LAKE COUNTY, Calif. – A young man raised in Lake County is facing the possibility that he will be deported from the United States – where he has lived for almost all of his life – due to an increasingly stringent interpretation of immigration law.
To those who know him, Carlos Solorzano is a kind-hearted, gentle, hardworking and decent man, a veteran who honorably served in the Marine Corps.
Solorzano, 27, was born in Mexico but has lived in the United States since he was a year old.
He grew up in Lake County, graduated from Lower Lake High School and did a three-year tour in the Marines.
About a year and a half ago, he and fiancee Danielle White moved to Alaska, where he works as a tattoo artist. Many of his clients serve in the military or are veterans like himself.
He’s on permanent resident status and is seeking to become a full-fledged US citizen.
“I’m an American, heart and spirit,” he said.
But Solorzano is facing the possibility of deportation due to what his attorney Margaret Stock says is an uptick in the government’s pursuit of deportation cases based on redefined criminal law terminology, combined with more stringent interpretation of immigration laws.
He’s been ordered to appear at a deportation hearing on Monday, Feb. 11.
“I’ve just really found myself in a precarious situation,” he said.
While Solorzano was in the military, he visited Virginia Beach, Va. On New Year’s Eve of 2006 he was involved in a bar fight. Solorzano said he was defending himself in a threatening situation.
Stock said Solorzano was charged and convicted with misdemeanor assault and battery.
Solorzano said he spent two days in jail before being sentenced to 365 days, with all but two days of that sentence suspended and the case settled with time served.
In Virginia, when jail time is waived by prosecutors in misdemeanor cases, the state isn’t required to provide defendants with criminal defense. But that creates the potential for deportation later.
He thought that the matter ended there. However, a recent visit to Mexico proved otherwise.
In December, as Solorzano was returning to the United States from Mexico, border agents flagged him, only allowing him back in the country on probationary status.
Based on their interpretation of his Virginia conviction, immigration officials concluded that Solorzano had an “aggravated felony” on his record, not the misdemeanor for which he had been sentenced.
In Solorzano’s case, the misdemeanor assault charge had the potential to carry a year or more in custody, which elevated it to the aggravated felony, a deportable offense, under immigration law, said Stock.
“The problem is that US immigration laws these days are very complicated,” explained Stock, a nationally recognized expert on immigration law who also is a retired lieutenant colonel in the Military Police, U.S. Army Reserve.
“They have redefined some of the normal terminology that people use in the criminal law field,” said Stock, who has been a professor at the United States Military Academy at West Point as well as an adjunct instructor at the University of Alaska.
The changes made it easier to deport people for relatively minor offenses, she said.
The law impacting Solorzano actually was changed in 1996, Stock said.
However, she said there has been an uptick in the pursuit of such cases under the Obama Administration, with Stock suggesting that the president is trying to convince people that he’s deporting a lot of criminals.
“They’re becoming draconian in their enforcement,” she said of the federal government..
Such actions, said Stock, are a huge problem in Virginia, where Solorzano was prosecuted.
A Washington Post article from January looked at the increase in immigrants in Virginia taking guilty pleas on what they believe are minor cases, only to later face deportation. The article points out that it’s also becoming an issue across the country.
Based on a 2010 US Supreme Court case, Padilla v. Kentucky, criminal defense lawyers are required to advise clients that guilty pleas could result in deportation. But Solorzano’s case predates that decision, and also is notable for his lack of a defense attorney while in Virginia.
The US Immigration and Customs Enforcement’s own statistics support Stock’s assertion that the enforcements are increasing.
Last year, the agency removed more than 225,000 aliens who had been convicted of crimes, nearly double the amount since 2008 and three times the rate reported in 2001. Overall, approximately 409,849 individuals were removed in 2012.
Late in December, US Immigration and Customs Enforcement Director John Morton sent out a memorandum to agency directors and special agents reinforcing the need to remain focused on removing individuals “whose removal promotes public safety, national security, border security, and the integrity of the immigration system.”
However, Morton’s memo still allows for resident aliens to be the focus of detainers if they have been convicted of past misdemeanors, including assault.
Service and citizenship
At the same time as he’s fighting his deportation, Solorzano is applying for full citizenship.
Because he served in the military under honorable conditions, Solorzano is eligible to naturalize, which no one previously had told him, said Stock.
Solorzano’s challenge isn’t unique, according to the group Banished Veterans, http://www.banishedveterans.info/ .
The group says there are thousands of veterans facing potential deportation for a variety of reasons. In other cases, some men have been deported from the United States after decades of residency due to relatively minor criminal offenses.
Solorzano – and veterans like him – could get some help from a bill that Congressman Mike Thompson (D-St. Helena) plans to introduce in the coming weeks.
In the last session of Congress, Thompson introduced HR 3761, the Support and Defend Our Military Personnel and Their Families Act.
That bill, which died in committee, was meant to expedite the naturalization process for veterans, Thompson told Lake County News in a Friday interview.
Thompson, himself a Vietnam veteran, said he has a soft spot in his heart for people who serve in the US military.
“Any time someone serves in the military and puts their life on the line, I think they should be given credit for that,” he said.
As such, he plans to reintroduce the bill sometime in the next month.
Despite Solorzano’s challenges, “I think he’s got a very good case,” said Stock.
She said defending against such cases is difficult and expensive.
“This is a very complicated area of the law,” she said, and it’s difficult to find lawyers with the necessary expertise. As a result, many people lose their cases and are deported.
The process also is stacked against Solorzano, since the government isn’t required to give him a court-appointed lawyer, requiring him to entirely cover that expense, Stock said.
It doesn’t matter if the cases are strong, Stock said, noting that agents aren’t being tracked for how good their arrests actually are.
“The government agents that go after people don’t read court cases,” said Stock.
Stock believes that cases like Solorzano’s come up because there is an incentive program for government agents to go after potential deportations in order to improve their statistics.
She pointed to recent reports of agents receiving everything from cash bonuses to Home Depot gift cards for having good case statistics.
“It shows you how tough the current administration is on people,” with little sympathy shown to those who have served in the military, said Stock.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.