Man may still be deported even though charges of entering U.S. illegally were dismissed

The Times' H.G. Reza reports:

Eddie Mendiola thought his troubles were over when a federal judge dismissed the case against him for entering the country illegally. But weeks after the ruling, the Orange County resident remains in custody while the government presses ahead with efforts to deport him.

In August, federal prosecutors in Los Angeles did not oppose his attorney's motion to dismiss the case, seemingly clearing the way for Mendiola's release from custody. David A. Katz said his client had been illegally deported in 2005 to Peru -- where he had not lived since he was 3 years old -- and should not have been prosecuted for returning to the United States without documents.

Mendiola, 39, was a legal U.S. resident before he was deported because of his criminal record. When the illegal entry case was dismissed, he had expected to return home to Foothill Ranch and his wife, Brittany.

Instead, he finds himself caught in an apparent Catch-22. Though he will not be prosecuted on the charge of returning to the country illegally, immigration officials arrested him and used an administrative procedure to reinstate the 4-year-old deportation order.

Read more of "Man may still be deported even though charges of entering U.S. illegally were dismissed" here.

Click here for more on immigration issues.

-- Deborah Bonello in Mexico City

Photo: Eddie Mendiola is fighting an apparent Catch-22 regarding his deportation.

Comments

[southoc]

Chose a criminal life and you should forfeit any right of being here. We don't want you here.

Interesting how criminals have more rights than victims. I’ll bet, he, as a non citizen has free legal counsel.

[Jamie]

Hmmm, sounds like he was helping hide a dead body, and then he proceeds to assault people with deadly weapons. I'm sure Peru will love having him back. What if he is deported and then comes back again and does more assaults? He seems to have a rather dark existence.