By Astrid Galvan
The Albuquerque Journal
ALBUQUERQUE, N.M. — Jose Gonzalez has for years been a model Albuquerque firefighter, but that may come to an end soon if he is deported for a crime he was involved in some 15 years ago.
Gonzalez, 32, is an investigator at the Albuquerque Fire Marshal’s Office, a promotion he got after years as a firefighter. He is being held by Immigration and Customs Enforcement in El Paso, waiting to see a judge who will decide whether he is deported to Mexico or gets to stay in the United States. Gonzalez was detained a few weeks ago, said his attorney, Daniel Caudillo.
AFD hired Gonzalez, a Mexican national but legal U.S. resident, about a decade ago, a spokesman said. Gonzalez, who was been in this country since he was about 11, was a firefighter with a “spotless record” for nine years before he transferred to the Fire Marshal’s Office, he said.
Gonzalez was one of almost 3,000 people detained during a large-scale ICE operation targeting convicted criminals who are immigrants. The operation, performed all over the country, was part of an initiative by President Barack Obama, according to a news release.
Caudillo, an El Paso-based attorney, contends that under New Mexico law Gonzalez is not a convict, and that the case against him was in fact dismissed.
Gonzalez was involved in a driveby shooting in 1996, when he was a juvenile, Caudillo said. By the time he pleaded no contest to a charge of shooting at or from a dwelling, Gonzalez was 18. Caudillo argues in New Mexico, that “no contest” plea does not equate to a conviction.
But ICE sees it otherwise.
“ICE follows different regulations and laws and definitions for convictions. They’re alleging that it is a conviction, and obviously that’s something that will be resolved in court,” Caudillo said.
Caudillo hopes Gonzalez’s otherwise clean record will help persuade a judge to let him stay in the country.
”... I think that Jose has presented or has incredible evidence of rehabilitation. He may have committed an offense as a minor, and since that he’s done nothing but serve his community and correct his actions, and positive things in his life. I would find it an injustice for that not to be given some immense amount of credit,” Caudillo said. He said a hearing should be scheduled within the next few weeks.
But even if Gonzalez is allowed to stay, there’s a chance he could lose his job with the city, a spokesman said. Gonzalez is on unpaid leave, which he requested.
His application for the academy, which the Journal obtained, does disclose the 1996 arrest. The problem, AFD says, is whether his “no contest” plea constitutes a conviction. That would preclude him from being a Fire Department investigator.
Copyright 2011 Albuquerque Journal