The court forbade parents to sue San Francisco because of an illegal who killed their daughter
A federal appeals court in California has ruled that the parents of Kate Stinely, a woman who was killed by an undocumented immigrant in July 2015, cannot sue the city of San Francisco over its sanctuary policy for undocumented immigrants in which city law enforcement failed to notify immigration officials. service for the release of an illegal immigrant from a local prison, which he left a week before the murder occurred.
A group of three judges from the 9 Circuit Court of Appeal decided by unanimous decision that the former Toghla sheriff of San Francisco Ross Mirkarimi did not violate any federal, local and state laws when he released Juan Francisco López-Sanchez, also known as Jose Ines Garcia Sarate.
The ruling of the appellate court supports the previous decision of the lower court to reject the “negligence” action filed by the parents of the city. In their lawsuit, it was alleged that Mirkarimi drafted a memorandum stating that city employees should limit the information exchanged with federal officials, including information about the release of illegal immigrants from San Francisco prisons.
The judges said that city policy does not violate federal law.
“Steinley's tragic death may well strengthen the political argument against Sheriff Mirkarimi's decision to prohibit his officers from reporting the release date of a multiple-convicted illegal alien to ICE,” Judge Mark Bennett wrote. “But this political argument can only be used by California state policymakers or perhaps Congress, not by federal judges applying California law.”
In 2015, José Inés García Zarate was charged with the murder of Kate Stainley. At the time of the assassination, Garcia Zarate had already been 5 deported from the country and should have been sent to Mexico for the sixth time.
He also ended up in federal prison for illegally entering the United States.
Jury recognized Garcia Zarate is an innocent first-degree murder and an unintentional murder, but guilty of possessing weapons.
Garcia Zarate shot Steinley when she and her father were walking along the pier past the bench on which he was sitting.
The prosecutor's office insisted that the accused was indulging with a pistol, twisting it on his finger, and deliberately shot to get into someone from the passers-by.
The defense insisted that the shot was accidental: Garcia Zarate found a pistol wrapped in cloth under the bench, and when he picked it up, a shot rang out.
The lawyers led the testimony of a ballistic expert, who concluded that the bullet had ricocheted off the ground and hit the victim in the back.
The gun was stolen from the car of an employee of the Bureau of Land Management. Garcia Zarate was found not to be involved in the theft.
During the election campaign and after his election, Trump repeatedly mentioned this case as an example of another murder committed by an illegal immigrant.
He used this is a crime as an argument in favor of building a wall on the border with Mexico and signing a decree depriving refugee cities of federal funding.
Authorities in refuge cities refuse to enforce federal immigration laws that may lead to deportation. These cities include San Francisco's well-known liberal mores.
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How to change the status if you come to the US and want to stay for a long time
How to extend your stay in the United States on a non-immigrant visa
Your Rights: 10 Important Tips from the US Immigrant Protection Service
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