A Mexican national who has been deported nine times, has a lengthy criminal record and skipped his trial on a domestic assault and battery charge last month was freed on bail by a federal magistrate yesterday over the objections of prosecutors.
Bulmaro Enriquez was arrested May 30 on federal charges of re-entering the United States after being deported, according to court records.
In a court filing, prosecutors noted Enriquez has already been deported nine times, and that he had been convicted of operating under the influence three times since 2004 and possession of a controlled substance twice, most recently in 2015. Authorities found Enriquez with 1 1/2 pounds of marijuana, along with scales and other drug-dealing equipment, prosecutors said.
“Enriquez is in the United States illegally having been deported on nine separate occasions between 2004 and 2016,” prosecutors wrote in a brief opposing bail. “Enriquez has demonstrated a lack of respect for the laws of the United States by illegally re-entering the country after being deported on numerous occasions.”
Last month, Enriquez failed to appear for a jury trial on charges of domestic assault and battery, according to court records. Enriquez allegedly began arguing with his wife after she refused sex, according to a Framingham police report which stated that Enriquez tried to drag his wife back inside their house after she tried to leave.
“He is the definition of someone who should be held in custody pending deportation,” said Jessica Vaughan, director of policy studies at the Center for Immigration Studies. “I cannot for the life of me think why a magistrate would let him out on bail.”
In a motion for Enriquez’s release, his attorney argued his immigration status does not automatically mean he should be denied bail.
“The government has not argued that he presents a danger to the community,” attorney Jennifer Pucci wrote. “He is not someone who enters the country to live under other names and commit crimes; rather, he is someone who returns to the United States repeatedly, at great personal risk, to live in his family home, with his U.S. citizen children, and to support his family financially.”
Pucci said Enriquez has been working as a landscaper, and was arrested by ICE while he was driving his children to day care.
Pucci also said Enriquez has applied for a visa designated for foreign nationals who cooperate with authorities, and would be eligible to apply for deferred action on deportation.
Pucci could not be reached for comment.
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