WHY should the courts make any effort whatsoever to keep this violent heroin dealer in our country?

You go to another country, you obey that country's laws. It's a pretty simple equation.

There shouldn't be any question here. You sell heroin you go to jail...long term. If you are from a foreign country...you are gone never to come back. Just that simple

First, throw the book at him. Second, with regards to deportation, he moved to the US when he was 8 1/2-years-old. He went back to the Dominican Republican once to see his father when he was 11. His mother is now a US citizen in Miami and his father has since died. I'm a stickler for immigration, but I don't believe deporting him to a country he doesn't know would be just. I don't believe in this manditory deportation, especially with him living here legally and paying taxes.

If he had moved here when he was 20 I would have an entirely different opinion. Since he became a druggie on our watch, that is unless he started dealing/using before he was 8 1/2-years-old, we made the problem, maybe we should have to deal with it.

I wonder how many times some of the commenters aboive have cried "2nd Amendment!" "1st Amendment!" when defending some decision...

"Amendment 8 - Cruel and Unusual Punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Given that he has been a US citizen since he was 8 1/2 years old, speaks little Spanish, deportation would be cruel and unusual punishment.

Judge Pallenberg lawfully cannot take this into account as the legislature has mandated a minimum sentence for the crimes. The three judge panel can make that determination...it has nothing to do with what Judge Pallenberg wants to do, he is following the law.

I am conflicted over this situation. I applaud Mr. Perez for entering the country legally, and maintain legal residency status for the duration of his stay. While I think that deporting him would likely be cruel, I feel that if he wanted to avoid the prospect of deportation he should have sought citizenship when he had the opportunity.

Judge Pallenberg is in a tough spot on this one. My guess is that a sentence according to statute (resulting in deportation proceedings) would lead to an immediate appeal, particularly given the history in the case. By kicking this to the panel he may be trying to avoid that appeal and bring the matter to conclusion.

It also highlights the fact that the judges at both the local and Federal levels are being increasingly handcuffed by mandatory sentencing statutes. This legislation always plays well come election time (being "tough on crime") but often does not serve justice and leads to increasing prison costs and recidivism.

If you notice, I stated my opinion. I made it clear it was my opinion and debated with myself as I stated my opinion. Would you like to know what the Constitution says, well here goes.

Article I, Section 8: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Amendment 10 - Powers of the States and People: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Now, first of all, he is residing in the US legally, not illegally. So, as such, he is good with Article I, Section 8 as far as I can see.

Second is the stickler, the 10th Amendment gives the state the ultimate right to have this law. I have morale question with this, but do understand it. I feel for what took place. On one hand, I believe in HARSH sentencing for heroine dealers. On the other hand, with him moving here when he was 8 1/2, I believe we created this problem. We made him what he is in our society. So morally, I believe we should take responsibility. He certainly wasn't dealing when he was 8-years-old.

So yes, the ultimate decision here lies with the State. Constitutionally, the judge is acting accordingly.

Torn because I believe heroine dealers should be removed from society PERMANENTLY. Torn because I don't believe sending him back to a country he left pre-puberty making them responsible for a problem we created seems like we're skipping out on our end.

El_Boorba, it is ok to have compassion. It may not change the Constitution, but there is nothing wrong with having feelings and opinions. If you feel you would like to have a discussion regarding the Constitution, there is nothing unconstitutional taking place here. They are working "within" the system. Whether they deport him or not, the judge is not acting "illegally" either way.

Yes, kpawsuh, because we all grow up in a vacuum and are in no way products of our culture. It's just pure coincidence that members of a culture all act and think in similar ways!

I can already feel the bile rising up my throat, but I'm with wren.

We made him to be a dealer?! Exactly who is "we"? Are you serious? That right there, is the problem with society and this country now a days! Too many people willing to cast blame on another and not willing to take personal responsibilities for their decisions and actions! WE did not make him do squat! HE chose to be a drug dealer and to disobey the laws of this state and country! WE did not make that decision for him! By saying that WE are responsible allows him to think of himself as a victim of society, which he is not!
As for his immigration status, he is not a citizen of the US. He may have lived here forever and a day but he is a citizen of another country. Send him back and revoke his green card! If he wanted to stay in our country and enjoy our way of living, he should have obeyed our laws!

PP, you say that all people of a certain culture think and act in similar ways. So, by that logic you are saying that all people from the Dominican Republic are heroine dealers? Interesting... However, I don't agree with you, as usual.

@really: that's not logic at all. Unfortunately, even though you may disagree, you're still wrong. We all hold a number of beliefs, values, and ideals that are instilled in us by our society. This should be pretty obvious, but maybe in your case it's not, so try to imagine what your life would be like had you been born in Kabul. Is it fair to say you'd be a Muslim? And that you'd probably dislike Western values such as sexual equality, democracy, and capitalism? Yes. You would be a different person entirely.

We are all cultural constructs, and a society is to blame for the failure of a member just as much as the individual is. No one just "decides" to become a drug dealer or any other kind of criminal, they resort to criminal acts out of desperation (or, sometimes, mental illness, but probably not drug dealing). People aren't cheesy 1980's movie villains. You might try to remember this in the future.

I say kick him out. If he didn't want to get deported back to the Dominican Republic, he should have taken stock in his situation before he got mixed up in dealing heroin and assaulting people. If he is deported, he can put a positive spin on things and think of it as an opportunity to reconnect with his roots.

If by same person you mean a law abiding citizen who does not blame others for my issues, then yeah. I would be the same person!

PP, no point arguing with really.
From his comments he obviously has no ability to see any situation from any perspective then his own. I remember when I was 17 and had the same mind set. :)
Perception is reality.

He has criminal cases here in Juneau dating back to 2002. I would say he has had plenty of time to choose another course.

Who is to say sending him back to DR is a bad thing. Magic 8 ball?

Jo,

Did you bother to read the article? The guy is NOT a citizen of this country. He has lived here for many years, but he was NEVER naturalized. As a consequence, he should be deported after serving his sentence.