Let me introduce you to Rigoberto Aguilar-Turcios.

Mr. Aguilar was born and raised in Honduras. In 1996 he immigrated to the United States and received permanent resident status. Four years later he enlisted in the Marine Corps.

In 2002 Aguilar was caught using a government computer to access pornographic internet websites. Aguilar pled guilty in 2003 to Article 92 violations. In September 2005 the government initiated removal proceedings against Aguilar. They cited his Article 92 guilty plea as the basis for deportation. Non-citizens who commit aggravated felonies* are subject to deportation.

Aguilar appealed his potential deportation. A Ninth Circuit C0urt of Appeals panel ruled Tuesday in Aguilar’s favor. Here’s the kicker however.  A footnote in the opinion issued by the 9th Circuit states-

While this appeal was pending and this court’s order staying removal was in place, the government mistakenly removed Aguilar to Honduras. To date, efforts by the government and Aguilar’s counsel to locate and return Aguilar to the United States have been unsuccessful.

A Government agency in violation of a court order, deported a person. Don’t think this is an isolated instance, check these stories.

Mark Lyttle of North Carolina deported

Pedro Guzman of California deported

Vietnam Veter and U.S. Citizen Hector Veloz detained by Immigration for 13 months

U.S. Citizen Thomas Warziniack detained by Immigration for 40 weeks

There are more cases like these. Immigration and Customs Enforcement also known as ICE has no jurisdiction over United States citizens. Either Naturalized or people born in the United States. However this lawless agency continues to violate the law and disobeys court orders.

Don’t get me started on it’s treatment of Marine Widow Hotaru Ferschke or  people like Navy widow Nok Kells who are being subject to the odious Widow Penalty. By the way, Immigration is losing one court decision after another in its effort to deport legal immigrant widows just because their marriage didn’t last two years. Some of these women have children, and that should be proof that the marriages were real. Instead Immigration is automatically denying these women(and a few men) permanent residency automatically without considering if their marriages were legitimate or not. The Immigration System of the United States is badly broken and for many more reasons than just the millions of illegal aliens in the country.

Hat tip- Immigration Law blog

*- Mr. Aguilar also pled guilty to Article 134 violations. Two computer harddrives, including the one he used under the Article 92 charges, were found to have child pornography on them. A immigration judge ruled these were not aggravated felonies and immigration attorneys did not appeal that decision.

I find anyone who views child pornography to be a sick pervert and on that basis Mr. Aguilar’s deportation would be more than warranted. However that wasn’t what the 9th Circuit was ruling on. I do bring this up to further prove the incompetence of Immigration authorties and attorneys. Why didn’t they appeal the Immigration judge’s ruling?