Two Ends of the INS Enforcement Spectrum : Sailor Asks for Sympathy in Fraud Case

As far as Immigration and Naturalization Service prosecutor Michael Wheat is concerned, Navy Corpsman Luisito B. DeGuzman was never legally entitled to immigrate to the United States in the first place. Nor is Wheat easily impressed by DeGuzman’s four years of honorable service or the meritorious citation he received in 1986 for service near the Persian Gulf.

DeGuzman “has pleaded guilty to perpetrating a fraud. That will make him deportable and removable from the Navy . . . . There is nothing unusual about this case. It’s a common fraud case,” said Wheat, who claims to have prosecuted about a dozen similar cases in the last four years.

But DeGuzman, 33, and his attorney, Kate Coyne from Federal Defenders, although not disputing DeGuzman’s guilt, say he deserves special consideration and, perhaps, a little sympathy from the INS. DeGuzman’s Navy superiors and Rep. Duncan Hunter (R-Coronado) also feel the justice system should be lenient.

The Navy officials have written letters of support for DeGuzman, praising his dedication and professionalism, and Hunter has drafted a private bill to halt his deportation.

“I am asking for human understanding and compassion from the United States . . . . I did not harm anybody or jeopardize the national security of this country. I have served the Navy faithfully and honorably,” DeGuzman said.

Nevertheless, Wheat argues that DeGuzman lied to U. S. authorities when he emigrated from the Philippines. His paper work says he was single, when in fact he was married and had an infant son.

“This is a common fraud case that comes from this area of the world . . . . It’s not uncommon in the Filipino community to have this fraud,” said Wheat.

DeGuzman’s story begins in 1983, when his mother, a permanent resident alien living in New York at the time, petitioned for his immigration. When DeGuzman filed his paper work, he listed his status as single--which makes it easier to immigrate--and never married. But, before his interview with consular officials in Manila in September, 1983, DeGuzman married his pregnant girlfriend.

After obtaining a permanent-residency visa, DeGuzman enlisted in the Navy in May, 1984, and eventually brought his wife and son to the United States. His secret might have remained intact had it not been for a recommendation by his commanding officer on the destroyer Hewitt that DeGuzman apply for Officers Candidate School. But, to apply for OCS, DeGuzman had to be a citizen, and he could not apply for citizenship until he had served at least three years in the Navy.

When DeGuzman filed his citizenship papers in July, INS officials quickly noticed the discrepancy between his wedding date and the information in his original visa application. Charges were quickly filed against DeGuzman in U.S. District Court in San Diego, and he pleaded guilty to a misdemeanor criminal fraud charge.

Coyne, his attorney, asked U.S. Magistrate Irma Gonzalez for a deferred prosecution, enabling DeGuzman to remain on probation for a year without admitting guilt. Coyne said she will ask for a judicial recommendation against deportation at the sentencing Dec. 1.

“He told the truth, albeit late, in his citizenship application . . . . The government’s position is that he never had a legal right to be here. I feel that his case would not have been aggressively prosecuted if he were not Filipino . . . . This is one of the most egregious cases I’ve ever seen,” Coyne said.

Carl Shusterman, a former INS prosecutor now in private practice in Los Angeles, said he was surprised that INS officials chose to prosecute DeGuzman on a criminal charge.

“You usually don’t prosecute cases like this one criminally, because they are very common. I’m surprised that they sought a criminal prosecution instead of a simple civil proceeding, where he would be brought before an immigration law judge,” Shusterman said. “I’ve never seen this in Los Angeles. I’m surprised that they would pick him for a criminal proceeding, because of his Navy background.”

Despite the INS’ apparent zeal in prosecuting DeGuzman, both Wheat and Shusterman said that, even if Gonzalez rules against him, DeGuzman will not automatically be stripped of his uniform. The attorneys also agree that he will probably not get a jail sentence.

Up to Judge’s Discretion

If Gonzalez’s ruling is unfavorable, DeGuzman can appeal to an immigration law judge and file further appeals all the way to the U.S. Supreme Court, if necessary. But the immigration judge can use his or her discretion and stop DeGuzman’s deportation by ruling it would be detrimental to his daughter, who is 16 months old and a U.S. citizen, or his mother and brother, both naturalized citizens and who are supported by DeGuzman.

Ultimately, it would be up to the Navy to decide whether DeGuzman should be kicked out of the service if the immigration judge finds him deportable, Shusterman said.

However, prosecutor Wheat is confident the Navy will start discharge proceedings as soon as DeGuzman is sentenced.

“As soon as he is sentenced, the Navy will be interested in removing him for perpetrating a fraud,” said Wheat. “ . . . He is not a permanent resident. He’s not entitled to any benefits available to permanent residents . . . . Simply, he lied to get into this country. Navy regulations do not permit illegal aliens in its ranks.”

Meanwhile, DeGuzman nervously awaits his sentencing date and hopes for the best.

“I could have lied on the citizenship application, but I wanted to tell the truth.”