Can it get any worse?
For nearly ten years, Roberto earned a living as a fruit picker in the strawberry fields around Tulelake, California. Not a cushy job by any means, it did provide the wherewithal for a man who had never learned to read or write to keep body and soul together. Roberto’s story doesn’t end there. Aside from being illiterate, Roberto is deaf and mute. And, to add to a life that already had the potential for disappointment or failure, his status was “illegal alien.”
Raiding strawberry fields
More than few times, Roberto would be doing his job, only to look up and find himself alone in a strawberry field surrounded by immigration authorities. His illegal co-workers had already fled, alerted by the government vehicle sirens that Roberto could not hear. Confronted with a deaf mute person who didn’t even know American Sign Language (Amsilon or ASL), and their obligation to the law as well, agents would usually just leave him alone out of frustration.
Bad honeymoon
After many years in the fields, Roberto met and fell in love with an American citizen. They were married. Of course, as an adjunct benefit of the love affair, Roberto sought to legalize his status, so he approached an immigration office. That’s when they got him. Because they could not communicate efficiently with him, they could not detain him. They did serve him with papers regarding his deportation.
Passing lightly
Just married, and on the brink of deportation from a country that he had been pleased to call his home for the last decade, Roberto sought legal help. When he walked into our office, he was wearing what to him was his Sunday best. He looked as if he were an extra off the lot of an old western movie -- the boots, the shirt, the hat, the whole kit.
Roberto has broad shoulders and stands straight. His appearance perhaps does not belie the pleasant personality he possesses. In spite of his past travail and present circumstances, he seems content that he has life. Perhaps because of his physical limitations, he has the strength to ward off the despair that usually accompanies hardship or difficulty. He passes through life lightly.
A wink and a nod
At the outset, we knew full well the difficulties Roberto’s case would present. A fundamental right, defined by the Constitution, requires that a defendant fully understand the allegations and the general proceedings put forth in a US court. But, an ASL interpreter didn’t quite fill the bill. Roberto never had any formal education. His informal signing consisted of some gestures and hand signs, a wink here and a nod there, and always his smile.
Days in court
Our legal team wondered if the legal system could even handle such a case. They averred that no trial could proceed without competent interpretation for Roberto. Of course, the judge was rather inured to the whole situation and seemed more interested in clearing his docket. If the judge had just declared Roberto incompetent to stand trial, he probably would have been allowed to avoid deportation. But, the judge wanted to move on the case.
Strong advocacy
Our legal team was determined not to the let the government, or its judges, railroad his case. Each time the government moved to go forward, we objected. We were steadfast that Roberto must comprehend everything about his accusation and his trial. Just because of his handicaps, he should not be deprived of a fair trial. Each time the judge scheduled one of several trials to deport Roberto to Mexico, we objected and resolved to take the case to higher courts, with the Supreme Court being a possible destination.
Not a perfect solution
We kept objecting to the government’s lack of efforts or results in providing competent interpretation for him. We conducted our own research. We were having our own difficulties understanding Roberto. An expert interpreter who was also deaf and mute, known as a Certified Deaf Interpreter (CDI), was finally pulled in. He came all the way from the East Coast to interpret for Roberto.
The CDI would then interpret to an ASL interpreter who would then pass meaning on to the court and Roberto’s advocates. Finally, Roberto’s lawyers and the courts were satisfied that he fully comprehended what was happening to him. Though this was a rather clumsy solution, it worked and Roberto averred that he understood his situation.
Examining a life
We proceeded to show the life that Roberto had managed to build during ten years of difficulty. His wife is plagued with health problems and depends on Roberto for many of her day-to-day requirements. They have a place in a small community, but neither has relatives close enough for any support. And we pushed home the point that, because of his handicaps, he would have great difficulty achieving anywhere near what he has here, should he be shipped back to Mexico.
One day after three years
After the interpretation accommodations were made and the other matters settled, Roberto has been allowed to remain in the US with his wife. The judge had little choice but to approve Roberto’s application. One day after almost three years in US court, a deaf, mute, illiterate man finally bumped into blind justice. Those handicaps don’t impinge on the ability to cry. His counselors saw tears of joy in Roberto’s eyes that day.
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Lazaro Law Group, Professional Corporation represents immigrants all over the United States and US Embassy in Manila. The firm’s offices are located in San Francisco, Makati City (Philippines), and Fremont, Union City California. Attorney Johnson Lazaro can be reached at (415) 278-9577 or toll free at (877) 552-9276. His email is This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
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This article should not be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. This is not meant to create a lawyer-client relationship.
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