DUI For Student Could Mean Deportation

Our Chicago DUI Attorneys are following the story of Rigoberto Padilla. Padilla was arrested for drunk driving and during his processing he was discovered to be an undocumented alien. As such, deportation proceedings began to send Padilla back to Mexico. Padilla story has garnered much interest and Padilla himself has now become the poster boy for those that argue that the deportation laws of illegal immigrants are too harsh.

Padilla’s story follows:

The Rigo Padilla story: When is a DUI not just a DUI?

The future was looking bright for Rigoberto Padilla until three months ago. He was beginning the last semester of his associate program in Latin American & Latino Studies at Harold Washington College, he had just been elected president of the college’s Organization of Latin American Students, and he had also begun a six-month a journalism and media training program at Radio Arte.

On the night of Jan. 18, Padilla, who’s 21 and goes by the nickname Rigo, had some drinks at a friend’s house and got pulled over in Chicago Lawn while driving back home. He was arrested for driving under the influence; it was his first offense but the arresting officer told him he was in big trouble because he was also driving without a license.

Padilla was never eligible for an driver’s license. His parents emigrated from the Mexican state of Jalisco 15 years ago; they had no authorization to enter the country and no avenue for legalization. Padilla was only six when he left Mexico, but although he has lived as an American for more than two-thirds of his life, under current U.S. laws he has no more right to be here than someone who was just caught trying to cross the border.

He was held at the 8th District Police Station for three days before being moved to Cook County Jail and speaking to a public defendant. According to Padilla, the lawyer asked him for some basic information, including his place of birth, and walked out on their interview as soon as he learned that he was born in Mexico. About 10 minutes later an Immigration and Customs Enforcement (ICE) agent walked in and began asking questions such as how and when he came into the country and where the rest of his family lives.

Padilla was then taken before a judge. If he was a U.S. citizen or legal resident, he would have faced one year in prison and a fine of up to $2,500 for the DUI, but his own public defendant made it known that his circumstances were different. “The lawyer told the judge, ‘he is a native of Mexico,’” Padilla said. His bail was set at $25,000. “The guy in front of me had two unresolved DUIs and his bail was $20,000.”

Padilla’s sister posted $2,500 bond, and he was then informed him that an ICE hold had been placed on his file, meaning that we wouldn’t be released until ICE had 48 years to pick him up. So he spent another night in a lockup, and the next day ICE agents came for him and other undocumented detainees. On the way to the ICE detention center downtown, “the driver kept saying,’you guys don’t have chance, your best bet is to request voluntary departure,’” he said.

At the ICE facility Padilla was given the choice of posting another bond or wearing a tracking bracelet on his ankle; he picked the latter, and by that point the DUI was hardly an issue. He had a court date on the DUI charge scheduled for early May — and a deportation hearing set for mid-March. He contacted several immigration lawyers and learned that he need to fulfill three requirements to mount a legal defense against deportation: Being in the country for more than 10 years, having good moral character, and having a relative who is a U.S. citizen or legal permanent resident who would suffer hardship if he were deported.

Having no qualifying relatives with legal status essentially closed the legal avenue for Padilla, but he was granted a continuance at his first deportation hearing and was due back at immigration court on April 8.

The Law Offices of James E. Fabbrini have years of experience protecting people charged with drunk driving. From first time offenders to felonies, our Chicago DUI lawyers have successfully fought DUI charges in Chicago and the surrounding areas.

Protect your freedom, avoid trouble, and save yourself money. Contact our office today. All consultations are absolutely free. Call us at (312) 494-3131 or e-mail us your questions at [email protected]