Legal Freeze

Local residents are advocating for Juan Carlos “JC” Portillo Contreras’ release. A GoFundMe fundraiser has raised nearly $20,000 as of June 24.

As Immigration and Customs Enforcement targeted detentions continue in Monterey County and across the country, residents – including U.S. citizens – are changing their everyday routine for fear of being detained by ICE agents.

“Since this is racially motivated, I’m carrying my passport with me.” Natalie Portillo says in Spanish. Natalie is Juan Carlos “JC” Portillo Contreras’s wife. The manager of Wild Fish restaurant in Pacific Grove was detained by ICE during a regular check-in.

JC is a Salvadorian citizen seeking asylum in the U.S. He was doing ICE check-ins by phone every few months. His next call had been scheduled for June 11.

Natalie says her husband received a notification changing his appointment to an earlier date, June 4. The contact also indicated that next check-in would be in person.

Court documents show JC requested in March to expunge some of his earlier DUI convictions to temporarily halt his deportation and stay in the U.S. while his immigration case is resolved.

The petition, Form I-246, or Application for Stay of Deportation or Removal, is difficult to obtain and expunging eligible convictions may help his case, documents state.

The change surprised JC and his lawyer Sylvia Rodezno, yet they complied. “He showed up and he was detained,” Natalie says. “They put you between a rock and a hard place.” She adds that her husband was following the law.

Not showing up automatically triggers immigrants to removal proceedings, Salinas immigration attorney Chris Cain says. At these, a judge will decide the person’s fate.

Blanca Zarazua, a Salinas-based immigration attorney, said during a County of Monterey news briefing on June 11 that detentions during courthouse appearances and routine ICE check-ins have increased.

According to tracreports.org, a database founded by Syracuse University, there are 56,397 people in ICE’s custody as of June 15. Nearly 72 percent, or 40,433, do not have a criminal record.

Natalie hopes for a miracle; meanwhile, she’s struggling to keep up with their bills and groceries.

"This Administration’s deportation policy is beyond targeting violent criminals and now is sweeping up immigrants who contribute to our economy and communities," says U.S. Rep. Jimmy Panetta, D-Carmel Valley. "Not just on the Central Coast of California, but also throughout the nation, there are many immigrants who have taken risks to come here, contribute here, do jobs here that few, if any, Americans will do in agriculture, construction, hospitality, nursing care and more, and help make our community."  

JC has multiple DUI charges. His last arrest was in 2018. Cain says a DUI isn’t a deportable offense, but it can trigger additional scrutiny if there are multiple incidents.

“An argument can be made that they have a problem with alcohol [that] it’s a substance abuse issue,” Cain explains.

Panetta is aware of JC's case. "I am in contact with his legal team to ensure that Mr. Contreras is afforded the proper representation and appropriate due process," Panetta says.  

Misdemeanors, charges of domestic violence or theft have higher consequences in an immigration case compared to reckless driving.

“He is a very responsible and hardworking man,” Natalie says of JC. “He’s an excellent dad.”

Since his detention, Natalie has experienced a whirlwind of emotions: frustration, helplessness and anguish. JC was first taken to Adelanto, California. A few days later, he was moved to El Paso, Texas.

For a time Natalie did not know his location. “He wasn’t on the system,” she says. “He disappeared.” According to Natalie, conditions in Texas are worse than in California. Detainees are living in tents under hot weather conditions with no access to showers, phones or medicine.

(1) comment

Robert McGregor

There seems to be something missing in this article as we often find out later on. In this case 2 + 2 does not add up to 4.

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