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.
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 in an alarming case of illegal immigration.
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.
Defense attorney Lisa Hamer declined to comment on the charge, but said, “Criminal law and immigration definitely intersect and nowadays it should bethe responsibility of every criminal defense attorney to know the possibleramifications in the immigration courts.”
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.
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.
In 2013, Martinez-Maldonado was charged with entering without legalpermission, a misdemeanor, and subsequently deported in early 2014 afterserving his sentence.
Cosme Lopez, spokesman for the U.S. attorney’s office in 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. Source: Daily Mail: Mexican man charged with rape had 19 deportations, removals