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Because no one is above the law!

The Judicial Watch
A News Publication from Judicial Watch


May 2011

Volume 17

Issue 5

JW Obtains Homeland Security Report on Illegal Alien who was Charged with Killing a Virginia Nun
s detailed in the February issue of the Verdict, the Obama administration has been playing games with the Freedom of Information Act (FOIA) by refusing to turn over a report detailing the agencys investigation of an illegal alien, Carlos Martinelly-Montano, who is charged with killing a Virginia nun in a drunk driving accident in August 2010. The Department of Homeland Security (DHS) promised a federal court it would release the report earlier this year, but then later claimed that the document was in draft form and therefore would not be released. But Judicial Watch lawyers would not be denied. And Judicial Watch finally received the edited final report on March 3, 2011. The final report, which Judicial Watch investigators were told by Homeland Security was still being worked on last month [March], is dated November 24, 2010, which clearly shows Obamas Department of Homeland Security lied about the status of the report. The Homeland Security report obtained by Judicial Watch details policies and actions of the Obama administration and local governments that allowed Montano, an illegal alien who committed a series

Carlos Martinelly-Montano

On December 7, 2007, Montano was convicted for driving under the influence (DUI) in Prince William County, Virginia, and was sentenced to serve 30 days of incarceration. The judge in Prince William County, however, suspended all 30 days of the jail sentence with the result that Montano was not jailed for his offense. Local authorities did not seek to determine Montanos immigration status nor did they contact ICE [Immigration and Customs Enforcement]. Almost one year later, on October 4, 2008, Montano was booked into jail in Prince William County and

charged with another misdemeanor DUI. At the time of this arrest, the local authorities determined that Montano was an illegal alien. Thus, ICE lodged an immigration detainer against him. As a result of the immigration detainer, immigration officers took him into custody. On October 7, 2008, Prince William County officials released him from custody.

[Rather than detaining Montano,] ICE agents determined that Montano was a candidate for the Alternatives to Detention (ATD) program and monitored his whereabouts using GPS technology.

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Photo provided by Prince William County Police Department

Sanctuary and Stealth Amnesty Policies Strike Again!

of crimes, to remain on the streets despite being subject to deportation. The following is a detailed chronology of events as described in the report, which JW received as a result of a FOIA lawsuit filed on December 2, 2010. And even though the Obama administration scrubbed the report, there is more than enough evidence that the amnesty and sanctuary policy agenda of the federal government, local authorities and the courts contributed to the nuns killing:

2 May 2011

Volume 17

Issue 5 l Immigration Supplemental

On April 27, 2009, as a result of the October 2008 DUI arrest, the Circuit Court of Prince William County convicted Montano and sentenced him to serve 12 months and 3 days in jail. However, the judge in Prince William County suspended 11 months and 13 days of Montanos sentence. As a result of the judges decision, Montano served less than two weeks in Prince William County for his second DUI conviction. On May 7, 2009, after Montano served the portion of his sentence that had not been suspended, ICE took him into custody. Based on Montanos compliance during his prior participation in the ATD program, ICE officers released Montano on the prior order of supervision (dating back to 2008) with the condition that he report to ICE on a regular basis. [While awaiting his deportation hearing,] Montano was charged on March 5, 2009, in Fairfax County, Virginia, with misdemeanor failure to appear related to driving without a license. Local officials dismissed this charge against Montano on May 5, 2009. County officials did not contact ICE. On April 27, 2010, a Manassas Park police officer cited Montano for misdemeanor reckless driving. There is no record indicating that Montano was booked or fingerprinted or that Manassas Park officials contacted ICE. On June 1, 2010, Montano was convicted for reckless driving and fined $500. Again, ICE was not contacted following the citation or conviction.

The documents clearly show that decisions made by the Executive

Office for Immigration Review caused delays in the removal proceedings. Moreover, Montanos immigration attorney successfully lobbied an immigration judge to delay Montanos removal hearing on two occasions. The court ultimately scheduled Montanos hearing for August 19, 2010, but it was too little too late. On August 1, 2010, while under the influence of alcohol, Montano was charged with crashing his car into another vehicle, killing one nun and critically injuring two others. So, what excuses did the Obama administration come up with to explain this catastrophe? The report concludes: In 2008, when the decision was made to release Montano, fewer beds were available in the Washington, D.C. metropolitan area. The report also points to government policies that allowed immigration officials broad discretion about how to use detention resources. The Obama administration used this discretion to release Montano in 2009, after he had served jail time for his 2008 drunken driving arrest. The following is Judicial Watch President Tom Fittons response to this excuse-making, as reported by The Associated Press: Most Americans expect illegal aliens to be caught and deported. To use the excuse that We dont have enough beds is so pathetic, said Fitton, who accused the Obama administration [of having] a neverending supply of reasons it wont detain illegal immigrants. The report does not mention the series of other terrible Obama administration illegal immigration policies that continue to put illegal alien criminals on the streets. In July 2010, the Obama administration announced it would not take legal action against sanctuary cities that prevent

Judicial Watch Board of Directors Chris Farrell Tom Fitton Paul Orfanedes Editorial Consultant Brandon Millett Circulation Director John Albertella Design Consultant Jeanne Minnix Graphic Design, Inc. Public Affairs Director Jill Farrell Production Manager Federico Lines Telephone (202) 646-5172 or 1 (888) 593-8442 Fax (202) 646-5199 Email Internet Site Send your comments and questions to Editor, Verdict c/o Annual suggested donation is $35. Requests should be sent to: Judicial Watch Verdict Judicial Watch, Inc. 425 Third St., SW, Suite 800 Washington, DC 20024 The Judicial Watch VerdictTM is published monthly and distributed to its members, supporters and interested parties by Judicial Watch, Inc., a 501(c) 3 non-profit organization incorporated in 1994 in the District of Columbia. Copyright 2011 Judicial Watch, Inc. All rights reserved. Editorial content may be duplicated with attribution and without permission. May 2011 l Vol. 17 l Issue 5 Immigration Supplemental

local law enforcement entities from freely communicating with federal immigration officials. In contrast, the Obama Justice Department filed a lawsuit to stop the State of Arizona from enforcing SB 1070, a get-tough illegal immigration law that mandates local law enforcement officers cooperate with federal immigration officials. The Obama administration ordered federal immigration agents to focus deportation efforts only on illegal aliens suspected of terrorist activity and those convicted of violent crimes. None of these policies are going to do anything to deter illegal alien criminals from harming American citizens. In fact, they will almost assuredly make matters much worse, as documented

clearly in the Homeland Security report obtained by JW. If this is the cleaned-up version of the report, I cant imagine what bombshells were included in the original version. Even in its edited form, this report is an embarrassment to the Obama administration and a clear indictment of Obamas lawless approach to illegal immigration. An innocent nun lost her life because local police officers are not allowedand Obama immigration officials couldnt be botheredto enforce and obey the law. The nuns killing is a direct result of the Obama administrations decision to undermine the enforcement of federal immigration laws, stated Judicial Watch President Tom Fitton. JW