From the Saborit file: His immigration status

I have been digging on the confused question of Alexis Saborit’s immigration status over the past several days. He is an illegal alien originally from Cuba who cannot be deported from the United States. Just to give the issue a timely twist, he entered the United States from Mexico.

Saborit knows the United States is unable to deport him. When he asked at the hearing this past Friday to be deported to his country rather than stand trial in Scott County, it was the sick joke of a twisted mind. Unfortunately, the joke is on us.

ICE spokeman Shawn Neudauer has provided the following formal statement:

Alexi Saborit-Viltres, 42, is a citizen of Cuba who is unlawfully present in the United States. U.S. Immigration and Customs Enforcement (ICE) has not placed a detainer on Saborit-Vilres following his recent arrest for second degree murder in Shakopee, Minnesota.

Saborit-Viltres’s criminal history includes multiple convictions in Minnesota and Louisiana for domestic assault/abuse/battery, DUI and fleeing a police officer. He has pending charges for first degree arson-dwelling, first degree criminal damage to property, and obstruct legal process-interfere with peace officer stemming from a 2020 arrest in Scott County, Minnesota; he also has pending charges for murder, second degree (2021) based on his recent local arrest, also in Scott County.

To understand Saborit’s immigration status readers should know that the 2001 Supreme Court decision in Zadvydas v. Davis limits the length of time under the Immigration and Nationality Act that ICE can detain noncitizens who are subject to a deportation order. The ruling generally precludes the agency from holding noncitizens with final orders of removal for more than six months if their actual removal cannot occur in the reasonably foreseeable future. This is often due to a foreign government’s refusal to accept the repatriation of its nationals.

ICE previously attempted to remove Saborit to Cuba, based on a final order of removal issued by an immigration judge in 2012. ICE was unable to obtain the necessary travel documents from Cuba. As a result, and following a review of his custody, he was released on an order of supervision in 2012.

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