Obama Judge Rules Illegal Who Used Fake Federal Document Committed No Crime


Valois Nuñez Artiles, shown in a 2003 Miami-Dade police mugshot, is accused of posing as an immigration agent to sell phony papers that helped undocumented immigrants get Florida driver’s licenses. – MIAMI-DADE POLICE

A judge appointed by Barack Obama recently ruled that an illegal immigrant who used a fake federal document in order to obtain a drivers license didn’t break the law.

Try an wrap your head around this one.

Chinchilla was one of more than 20 undocumented immigrants arrested a few months ago for using a specific federal form — known as an “Order of Supervision” — to prove to the Florida Department of Highway Safety and Motor Vehicles that he was allowed to be in the United States.

But a Miami federal judge has now thrown out criminal charges against Chinchilla, saying there’s no actual law that says the form can even be used to prove an “authorized stay in the United States.” It’s a highly technical legal argument, but it’s opening the door for the others arrested in the sting to beat their cases, and maybe even stay in the United States.

The decision was made earlier this month by U.S. District Judge Beth Bloom. The U.S. Attorney’s Office in Miami, in court filings this week, said it will appeal the decision.

At least one other defendant is now trying to use Bloom’s decision to get his own case dismissed. Wilmer Jeovanny Gutierrez Nunez, who ran a plastery company and was a youth soccer coach, is asking another federal judge to dismiss his indictment on the same grounds.

His lawyer, Bob Pardo, filed the request last week to U.S. Judge Robert Scola.

“We were pleased to see Judge Bloom’s decision, however it would be inappropriate to comment on pending litigation,” Pardo said on Tuesday.

The criminal probe into the fake orders was conducted by agents from Homeland Security Investigations, or HSI, and the Identity, Document and Benefit Fraud Task Force. The task force, run by Immigration and Customs Enforcement, is a nationwide effort to crack down on document fraud that “may enable terrorists, other criminals and illegal aliens to gain entry to and remain in the United States,” according to the agency.

This isn’t the first time this activist judge issued a controversial ruling. Turn the page for details.

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