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Friday, December 03, 2010

Judicial Watch Sues DHS For Report On DUI Illegal Who Killed A Nun

Judicial Watch filed a lawsuit Thursday against the Department of Homeland Security for refusing to release a report of an internal investigation into why an illegal immigrant from Bolivia charged with killing an elderly nun in Prince William County this summer wasn’t deported despite a prior DUI conviction. The deadline for responding to the public interest group’s Freedom of Information Act request was Nov. 26th.

Carlos Martinelly-Montano was allegedly driving drunk again on August 1st when his vehicle slammed into a car full of nuns heading for a retreat. Sr. Denise Moser was killed, and two other nuns were critically injured.

Martinelly-Montano, who entered the U.S. illegally as a child - and would therefore be a beneficiary of the DREAM Act if it passes Congress during the lame duck session - had been scheduled for deportation, but his hearing was inexplicably delayed three times. 

In 2008, Immigration and Customs Enforcement released him on his own recognizance pending a deportation hearing that never took place.

The only correspondence Judicial Watch received from DHS was an Oct. 21 acknowledgement of its FOIA request, which included a 10-day extension. To date, the department has not provided any of the requested records, or explained why they should be withheld, as required by federal law.                               

More at the Washington Examiner

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