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Mexican man charged with rape of girl, 13, had 19 deportations

  • ASSOCIATED PRESS

    This undated photo provided by the Geary County Detention Center In Junction City, Kan., shows Tomas Martinez-Maldonado. Records show that Martinez-Maldonado, a Mexican national accused of raping a 13-year-old girl on a Greyhound bus that traveled through Kansas, had been deported 10 times and voluntarily removed from the U.S. nine times since 2003.

WICHITA, Kan. >> A Mexican man accused of raping a 13-year-old girl on a Greyhound bus that traveled through Kansas had been deported 10 times and voluntarily removed from the U.S. another nine times since 2003, records obtained by The Associated Press show.

Three U.S. Republican senators — including Kansas’ Jerry Moran and Pat Roberts — demanded this month that the Department of Homeland Security provide immigration records for 38-year-old Tomas Martinez-Maldonado, who is charged with a felony in the alleged Sept. 27 attack aboard a bus in Geary County. He is being held in the Geary County jail in Junction City, which is about 120 miles west of Kansas City.

U.S. Sen. Charles Grassley, from Iowa and chairman of the judiciary committee, co-signed a Dec. 9 letter with Moran and Roberts to Homeland Security Secretary Jeh Johnson, calling it “an extremely disturbing case” and questioning how Martinez-Maldonado was able to re-enter and remain in the country.

U.S. Immigration and Customs Enforcement said it has placed a detainer — a request to turn Martinez-Maldonado over to ICE custody before he is released — with Geary County. ICE declined to discuss his specific case beyond its October statement regarding the 10 deportations.

Court filings show Martinez-Maldonado has two misdemeanor convictions for entering without legal permission in cases prosecuted in 2013 and 2015 in U.S. District Court of Arizona, where he was sentenced to serve 60 days and 165 days respectively.

A status hearing in the rape case is scheduled for Jan. 10. Defense attorney Lisa Hamer declined to comment on the charge, but said, “criminal law and immigration definitely intersect and nowadays it should be the responsibility of every criminal defense attorney to know the possible ramifications in the immigration courts.”

Nationwide, 52 percent of all federal prosecutions in the fiscal year that ended Sept. 30 were for entry or re-entry without legal permission and similar immigration violations, according to Transactional Records Access Clearinghouse at Syracuse University.

It’s not unusual to see immigrants with multiple entries without legal permission, said David Trevino, a Topeka immigration attorney who has provided legal advice to Martinez-Maldonado’s family. Most of Martinez-Maldonado’s family lives in Mexico, but he also has family in the United States, and the family is “devastated,” Trevino said.

“(President-elect Donald Trump) can build a wall 100 feet high and 50 feet deep, but it is not going to keep family members separated. So if someone is deported and they have family members here … they will find a way back — whether it is through the air, under a wall, through the coast of the United States,” Trevino said.

He declined to comment on his client’s criminal history and pending charge.

Records obtained by AP show Martinez-Maldonado had eight voluntary removals before his first deportation in 2010, which was followed by another voluntary removal that same year. He was deported five more times between 2011 and 2013.

In 2013, Martinez-Maldonado was charged with entering without legal permission, a misdemeanor, and subsequently deported in early 2014 after serving his sentence. He was deported again a few months later, as well as twice in 2015 — including the last one in October 2015 after he had served his second sentence, the records show.

ICE said in an emailed statement when it encounters a person who’s been deported multiple times or has a significant criminal history and was removed, it routinely presents those cases to the U.S. attorney’s office for possible criminal charges.

Cosme Lopez, spokesman for the U.S. attorney’s office for the District of Arizona, declined comment on why prosecutors twice dismissed felony re-entry after deportation charges against Martinez-Maldonado in 2013 and 2015 in exchange for guilty pleas on misdemeanor entry charges.

Arizona ranks third in the nation — behind only the Southern District of Texas and the Western District of Texas — for the number of immigration prosecutions among the nation’s 94 federal judicial districts for the fiscal year that ended Sept. 30, TRAC records show.

Moran told the AP in an emailed statement that the immigration system is “broken.”

“There must be serious legislative efforts to address U.S. immigration policy, and we must have the ability to identify, prosecute and deport illegal aliens who display violent tendencies before they have an opportunity to perpetrate these crimes in the United States,” he said.

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  • Let us remember that the U.S. Attorneys who refused to pursue felony charges against this animal are appointed BY THE SITTING POTUS. That means they are selected precisely because they will adhere to the current administration’s political agenda.

    And due to what we can only call divine intervention, that agenda is FINISHED in three weeks.

    We will soon have a real president, who will appoint U.S. Attorneys who will UPHOLD our laws, rather than a liberal political agenda.

    America is coming back after eight horrible years.

    • Yotare, you speak as if Obama himself was responsible for this event happening. So, based on what you’ve stated, we’re going to have the Don taking up a post on the wall to ensure there are no other illegals who make their way across our boarders?
      Oh how we bash and berate so many people for the actions of others and then claim responsibility for those when the system fails.
      Oh well. I guess we all have our own opinions……which brings me to what my ole’ grand-pappy used to say, “Opinions are like Okole’s- Everybody’s got one, some just stink worse than others”.
      Actually, that’s my comment, I just like acting like my grand-pappy used to say it.

      • If it was your daughter (assuming you have offspring) or family member you would be speaking out of the other side of your you know what, instead of backing up the failure running our country now.

        • How’s this for a stroke of brilliance:

          Expand the Gitmo facilities and stick all the illegal alien law breakers down there indefinitely.

          They aren’t U.S. Citizens, so they don’t need any of our rights and they need never come to trial.

          Not only that, but once they die, we can call in Planned Parenthood to harvest and market the organs for profit. The remainder can be used to fertilize our fields and orchards.

          Now that we’re such pals with Raul and the boys, maybe we can even negotiate for more territory adjacent to our Gitmo hotel facilities, cuz this will definitely be a growth industry until we have disposed of all those so hot to cross our borders illegally.

        • The Democrats and Libertards are to blame, these crimes committed by “ILLEGAL” aliens are one too many. One less crime by any person is better than a crime

      • GONEGOLFIN says: you speak as if Obama himself was responsible for this event.

        “As if”?

        He is INDEED responsible for this event what with

        — his use of the Ferguson Effect and BLM as bludgeons in his unending war against cops

        — and his turning our immigration enforcement forces into little more than helpless castrada

        — and his support of ‘sanctuary cities’.

        The current occupant of the White House nee community organizer excels at only one thing: destroying law and order and public safety by promoting divisiveness and hostility and chaos in the one country he hates more than any other, America.

        One hopes that Trump will instruct his AG to bring offending mayors of these scofflaw cities into federal court and charge them with sedition.

        • U.S.attorneys of Arizona and Texas both heavy enclaves of Repugs! Wanted to cecede from USA. These are two of the state’s that “catch and release” instead of prosecute. Why? Because they don’t want to jail them $$$$$?

      • Obama and the liberals are responsible for this. But even the republicans are guilty for not voting to shoot repeat invaders as this leniency has ruined the USA with tens of millions of illegal aliens. Only shooting at invaders and not a fence will stop the lawbreakers.

    • Let’s see, 2003. Hmmm. That’s GWB. Problem is places like Kansas and the “Farm Belt” encourage illegals to harvest their crops. Even in Wisconsin. Then the lazy locals scream “Their taking our Jobs”!!! Farm owner happy paying them by the harvested pounds.

        • Go preach to yotar, using the oBama blame pip. And the 12 step for your s hillary obsession. Now go suck on some trumpf Goo Aid.

    • Obummers and his supporters do not believe crime matters! He has released criminals before their sentences were served. 20 more days and America will start to be great again!!!

  • When Martinez-Maldonaldo’s attorney used the word “devastated” to described his family’s feeling, was he referring to their concern for the victim or the fact that is guy got caught? While I’m a believer in smart immigration and I don’t believe a wall on its own will stop illegal border crossing, I’m also a strong believer that the U.S. needs to do something significant to shore up our borders. IMO, sanctuary cities should be one of the first things to be addressed.

    • Actually Trump does not need to build a continuous wall. I am not recommending this but Trump can remove all water tanks and other aids that many illegals use when they cross from Mexico to the US. It does not have to be a continuous wall as there are many natural barriers along the borders, what they would do is build a wall with serious barbed wire only in key areas where most cross now, making the crossing much more difficult, time consuming and dangerous.

  • Moran told the AP in an emailed statement that the immigration system is “broken.” Broken and neglected by the current administration. Political correctness has been a continuation of insanity.

  • His big mistake was not committing his crime in a sanctuary city. Had he done that officials would have shielded him form law enforcement, cut him a check every month (thank you taxpayers), and give him free heath care (thanks again taxpayers).

  • Any person who indulged in raping does not belong in any society! Hence, those that are found guilty regardless of race, gender and age should be jailed and the keys thrown away!

    • FOUR QUESTIONS FOR THE STAR-ADVERTISER TRUMPETTES

      1. Why didn’t Thoss, Keonigoham, CEI and other Republicans demand harsh treatment of Donald “they let me do it cause I’m a celebrity” Trump, who has been accused of and admitted to sex crimes against multiple women and girls? (Imagine if Obama hade said or done similar things)

      2. Why have Republicans failed to propose and pass any immigration reform bills in their 6 years in control of the US Congress? And why haven’t the Trumpettes complained about this?

      3. Why have the SA Trumpettes ignored the fact that under Obama illegal immigration has declined and prosecutions and deportations surged to record levels despite any help from the Republican “do nothing” Congress that for years refused Obama’s requests for more ICE prosecutors, judges, facilities and staff?

      4. META QUESTIONS: Why do these right-wong denizens of the SA comment community continually ignore the facts while whining that Obama is to blame for every problem (mean old Obama gave me a hangnail, sniffle, sniffle)? Why do they have irrationally high standards and harsh criticism for our gracious, intelligent and honorable President (while using snide dog-whistle racist inmuendo), but then they ignore and excuse Trump and the Republican controlled Congress for any and all of their outrageous and irresponsible actions and omissions?

      In other words, why are our naughty little Trumpettes’ collective ignorance, bigotry, hypocrisy and self-delusion so immune to facts, reason and common decency?
      ….

      Whatever the answers, the SA Trumpettes are truly a bunch of pathetic losers.

      #MAGA2017

      • Um…NO! Really we are winners. True values and an American way will now thrive again in our country. The attempt to destroy our country by the current leadership is over. The attempt to have a new destroyer has been thwarted by the American people.

        So, lil’ Dannoboy, I correct your assertion stated above. “Poor whining liberals have lost their minds and the presidency and control of congress and most governorships and still have another election to contend with in two years that will likely trend the same.” With that we are the real winners not the real whiners like yourself.

        • You evaded the pertinent questions and the facts of the issue at hand, as typical Trumpettes tend to do, instead obsessed with political victory at all costs – even at the cost of reality. This strategy will not work for governance. Maybe that’s why Republicans repeatedly damage the economy.

  • You can thank POTUS Obama for this travesty and certainly, if Clinton was the President-elect, there would be a deluge of illegals coming into the country not to mention the current status of illegals currently in this country protesting Trump. The Democrats are still scratching their rear ends wondering how Trump was elected…well, this case is certainly one example of people disgusted with the libtards free and easy approach to these illegals. Nothing more and nothing less.

    • Illegal immigration has plummeted under Obama, as have abortion rates. That’s the result of good governance. These accomplishments of of his administration are all the more impressive given the virulent opposition from the Republican “do nothing” congress.

      • Congress voted the way their constituency wanted them to vote. That’s why both houses of Congress, the Presidency a,d over a 1000 state and local positions have changed in record
        numbers from Democrat to Republican.

        Let’s see how “do nothing” they are in a few weeks.

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