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THE
MONTEREY COUNTY JAIL WITH
TONIGHT'S TOP STORY.
REPORTER: ERIN, DAN, NO ONE
WOULD DISAGREE THAT PEOPLE
CONVICTED OF SERIOUS CRIMES LIKE
MURDER, RAPE, EVEN DRUG DEALING,
SHOULD BE HIGH ON THE LIST FOR
DEPORTATION, BUT SOME NOW
QUESTIONING WHY SOMEONE WITH ONE
MISDEMEANOR CONVICTION IS ON
THAT LIST.
CRIMINAL DEFENSE ATTORNEY
HERNANDEZ SAYS IN HIS MORE THAN
40 YEARS OF LAW PRACTICE, NEVER
HAS HE SEEN A CLIENT SUBJECT TO
DEPORTATION BASED ON A
MISDEMEANOR CONVICTION.
>> BUT NOW THINGS HAVE CHANGED,
THE WHOLE PARADIGM IS DEPORT,
DEPORT, DID DEPORT.
REPORTER: THAT'S EXACTLY WHAT
ONE OF HIS FORMER CLIENTS IS NOW
FACING.
19-YEAR-OLD JUAN MANUEL MARTINEZ
WHO LAST MONTH PLEADED NO
CONTEST TO A MISDEMEANOR CHARGE
OF TRESPASSING ON MONTEREY
COUNTY JAIL PROPERTY.
THE DAY HE WAS SET TO BE
RELEASED FROM JAIL, A FEDERAL
ICE AGENT WAS THERE AND TOOK HIM
INTO CUSTODY.
>> THE THIS WAS SUCH A MINOR
OFFENSE.
IT HAD BEEN A ROBBERY OR
SOMETHING, YOU KNOW, HURTING
SOMEBODY OR ASSAULT, THAT MIGHT
BE DIFFERENT, I CAN UNDERSTAND
SENTIMENTS.
BUT OVER SOMETHING AS TECHNICAL
AS THIS, I DON'T UNDERSTAND WHY
PEOPLE WOULD BE RABID ABOUT
DEPORTING THIS GUY, I JUST
DON'T.
REPORTER: MARTINEZ ALSO FALLS
UNDER THE DREAMER ACT BECAUSE HE
CAME TO THE U.S. AS A CHILD.
HIS DEFENSE LAWYERS SAID HE WAS
ON THE PATH TO CITIZENSHIP.
BUT MARTINEZ BROKE THE LAW AND
WHEN HE WAS ARRESTED HE WAS IN
IN POSSESSION OF METH AND POT.
THOSE CHARGES WERE LATER DROPPED
AND WHEN DEPUTIES ASKED HIM
DURING THE BOOKING PROCESS
WHETHER HE OR FAMILY MEMBERS
WERE INVOLVED IN GANGS, HE SAID
YES.
BUT NEVER SPECIFICALLY SAID HE
WAS, ACCORDING TO HIS ATTORNEY.
>> I'M HOPING THAT THE JUDGE
WILL FINE THAT THIS IS A MINOR
INCIDENT AND NOT DEPORTABLE.
>> UNFORTUNATELY, IT LOOKS LIKE
WE WILL SEE A LOT MORE OF THESE
TYPES OF CASES.
REPORTER: TRUMP RAN FOR
PRESIDENT ON THE PROMISE TO
DEPORT CRIMINALS WHO ARE IN THE
COUNTRY IT LILLY, SAYING THEY
POSE A THREAT TO PUBLIC SAFETY.
BUT CRITICS SAY HIS
ADMINISTRATION IS REACHING TOO
FAR.
>> WE ACTUALLY HAVE SEEN THE ICE
THEMSELVES HAVE REPORTED THAT
THEY HAVE REQUESTED PEOPLE WITH
AN INFRACTION TO BE DETAINED,
FOR REMOVAL PURPOSES.
AT THIS POINT THIS
ADMINISTRATION IS CRIMINALIZING
BEING UNDOCUMENTED.
REPORTER: THE DEFENSE ATTORNEY
WHO REPRESENTED MARTIN NEZ HIS
CRIMINAL CASE ALSO RAISING
QUESTIONS AS TO WHAT ROLE THE
JAIL HERE PLAYED IN HELPING
FEDERAL ICE AGENTS APPREHEND
MARTINEZ.
I REACHED OUT TO THE SHERIFF FOR
COMMENT, HE SEE HE WAS OUT OF
TOWN AT A CONFERENCE, BUT SAID
HE WOULD LOOK INTO IT.
AS FOR MARTINEZ, HE'S BEING HELD
IN A FEDERAL DETENTION CENTER IN
YUBA COUNTY, ACCORDING TO HIS
IMMIGRATION ATTORNEY.
HE'S SCHEDULED TO HAVE A BOND
HEARING IN SAN FRANCISCO NEXT
WEDNESDAY.
AARON, DAN?
>> THANKS YOU.
ACCORDING TO AN IMMIGRATION
ATTORNEY, THAT BOND HEARING IS
THE FIRST STEP IN WHAT COULD BE
A VERY LONG PROCESS FOR JUAN
MARTINEZ.
COULD TAKE UP TO A YEAR BEFORE
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