U.S. must provide incapacitated immigrants with lawyers, judge rules

Two mentally disabled immigrants must be given lawyers as they fight deportation, a U.S. district court judge has ruled.

Jose Franco-Gonzalez, 29, of Costa Mesa, and Guillermo Gomez-Sanchez, 48, of San Bernardino, are at the center of a case that marks one of the first instances in which a judge ordered representation for an individual in immigration proceedings, according to a coalition of advocacy lawyers arguing the men's cases.

The decision by U.S. District Court Judge Dolly Gee came last week just before Christmas. Both men have been free pending a bail hearing also ordered by Gee.

In a March lawsuit, the ACLU of Southern California and other advocates argued that the men's diminished mental capacities made them unable to voice their own interests. 

Franco, who is moderately retarded, was convicted and served a year in jail on an assault with a deadly weapon charge for throwing a rock during a fight between rival gangs, his attorneys have said. He doesn't know his birth date or how to tell time, and has an IQ no higher than 55, according to his attorney. 

Gomez is a paranoid schizophrenic who served one year of a two-year sentence for a 2004 assault conviction stemming from a scuffle over tomatoes he picked without permission. He has previous convictions, including for battery against a police officer, which his attorneys have attributed to his mental illness.

The lawsuit initially was filed only on behalf of Gomez and Franco. But the plaintiff's lawyers successfully petitioned the court to transform it into a class-action case on behalf of all detainees with mental disabilities, attorneys said

"Judge Gee's thorough opinion is a first step in ensuring that the rights of those who are rendered helpless by their mental illnesses are not ignored,'' said Michael Steinberg, a partner with Sullivan & Cromwell who is assisting in the litigation.

Both men are still facing possible deportation. Gomez is a legal resident and Franco has petitioned for a green card. Until they were freed in April, both had languished in detention centers and psychiatric hospitals for years because authorities considered them mentally incompetent, the plaintiffs' attorneys say.

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Comments

[Dave]

Hard to believe this .This people broke the law by entering this company and now we have to pay for Legal Help . Unbelievable . The States are broke and the come up with this .......stuff ?

[Jimbo]

Is there any possible reason to admit someone who is mentally disabled? Don;t we have enough mentally disabled people now?

[dhwj]

Great use for taxpayer funds.

Why bother educating our children when we could pay for convicted felons who are also illegal immigrants to fight deportation.

Anyone who wonders what is wrong with America's priorities should give a good look at this case.

Step right up folks and pay your taxes, here is where the money is going.

[Going Bust]

As you noted, this is the first time this sort of thing has been ordered. There is no prescedent. Expect an appeal and a reversal.

[geo88a]

I'd like think that in good U.S.A., we're not heartless bavarians. By all means, provide them with legal representation. But, if they lose their case kick 'em out.

[kuruc]

somebody please! get rid of this "judge".

[SAMUEL OLAGUE]

SEND THEM BACK TO THEIR COUNTRY......THE USA IS GOING BROKE SUPPORTING THE WORLD.........THE BOTTOM WILL SOON FALL OUT....GET READY.......

[RWh]

So they have a lawyer...so what? They are both law breakers; diminished capacity or not. Score one for legal justice. Get them the hell out of our country.

[Maryjane]

B L U E W A T E R:
She is the beginning of what we should call the STALL THE
HAUL PROCESS to MEXICO
There are plenty of AMERICAN MEN in our country that need
her HELP but she goes to these ILLEGALS and turns it into some
kind of POLITICAL AGENDA for her. SHAME ON HER!!!
.........................................................
No, what she's doing is giving them rights! EVERYONE HAS RIGHTS!!! We should all have the right to an attorney. I'm not saying that what these men did is correct or that with an attorny they will get to stay in the U.S. because if they were WHITE OR BLACK OR WHATEVER my opinion would be the same: PUNISHMENT. YOUR making it seem like she's giving them special treatment, she would do the same for an American or U.S. Citizen!

[jrotten]

why

[Deport Em]

They weren't too retarded or crazy to enter the country illegally or commit many crimes, were they?? This is BS. The US MUST stop giving into every whim from the racist advocates and those who support them. They are illegal and criminals who have served time, so they should have no rights. This is no-brainer - Deport them!

[Tommy]

This is an outrage! This Judge should be tossed from the bench. She has no business mandating that OUR TAX DOLLARS defend someone who broke the law by sneaking into our country! Wake UP America! We need to stop these types of Judges from holding office!!