Court Says Kidnapping Not Serious Enough to Warrant Deportation

Court Says Kidnapping Not Serious Enough to Warrant Deportation

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THE JUDICIAL WATCH BLOG

In what may seem like a bad joke, a U.S. federal appellate court has spared an illegal immigrant convicted of kidnapping from deportation ruling that it’s not necessarily a crime of moral turpitude.

The decision, issued this week by the famously liberal 9th Circuit Court of Appeals, rambles on for 27 pages and is almost comical. “This undoubtedly appears to be a difficult question at first glance,” it reads. “Kidnapping is a serious crime, and our instincts may be that it would meet the moral turpitude definition. Even for serious offenses, we must look to the specific elements of the statute of conviction and compare them to the definition of crimes involving moral turpitude.”

The case involves a Mexican man named Javier Castrijon-Garcia who entered the United States illegally in 1989 and incidentally has three American-born anchor babies. He has twice been convicted for driving with a suspended license (yes, California gives illegal aliens driver’s licenses) and in 1992 pleaded guilty to attempted kidnapping

 

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