Judge Refuses Additional Prison Time for Undocumented Immigrant

A federal judge appointed by Barack Obama has chosen not to impose extra prison time on an undocumented immigrant who has repeatedly violated federal immigration laws. This individual has been deported seven times after being convicted of a serious crime involving a woman with cerebral palsy.

U.S. District Judge Judith Levy, who took her position in 2014 for the Eastern District of Michigan, recently decided that Edith Renan Membreno Diaz, a 30-year-old from Honduras, would not face an additional 19 months in prison, which is commonly the sentence for illegal re-entries for those who have been deported multiple times.

Diaz initially crossed the southern border in 2019 near El Centro, California. Afterward, she was apprehended by federal agents, leading to her deportation seven times before returning to Michigan.

In 2022, Diaz faced charges for the rape and sexual assault of a woman with cerebral palsy and other disabilities at her home. She was then sentenced to a prison term ranging from six to fifteen years in Michigan state prison.

Earlier this year, Diaz pleaded guilty to the repeated illegal re-entry into the United States after her prior deportations.

Prosecutors typically argue that 19 months is the standard penalty for such repeated offenses, but Judge Levy expressed a different opinion during a recent court hearing, ultimately deciding against giving Diaz any additional time beyond what she had already served in federal custody.

According to reports, Levy even commended Diaz for her determination in crossing the border multiple times, highlighting her efforts in raising a family and working in jobs that many Americans avoid, despite the challenging wages associated with them.

Levy remarked, “I see…there are people who are coming forward to take responsibility and gain insight into what led you to commit the crime of sexual assault and the crime of illegal reentry,” during her comments to Diaz.

The U.S. Attorney’s Office in Detroit is presently appealing Levy’s ruling.