Patti B. Saris. Staff file photo by Angela Rowlings.
A federal judge allowed two illegal immigrants to get married in her courtroom yesterday — paving the way for a ceremony that could have an effect on their immigration status down the line.
Chief Judge Patti Saris permitted Jaime Antonio Alvarez Figueroa and Tatiana Chavez Vanegas to get married at Boston’s U.S. District Court. Figueroa is in ICE custody and Vanegas has ongoing removal proceedings and is planning to seek asylum, according to court documents.
“Mr. Alvarez Figueroa cannot be included in her application unless they are married,” wrote Figueroa’s attorney, Kerry Doyle. “It is important for his immigration case because he will be granted derivative asylum status should Ms. Chavez Vanegas be granted asylum and for the family to have any chance of being able to remain together in the future.”
Doyle wrote that Vanegas received a marriage license from Boston, and that Rischall Sanchez — a paralegal for Doyle’s law firm — was granted a one-day license to “conduct a brief marriage ceremony.”
The couple was slated to be married before Figueroa was arrested by ICE in April 2017, according to Doyle’s motion. Figueroa was in the process of requesting permission to marry at the Plymouth County House of Correction, where he is being held at the behest of ICE, and would not be able to have the ceremony until Sept. 18, according to the motion.
“Because prisoners have the right to marry … and a delay of almost five months is unreasonable, this Court ALLOWS Petitioner’s motion for meeting to permit marriage,” Saris wrote in her order allowing the ceremony.
Federal prosecutors opposed the motion. A spokeswoman for the U.S. Attorney’s Office confirmed that the ceremony occurred in Saris’ courtroom. Doyle did not respond to requests for comment.
In a separate ruling, Saris ordered ICE to transport Figueroa to all of his future hearings on pending criminal charges at Chelsea District Court. The Plymouth County sheriff was ordered to return Figueroa to ICE custody immediately at the conclusion of the hearings.
justice.gov
Harboring – Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who – knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
Encouraging/Inducing – Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who – encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Conspiracy/Aiding or Abetting – Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
Penalties – The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.
