Posted by: steagles80 | June 28, 2008

IMMIGRATION CENTRAL: TODAY’S COMMENTARY

By Matthew Casey
San Diego Union Tribune staff-writer, Sandra Dibble reports this morning that Mexico says the United States has not formally requested extradition of Jesús Navarro Montes, a Mexican National accused of murdering U.S. Border Patrol Agent, Luis Aguilar, in January.
My colleague, Martin Arvizu, commented earlier this week on Navarro’s shocking release from a Mexican prison.
Dibble reports, “Mexican federal prosecutors are appealing Serrano’s (the presiding Mexican judge) ruling, saying it was based on a technicality. But their hands have been tied on the more serious homicide charge because the U.S. government has yet to formally demand Navarro’s detention, said Ricardo Alday, spokesman for the Mexican Embassy in Washington, D.C.”
Remember folks, we are talking about the cold-blooded murder of a federal agent, an event which normally causes to the United States to levy amazing amounts of pressure and resources to ensure justice is ultimately served. Collaboration between the United States and Mexico on the prosecution of Navarro should be a very simple matter. After co-existing for two-hundred-years as neighbors, avenues for communication ought to be in place to ensure Navarro is held accountable for his actions.
Dibble continues by responsibly seeking answers as to why U.S. law enforcement officials have not made a formal extradition request, “The status of U.S. requests for Navarro’s extradition or arrest remained unclear yesterday. The FBI office in San Diego, which is investigating the case, and the U.S. Department of Homeland Security referred questions to the U.S. Attorney’s Office in San Diego.”
“Debra Hartman, spokeswoman for the U.S. Attorney’s Office, wrote in response to an e-mail yesterday that ‘we have no comment at this time’ as to why neither an arrest warrant nor an extradition request nor evidence in the case has been presented to Mexican authorities.”

On June 7, the Houston Chronicle reported that Secretary of the U.S. Department of Homeland Security, Michael Chertoff, said the reason his complicated plan to construct a fence along 700 miles of the border with Mexico must be implemented this year is because “I’ve gone to too many memorial services where agents were killed in rollover accidents pursuing smugglers because there wasn’t an all-weather road,” Chertoff said. “I have to tell you in all honesty as between the sensitivity of an owl and having to look a family in the eye and say, ‘I’m sorry you lost a loved one because we can’t build a road.’ I’m going with protecting the family and protecting the Border Patrol agent.”
When I played high school football, the offensive coordinator always stressed the acronym K.I.S., “Keep it Simple.” How could Chertoff, Agent Aguilar’s boss, allow a fellow federal agency to “fumble” something as simple as filing an extradition request for Navvaro? Is filing an extradition request not a much simpler task than “waiving” environmental laws, paying attorneys to fight litigation brought against the federal government, awarding government contracts and ultimately completing the fence on such short notice?
Dibble reports, “After Navarro’s release became public Wednesday, U.S. Homeland Security Secretary Michael Chertoff said in a written statement that ‘we are shocked and appalled.’”
Indeed, but with Navvaro currently being a free man, Chertoff and the federal government may have missed their chance to ensure justice for Agent Aguilar’s family. For all we know, Navvaro is already back working for the criminal organization whose orders lead to the death of Agent Aguilar. And for all we know, Navarro may force Chertoff to attend another funeral where he will have to look another family in the eye and say. “I am sorry you lost a loved one because the U.S. government failed to file the paperwork needed to bring this man to justice.”


Responses

  1. Whiel the death of anyone is abhorrent, I am not moved as you are by the death of a border patrol officer as I am about the countless detainees, including Mexicans, who have died at the hands of ICE detention

  2. …the San Diego Union Tribune is still going – I remember it when it was a real newspaper…
    I don’t know the details of the case but I would definitely want to read about the case from a reliable source before commenting on it; apart from to say that legal precedents obviously need to be followed and that if the US side cannot get their act together to ask for extradition correctly, there is absolutely no requirement on the Mexican side to make up for their deficiencies.
    Matthew – I also would like to point out that whilst talking about the ‘cold-blooded murder’ nobody has been found guilty of the crime, so your inference that the Mr Montes is guilty is misdirected and unfortunate. Habeas corpus.
    The more that is written on this case, the more his counsel will be able to argue that Mr Montes has already been judged in the media and therefore cannot face a ‘fair’ trial in the US.


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