The Georgia school scholar in federal custody who could possibly be deported after she was pulled over by native cops ought to have by no means been stopped, officers admitted Monday.
Mexican nationwide Ximena Arias-Cristobal was wrongly accused by Dalton police of creating an unlawful flip at a purple gentle after an officer confused her with one other driver on Could 5, metropolis leaders stated in a press launch.
Throughout the cease, authorities stated the 19-year-old, who’s within the nation illegally, didn’t have a correct driver’s license and was taken into custody on the scene and later detained by immigration enforcement authorities.
Whereas all costs have been dropped by Dalton police, Arias-Cristobel’s lawyer informed The Submit it’s “too little, too late” for his shopper, who stays in custody Monday.
“It’s super maddening,” stated legal professional Dustin Baxter of Kuck Baxter Immigration.
“We’ll give them the benefit of the doubt and say there was no ill intent on the part of this police officer, it’s just heartbreaking that a mistake by a police officer cost this person her freedom ultimately and may cost her her residency in the United States.”
Arias-Cristobel’s authorized turmoil started when police believed she failed to stick to a “no turn on red” signal and was then discovered to not have a correct driver’s license, in response to an arrest report.
She informed an officer she had a world driver’s license, the report states.
“My understanding is she didn’t drive very often just because of the general fear in that part of the state of driving because there are a lot of roadblocks and traffic stops,” Baxter stated, including the cease was “her worst nightmare.”
A assessment of the dashcam footage confirmed the Dalton police officer witnessed a black pickup truck make an unlawful activate purple, however he was unable to tug the automobile over straight away, officers stated.
Because the officer regarded for the offending truck, he as an alternative pulled over Arias-Cristobel’s darkish grey Dodge truck, town stated.
The dashcam video obtained by Fox 5 Atlanta exhibits the cop automobile trailing her truck and ultimately pulling her over in a car parking zone. She informed the cop the Dodge belonged to her mom’s buddy whom she was serving to, the footage exhibits.
When the officer decided she didn’t have a license, he slapped handcuffs on her.
“So in the state of Georgia, when you drive without a license, you know what happens? You ever been to jail? Well, you’re going,” the cop stated, in response to footage additionally obtained by WTVC.
The Dalton State Neighborhood Faculty scholar has been at federal Stewart Detention Heart in Lumpkin, Ga. since final week after she was initially booked at Whitfield County Jail — which has a partnership with Immigration and Customs Enforcement.
Her father, Jose Francisco Arias-Tovar, has additionally been in that very same federal facility forward of potential deportation since final month after he was pulled over for allegedly rushing.
The household got here to the USA illegally in 2010 from Mexico when Arias-Cristobel was simply 4 years previous, officers have stated.
A listening to is about for Could 20 wherein Baxter will try and persuade an immigration courtroom Arias-Cristobel isn’t a hazard to the group or flight danger, and ought to be launched earlier than her deportation listening to at a later date.
