Government Receives Extension In Orozco Case
The government has requested an extension to file a response regarding the motion to dismiss in the Roberto Orozco-Ramirez case. The defense does not object to the extended deadline.
The extension request reads, “Additional time is needed to fully brief the issues presented in the motion to dismiss and provide for additional consultations regarding those issues.” Previously, the deadline to file a response was Friday, April 10. The deadline was extended to Tuesday, April 14.
The hearing is scheduled for Wednesday, April 22, in Great Falls.
The motion to dismiss states that Orozco- Ramirez’s “prior removal is invalid and constitutionally infirm.”
Orozco-Ramirez has been detained on a charge of illegal reentry since he surrendered to authorities on Jan. 25. Federal defender Rachel Julagay, senior litigator H. Henry Branom Jr., and the Federal Defenders of Montana move that precedent from the Supreme Court of the United States and the Ninth Circuit Court of Appeals requires the dismissal of the government’s reentry charge.
“In this instance, the government seeks to reinstate a defective and invalid stipulated removal order in 2009 pursuant to an unlawful process that violated Roberto’s statutory, regulatory and due process in immigration court.” The attorneys argue that the defendant qualified for relief from removal in 2009 because of 1. Asylum, withholding of removal, and protection under the Convention Against Torture; and 2. Voluntary departure, the defective stipulated removal order not only violated his rights but also caused him prejudice.
The “Statement of facts,” provided by the defense stresses that Orozco- Ramirez was sent by his family to the United States as a minor in protect him from the violence his family was experiencing in the late 1990s and early 2000s. The acts of violence included his father being kidnapped, his step-brother repeatedly kidnapped and beaten, and one step-brother completely disappeared likely as a result of a kidnapping. Since coming to the U.S. in approximately 2000, Orozco-Ramirez has married and is the father to four sons who are U.S. citizens. He has built a successful diesel repair business in Froid.
The statement reads, “He has community wide support for his release. The Roosevelt County sheriff does not believe him to be a danger.”
