Oregon Judge Under Investigation For Allegedly Helping Mexican Immigrant Evade Immigration Officials

3de6031f00000578-4277332-image-m-64_14885126524613de6034f00000578-4277332-image-a-65_1488512663302There is an internal investigation of Oregon Judge Monica Herranz is accused of helping him leave Multnomah County Court after she was accused of actively helping a Mexican immigrant evade immigration officials who wanted to arrest and possibly deport him.

Herranz is a pro temp judge appointed by the Supreme Court as a staff position.

Diddier Pacheco Salazar, 22, appeared before Herranz and pleaded guilty to a DUI case. Such a criminal offense would place him in the category of priority deportees for ICE under the new Trump policy.  ICE agents waited for him to come out of the courtroom but he never emerged.  When they went into the courtroom, he had vanished.  The agents and U.S. Attorney concluded that he must have been allowed to depart through the judge’s private door.  Besides the door used for the jail cells, it is the only exit in the courtroom and either the judge and/or staff must have allowed him to use it.

The U.S. Attorney noted that Herranz is on the board of the Oregon Hispanic Bar Association.  The organization has been at the forefront in calling for resistance to the crackdowns on undocumented immigrants:

While we recognize and respect the variety of political perspectives within our community, we cannot condone language and actions which target immigrants, people who converse most comfortably in languages other than English, black and brown people, and other marginalized members of our community.

We recognize that many in our community, and particularly the Latino community, are grieving, afraid, uncertain of their future, and experiencing an increase in overt hostility from people around them.  We commit to standing against hate, discrimination, and oppression without concern to political affiliation.  We have not forgotten that we are also a community of immigrants, past and present, who have worked hard and contributed immeasurably to life in the United States.

As officers of the law, we stand for justice and human dignity.  We pledge to resist any tendency to minimize or justify or ignore mistreatment of our most vulnerable citizens.  We commit to a courageous vision of justice that tells the truth, even and especially those parts of the truth that we are most tempted to avoid or ignore.

Putting aside allegations of obstructing federal enforcement officers, there is a specific provision under INA Sec. 274. [8 U.S.C. 1324] on harboring aliens:

(a) Criminal Penalties.-
(1) (A) Any person who-
. . .
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
 . . .
(v) 1/ (I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs-
i) in the case of a violation of subparagraph (A)(i) or (v)(I) 2/ or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, 3/ be fined under title 18, United States Code, imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), 4/ be fined under title 18, United States Code, imprisoned not more than 5 years, or both;

What is interesting is that the U.S. Attorney opted not to open a criminal investigation and the matter is solely being investigated as an internal court matter.  Why?  If the judge actively sought to obstruct the arrest of an individual, that would be a criminal act.

The use of court staff or facilities to assist in such acts would normally be viewed as an aggravating circumstance.  This is more than a sanctuary city not assisting federal enforcement. This is actively secreting a potential arrestee by allowing the use of a door that the ICE agents may be barred from using or may be unaware exists.

Salazar, a Mexican-born construction worker,  changed his plea at his second court appearance on January 27 in exchange for a deferred sentence and participation in a diversion program.    Ironically, he was arrested two weeks later after another court appearance.

The court may have viewed ICE as making it an unwilling participant in his arrest by using the hearing.

However, does that justify these actions?  In my view, it does not.

69 thoughts on “Oregon Judge Under Investigation For Allegedly Helping Mexican Immigrant Evade Immigration Officials”

  1. Did Katie or anyone really bar that door on a regular basis? The guy walked out the door. Period.
    He made off. Don’t blame the Judge. It’s not the jail.

    1. Most Latin American countries are still in the third world (“suck” in your parlance) because we’re exploiting them and diffusing anything akin to sovereign status in Mexico, the Caribbean, and Central and South America. Perhaps, you could call it American Exceptionalism if you like.

  2. JT noted that it is interesting that the U.S. Attorney decided not to pursue a criminal investigation.
    See “Devontre is 19. He could face a year in prison for a gram of marijuana”.- Willamette Week, July 26, 2016
    The Oregon U.S. attorney seems to have other priorities…..he may not have the time or inclination to investigate the judge in this case.

    1. If it were true that the US Attorney for Oregon didn’t have the time or inclination to prosecute a state judge pro tem for assisting a fleeing alleged felon (removal and reentry constitutes a federal felony), one would think his job would be vulnerable considering Trump’s position on immigration and presumably on attempts to derail it..

    1. Hey, buddy, she’s in Oregon. Leave CA out of this (for now), we’ve got enough of our own problems!

      1. Wonderer – someone mentioned San Diego and I got confused. My bad. 😉

  3. The Justice Department should hang her high over the midsection of the country, setting an example for the millions of other lawless officials who are trying to take over our country by using illegal immigration.

  4. Proof? Do you have any proof that the pro tem judge herself violated the law? No, you don’t, or you would have said so. Any one of a number of persons could have allowed him to escape, or he could have figured out where the exit was on his own and slipped into chambers and out the door. It is also possible that he did actually slip past ICE on his way out. Merely because it is possible he used the private exit via the judge’s chambers, and merely because the Judge belongs to an advocacy group for HIspanic causes, doesn’t even come close to enough to probable cause to charge the judge with any kind of criminal offense.

    How about the real story of the day: Jeff “Cracker” Sessions, denying, under oath, he had any contact with the Russians. What about that one? He might have been able to make this turd float if shut up after denying any recollection of the meetings, and if he hadn’t volunteered the statement that he didn’t have any contact. Of course, just like Lyin’ Kellyanne, he didn’t mean it, he had a flat tire, his car was stolen…IT WASN’T MY FAULT…..Jake from “The Blues Brothers”.

    1. Natacha:

      Jeff “Cracker” Sessions, Lyin’ Kellyanne. Adding pejorative/racist descriptions does not win your argument.

      Try courtesy and logic – it makes your arguments a lot more persuasive.

      Also recognize what Prof. Turley’s readers think of you after that post – all that we know of you is that you are racist and like to insult people – sad epitaph.

      1. Problem is, these describers are accurate. There is no nice way to explain the history of Sessions and his efforts to prevent black people from voting, as just one example of his racist agenda. Kellyanne is so far down the tubes with dishonesty that I’m seriously beginning to wonder about her mental health. Now she’s claiming to be a victim of media abuse and she’s upset that people have said things to her children indicating that she’s less than honest. Well, what does she expect when she lies over and over again? If she behaved in an honorable manner and didn’t lie constantly, pivot, and try to reassign blame for everything to Hillary Clinton and the Democrats, people would not call her names or insult her. Kellyanne has done these things to herself. It’s not sexism, liberal bias, media bias or anything else that she couldn’t have controlled and prevented. She relished in perfecting the pivot during the election, and this is how she got the job. She is not respected, and it is fully her own fault because she has consistently engaged in a pattern of dishonesty. Just because she holds a position in a Presidential administration does not entitle her to respect. That is earned, and it’s likely too late for her.

        Put all of this into perspective. Sessions could have shut up after denying any recollection of a meeting with Russians, but he didn’t. His is supposed to be this country’s top cop–in charge of enforcing our laws. He is a lawyer, of course, and any lawyer who does criminal work will tell you when you are under suspicion or being questioned by authorities to answer a direct question using as few words as possible, and then shut up. Don’t volunteer. He apparently doesn’t know the basic rules, so he’s not only dishonest, he lacks basic skills and insight. Maybe it’s because he’s gotten away with so much over the years that he thinks he’s bullet-proof. If he was smart, he would have retained counsel to advise him before going on the record after photographic proof that he lied came to light. He also apparently lacks insight into just how serious this all is. It’s not going to go away. Again, he isn’t respected, and it is completely his own fault.

        Oh, and I don’t have to “pretend” to be a lawyer. I’ve been one for 35 years.

      2. “Jeff “Cracker” Sessions, Lyin’ Kellyanne. Adding pejorative/racist descriptions does not win your argument.”

        Honestly?

        And you start out 90% of your comments with’The Pinkos”?

    2. Just for fun, pretend you are a lawyer, and you have to present Session’s case to a court. Give Franken’s question, and Session’s answer, and show why you think it was “perjury” You know, the ol’ apply the law to the facts of the case thingy.

      Then, try to brainstorm a little and see how you think a defense lawyer might respond. Write it out.

      Then, you can be more than a name-caller and a smear artist! Or, not. I am betting on, “not.”

      Squeeky Fromm
      Girl Reporter

  5. Would Judge Herranz have done the same for a white American if law enforcement was waiting to arrest them? I doubt it – a prime example of racial preferences – a Hispanic judge favoring another Hispanic.

    Would the U.S. attorney have let you or I off the hook in similar circumstances? I doubt it. Judge Herranz’s ethnicity seems to have played a role in the very mild disposition of her case.

    Once again, there is one level of justice for the protected and another – much harsher system – for normal Americans.

  6. The Feds are dropping the case because in OR, judges are elected, and if she is sent to trial on this, in Oregon, the Feds would probably lose due to Jury Nullification, which was written into the Oregon Constitution at statehood, and remains the only state constitution to do so.

    1. It is a process that is used after the jury has returned a guilty verdict as well as an argument available to the defense.

    2. Turley said:

      “Herranz is a pro temp judge appointed by the Supreme Court as a staff position.”

    3. Just indict her and get it over with. She’s a Leftist ideologue who violated federal law. The only difference here is she gets to wear a black robe while not in church. By the way, she’s not an elected judge as the article clearly states..

  7. It’s a Witch Hunt for Judges that think.

    Then Again you might not be Parnoid if Trump thinks people are out to get him, because they are.

    They are only out to get him because he lies. I am shocked to hear people say he has done so much. They are deluded, maybe that’s a common element of Trump supporter.

  8. He supposedly got arrested right after for Drunk Driving and thats when ICE finally got custody.

    This Judge needs to be removed from bench, disbarred and thrown into prison for awhile.

  9. We are a nation of laws, not a nation of men and women. If the men and women entrusted to administer the law do so not according to the law but on personal whim, there is anarchy and best and tyranny at worst. Wait, maybe I got that backwards, tyranny at best and anarchy at worst. Well, either way, you get the idea.

  10. Not that I condone a judge – a beautiful one at that – committing what is alleged to be a federal crime, but the comment from the US Attorney at the CNN link in this blog post gave me pause:

    “Plainclothes Immigration and Customs Enforcement agents stationed themselves outside because someone convicted of a DUI is considered a risk to public safety, said Billy Williams, US attorney for Oregon.”

    The defendant was at the courthouse for a hearing (which could have been his arraignment, readiness or other) in his DUI prosecution and apparently pleaded guilty that day. How did ICE know he was going to plead guilty that day, and was he to be released that day or was he being returned to jail to await sentencing? And someone who is convicted of DUI is a “risk to public safety”? I know judges who have been convicted of DUI and are still on the bench.

    1. Steve Groen,
      You can’t deport a judge or any other citizen for a DUI.
      You can deport an illegal immigrant for being in the U.S. illegally, and getting a DUI.
      JT explained the law in his column.

      1. tnash: Prof. Turley cited the law as it might apply to the judge, not Pancheco.

        The US Attorney says they’re not going to prosecute the judge. I presume that is a political decision. If it isn’t, then it would seem the allegation that the judge assisted Pancheco was political.

        I can’t imagine what the courthouse in San Diego would look like were ICE to be there for every undocumented immigrant involved in a dispute.

        1. Steve Groen,
          You are correct that the statutes quoted by JT apply primarily to the judge.
          I think the references in those quoted statutes at least touch on the issue of an illegal immigrant with a DUI ( or other offense) can be deported.
          The judge’s alleged conduct arose from her goal of thwarting ICE in enforcing the law.
          As far as San Diego is concerned, you are welcome to all the drunken, uninsured illegal immigrants.
          Better that than a crowded courthouse.

    2. Last sentence: what a pathetic argument. Are any of those judges illegally here in the US? Second to the last sentence: Do you think convicted DUIs are imprisoned for NOT being a “risk to public safety,” or for having bad hair cuts? I suggest you review how many deaths are caused solely and directly by persons DUI. Is solely and directly causing an innocent’s death not a “risk” only when the subject is illegal immigrants? If not, please list sum total categories of persons you deem immune to the law and common sense, much lacking in your argument.

    3. SG:
      They knew because they can read an NCIC computer screen or used that to check public arrest records or some relative tipped them off. It must be wonderful to be fascinated by initial exposure to just about everything.

  11. “We commit to a courageous vision of justice that tells the truth, even and especially those parts of the truth that we are most tempted to avoid or ignore.”

    Is she an officer of the court or a social justice warrior? If her “vision” doesn’t align with the rule of law then she needs to be disbarred.

  12. Great, gotta love the Judge. I am sure her appointment will be recalled if true. Sounds like ICE is a sore loser.

    They again, why isn’t Trump arrested for facilitating criminal enterprise? He shielded Flynn, then now Session’s and his son in law for meeting with the Russians.

    I guess the President and his criminal associates are above the Law.

    I see he is trying to run the country like his business. No one is in control or taking responsibility. Only after S**t hits the fan does Trump react.

    Really, really sad, he won with 206 electoral votes, not, only 204. The man lies so much he thinks it the truth.

    I have never seen such a big bunch of sore winners. Maybe they aren’t really winners as they know the truth and are afraid the Truth will come out.

    I guess Obama really is responsible for Trumps mess. I read he sent to Intel report to 20 different agencies. I guess he did not want the message to get lost.

    Then again if Trump and his Criminal enterprise hadn’t done illegal things, one, they would not have to lie; two) they wouldn’t be so paranoid; (three) be responsible for the truth; and (fourth) don’t try to bend the truth after you have been caught lying.

      1. That may really be the number he would have gotten if some of the states were not All or Nothing electoral votes.

        But, you are absolutely correct the number was 304/ not 306 or as fat fingers typed 204.

        You are a real 🌭.

        Thank you for noticing my error and my correction.

        🌽🥖🥜

    1. Utterly delusional, smh. Yup, you are in for a very long 4 years and should the Democrats continue on this path they will lose even more seats in 2018. Please keep it up. 🙂

        1. It is going to be great really really great. The midterm elections are near. It’s good 😊, I mean it’s a really really good thing if you happen to be independent or democratic. They are predicting a house majority and pick off 2 senators seats,💺 💺 . It’s going to be a ⛈ (stormy) 🌊 (sea) for the 🐘, 🐘 .

          1. “They” were also predicting a large electoral college win for Hillary.
            And “they” were predicting the likelihood of the the Democrats regaining control of the Senate in 2016.
            I think there are 33 Senate seats up for grabs in 2018—- if I remember correctly, the Democrats hold 25 of the 33 seats, and the GOP has only 8 seats it has to defend.
            Anything can happen, but the election calender does not favor the Democrats in 2018.
            They are at a disadvantage.
            ( In the 2016 Senate races, the GOP was at a disadvantage.
            I think there were 34 Senate seats on the ballot, with 24 for the GOP to defend, only 10 for the Democrats.

            1. tnash,
              2016 was supposed to be the Democrats sweeping victory. They are clearly still in the anger stage of grief as evidenced by how poorly they’ve handled the exact opposite results. What is most striking is how their rage won’t allow them to self-assess and instead they are continuing the same strategy that was rejected across the country. The longer this goes on the deeper the American people’s resentment towards Democrats will grow.

      1. It might be shorter than 18 months. I wonder if Pence will give Trump a full Presidential Pardon!

    2. I doubt you know or care, but in 2013 then-AG Eric Holder admitted to lying to Congress under oath, IOW, he admitted to committing felony perjury. I’m sure you believe it’s fine he suffered no punishment. Your hypocrisy is on full display. Sessions did not lie under oath, nor did he admit to same. Maybe you missed the fact that the “comic” Senator couched the question to Sessions as to Sessions’ job as “surrogate” for POTUS. If you had proof Sessions acted as Trump’s surrogate when Sessions met w/the Russian Ambassador, you and the hypocritical Dems would present it, but you don’t, so you can’t.

      Your philosophy: Dems innocent even when they admit guilt/Reps guilty even lacking any and all proof otherwise.

      Then there’s this 45 minute video proving beyond a shadow of doubt that uncharged felon Holder and two of his lieutenants supervised Goldman Sachs’ bloodless coup of the so-called “Justice Dept.”

      1. He should be held to the same standard as he expected Clinton to go. He should be tried and convicted in the Senate.

        1. Why didn’t Holder prosecute Clapper for lying to Congress in 2013? Apparently, the DOJ is not very independent in a corrupted government after all.

          1. Steve Groen – Holder was in no position to convict anyone of perjury before Congress.

        2. The Left is trying to go after Sessions with the same vigor the Right went after Clinton. Fair enough, but what the Left often forgets is to have evidence. The difference between Clinton and Sessions is despite an overwhelming amount of evidence of her criminal offenses, she was only prosecuted in the court of public opinion despite the MSM’s efforts to make it go away. Sessions on the other hand has no evidence of wrong-doing, only the twisted imaginations of those trying to convict a man with his unblemished integrity.

          1. Olly – it turns out that Sessions was meeting the Russians at the behest of the Obama administration. This is all a set-up.

    3. “They again, why isn’t Trump arrested for facilitating criminal enterprise? He shielded Flynn, then now Session’s and his son in law for meeting with the Russians.

      I guess the President and his criminal associates are above the Law. ”

      Meeting with Russian officials isn’t a crime, idiot.

      http://static2.politico.com/dims4/default/9554ff6/2147483647/resize/1160x%3E/quality/90/?url=http%3A%2F%2Fstatic.politico.com%2F13%2Fd0%2Fd5b2782d438e9c6d637c6317a25a%2Flavrov-medvedev-pelosi-a-1160.jpg

      That’s Nancy Pelosi sitting across the table from Sergey Kislyak. The Russian ambassador she lied about never meeting, in an effort to convince brain dead leftists like you that there’s something criminal about lawmakers meeting with ambassadors, particularly Russian diplomats.

      Of course if she had told the truth then it would be more obvious than it already is that there are entirely legitimate reasons why both lawmakers and transition team members can and should beet with foreign officials. So she lied. But it’s obvious to everyone except for moronic leftists that these contacts are not criminal but legal and desirable.

      But I enjoy your pathetic attempts to get Sessions over entirely nothing.

        1. Of course. It’s so public even you could have walked in on it, leftist. Try it some time.

  13. There are plenty of noncitizens in this country that live within the law, that work hard and only want a better life for themselves and their families. Why do people, judges, mayors, even law enforcement officials still want to keep people who violate the law in our country? How would they feel about protecting this guy and his ilk, then have a loved one severely injured or killed by him driving drunk? This kind of thinking seems to be more ideological and NOT sensible.

  14. Helping such folks seems to portend the future in the US as the Hispanic-Latino population gains percentage points among the US population. As more sympathizers wind up in positions of power, priorities will shift.

    In any case, the ability to speak the predominant language of a region, drives one’s ability to sustain one’s self in that culture. Inability to speak the predominant language not only prevents one from expressing one’s own thinking, but makes one paranoid about what others are saying. Inability to learn the local language is a serious problem and reasonably disqualifying for immigration.

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