Posted on Feb 8, 2018
Rauner denies clemency to Army veteran with green card who is facing deportation
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"As is the case with many other green card-holding veterans, Perez, a father of two children who are U.S. citizens, mistakenly thought he became a U.S. citizen when he took an oath to protect the nation. Military superiors never offered to help him expedite his citizenship, he said."
What a bunch of bovine excrement. Bottom line - If you cannot abide by the possible punishment for an offense, don't do it - No Excuse.
"On the night of Nov. 26, 2008, while with that friend, Perez handed a laptop case containing cocaine to an undercover law enforcement officer. " JFC - How stupid can one be? TBI and PTSD are not excuses for this type of behavior.
One other thing - If the crime is serious enough, just because you become a naturalized citizen, does not mean that the government can not strip you of that citizenship and send you packing back to where ever you originated from, because they can and have.
What a bunch of bovine excrement. Bottom line - If you cannot abide by the possible punishment for an offense, don't do it - No Excuse.
"On the night of Nov. 26, 2008, while with that friend, Perez handed a laptop case containing cocaine to an undercover law enforcement officer. " JFC - How stupid can one be? TBI and PTSD are not excuses for this type of behavior.
One other thing - If the crime is serious enough, just because you become a naturalized citizen, does not mean that the government can not strip you of that citizenship and send you packing back to where ever you originated from, because they can and have.
Rauner denies clemency to Army veteran with green card who is facing deportation
Posted from chicagotribune.com
Immigration
Citizenship
Democrats
Republicans
Crime
Posted 7 y ago
Responses: 10
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An additional item:
This absurd story has been going on for some time. Here is a link to one of the earlier RP discussion threads on this individual - (December 2016): https://www.rallypoint.com/shared-links/deportation-of-chicago-army-vet-fought-despite-drug-conviction?loc=similar_main&pos=1&type=qrc
Here is the RP discussion thread from February 2017: https://www.rallypoint.com/shared-links/mexican-born-army-vet-facing-deportation-after-drug-related-conviction?loc=similar_main&pos=2&type=qrc
I say be done with it, apply the rules as outlined in law and policy. He is the one who broke faith with the American people, not the other way around. We (the American Citizen) owe this person nothing. Why should we (the American Citizen) have to pay for this individuals mistakes?
This absurd story has been going on for some time. Here is a link to one of the earlier RP discussion threads on this individual - (December 2016): https://www.rallypoint.com/shared-links/deportation-of-chicago-army-vet-fought-despite-drug-conviction?loc=similar_main&pos=1&type=qrc
Here is the RP discussion thread from February 2017: https://www.rallypoint.com/shared-links/mexican-born-army-vet-facing-deportation-after-drug-related-conviction?loc=similar_main&pos=2&type=qrc
I say be done with it, apply the rules as outlined in law and policy. He is the one who broke faith with the American people, not the other way around. We (the American Citizen) owe this person nothing. Why should we (the American Citizen) have to pay for this individuals mistakes?
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SSG Robert Webster
At least the current reports have stopped stretching the truth as much.
"Perez came to Chicago with his Mexican parents as a child, according to supports. He enlisted in the U.S. Army after the terrorist attacks on Sept. 11, 2001, and served two tours in Afghanistan with a special forces unit, supporters said." (November-December 2016)
Did he enlist before or after 9/11, whether that makes any difference at all?
And just because he was in an Airborne Artillery unit does not make him 'special forces.'
SSG William Bowen - In regards to your earlier statement on this thread about the Policy Manual, it is interesting that you stated the following in an earlier thread about this same individual and incident;
"Felony drug convictions are not good moral character, and he obviously was not well disposed to good order and happiness to he US."
(See the link abouve in this thread.)
"Perez came to Chicago with his Mexican parents as a child, according to supports. He enlisted in the U.S. Army after the terrorist attacks on Sept. 11, 2001, and served two tours in Afghanistan with a special forces unit, supporters said." (November-December 2016)
Did he enlist before or after 9/11, whether that makes any difference at all?
And just because he was in an Airborne Artillery unit does not make him 'special forces.'
SSG William Bowen - In regards to your earlier statement on this thread about the Policy Manual, it is interesting that you stated the following in an earlier thread about this same individual and incident;
"Felony drug convictions are not good moral character, and he obviously was not well disposed to good order and happiness to he US."
(See the link abouve in this thread.)
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Actually it is. A felony conviction for smuggling hard narcotics trumps his service, unfortunately.
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I dont think he should be facing deportation SSG Robert Webster He served this country, he should be fast tracked to citizenship absence of any other issues with citizenship for him. I just saw the felony conviction but I dont believe that should be a bar to him obtaining at least permanent residency.
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SSG Robert Webster
Really? Just because he served? You may want to go back and see why he left the service and what type of discharge he received. He has more than just a felony conviction.
Secondly, his excuse that he did not know that he did not get citizenship during his time in service, is also a bunch of hogwash.
At least obtaining permanent residency? You have to be kidding me. If we do not let people immigrate to the US because of moral turpitude reasons, WHY should we allow someone with this type of record remain in the US?
And like I stated at the top of this discussion - This individual is also using TBI and PTSD as an excuse for his behaivor. This individual was doing this before he joined the service, he was doing it while he was in the service, and he was doing it after he was booted out of the service. It has nothing to do with any actual or preceived injuries. Drinking to excess and occaisional use of cannibis, maybe, but dealing drugs?
Really want to know about PTSD? Speak with survivors of the the Battle of Pusan. More specifically, soldiers of the 29th Infantry Regiment, that is if you can find any that are still alive. If not read about them and read about what happened to the 3rd Battalion, 29th Infantry Regiment before they were consolidated with the 27th Infantry Regiment, and the Colors of the 29th Infantry were returned to Japan.
Secondly, his excuse that he did not know that he did not get citizenship during his time in service, is also a bunch of hogwash.
At least obtaining permanent residency? You have to be kidding me. If we do not let people immigrate to the US because of moral turpitude reasons, WHY should we allow someone with this type of record remain in the US?
And like I stated at the top of this discussion - This individual is also using TBI and PTSD as an excuse for his behaivor. This individual was doing this before he joined the service, he was doing it while he was in the service, and he was doing it after he was booted out of the service. It has nothing to do with any actual or preceived injuries. Drinking to excess and occaisional use of cannibis, maybe, but dealing drugs?
Really want to know about PTSD? Speak with survivors of the the Battle of Pusan. More specifically, soldiers of the 29th Infantry Regiment, that is if you can find any that are still alive. If not read about them and read about what happened to the 3rd Battalion, 29th Infantry Regiment before they were consolidated with the 27th Infantry Regiment, and the Colors of the 29th Infantry were returned to Japan.
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Maj Kevin "Mac" McLaughlin - Anything to add to your previous comments on this individual and his deportation prospects?
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Maj Kevin "Mac" McLaughlin
Did I comment on this guy? If so it must have been a while ago. I agree, if you want to avoid deportation, don't break the law. I also saw this : "Military superiors never offered to help him expedite his citizenship" Ok, it's not exactly a requirement of his superiors to actively help, but a good supervisor should be actively trying to help their troops out. If he's a discipline problem, I would not expect them to do so.
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SSG Robert Webster
Maj Kevin "Mac" McLaughlin - You did, it was about a year ago in February 2017. There is a link to that discussion in another part of this thread.
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It takes a lot to lose citizenship. Usually, that involves some sort of fraud in obtaining entry, residency, and/or citizenship.
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SSG Robert Webster
How about a felony conviction for drug trafficking with a 15 year sentence, with only 7 years served?
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SSG William Bowen
Generally, I would think probably not. If they were in the military there are specific rules that apply.
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter2.html
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter2.html
Grounds for Revocation of Naturalization - Chapter 2, Part L, Volume 12 | Policy Manual | USCIS
A person is subject to revocation of naturalization if he or she procured naturalization illegally. Procuring naturalization illegally simply means that the person was not eligible for naturalization in the first place. Accordingly, any eligibility requirement for naturalization that was not met can form the basis for an action to revoke the naturalization of a person. This includes the requirements of residence, physical presence, lawful...
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SSG Robert Webster
SSG William Bowen - Thank you for posting the Policy Manual.
I would highly suspect that the following section would have great bearing on this specific case;
C. Other than Honorable Discharge before Five Years of Honorable Service after Naturalization
A person is subject to revocation of naturalization if:
•The person became a U.S. citizen through naturalization on the basis of honorable service in the U.S. armed forces;
•The person subsequently separates from the U.S. armed forces under other than honorable conditions; and
•The other than honorable discharge occurs before the person has served honorably for a period or periods aggregating at least five years.
Now lets see how that plays out in this case:
"But Perez said he left college a few credits short of an associate's degree and enlisted in the Army in 2001, several months before 9/11.
Perez said he served in Afghanistan from October 2002-April 2003 and May 2003-October 2003, his lawyer said. Bergin added that Perez left the Army in 2004 with a general discharge after he was caught smoking marijuana on base." (CNN, 5 Feb 2018)
"Prosecutors also pointed out that Perez was given a general discharge from the military after a drug infraction." (Military.com, 30 Jan 2018)
Looks like he busted every single rule in that section, AND he did not even complete his first enlistment. He got booted before he had even served 4 years.
I would highly suspect that the following section would have great bearing on this specific case;
C. Other than Honorable Discharge before Five Years of Honorable Service after Naturalization
A person is subject to revocation of naturalization if:
•The person became a U.S. citizen through naturalization on the basis of honorable service in the U.S. armed forces;
•The person subsequently separates from the U.S. armed forces under other than honorable conditions; and
•The other than honorable discharge occurs before the person has served honorably for a period or periods aggregating at least five years.
Now lets see how that plays out in this case:
"But Perez said he left college a few credits short of an associate's degree and enlisted in the Army in 2001, several months before 9/11.
Perez said he served in Afghanistan from October 2002-April 2003 and May 2003-October 2003, his lawyer said. Bergin added that Perez left the Army in 2004 with a general discharge after he was caught smoking marijuana on base." (CNN, 5 Feb 2018)
"Prosecutors also pointed out that Perez was given a general discharge from the military after a drug infraction." (Military.com, 30 Jan 2018)
Looks like he busted every single rule in that section, AND he did not even complete his first enlistment. He got booted before he had even served 4 years.
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SSG William Bowen
So even he got his citizenship while serving, he could have lost it. They sure aren't going to award him with it now.
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