Javier Gallegos Rosales, young immigrant facing deportation, granted continuance in case

Categories: Immigration

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More photos below.
Update: Javier Gallegos Rosales, the young immigrant whose story we posted earlier today, has been granted a continuance in his deportation case. His lawyer, Hans Meyer, tells us that Gallegos Rosales is due back in court in October -- and Meyer says they'll use the extra time to strengthen their case. They're asking the federal government to exercise prosecutorial discretion and drop the deportation case against Gallegos Rosales based on what Meyer describes as changed circumstances in the 26-year-old's life.

Meyer says he can't discuss the details of those circumstances at this time. But he says he hopes that the additional information will help the feds make what he sees as the right decision.

Read our original post below.

Original post: Last summer, we told you about a growing trend of undocumented immigrants going public to stop their deportations. That trend continues -- and yesterday, as a frigid wind blew icy snowflakes into people's hair and jackets, a group gathered in front of the federal courthouse in downtown Denver to protest the deportation of 26-year-old Javier Gallegos Rosales, who came to the United States at age nine.

Today at 8 a.m., an immigration judge will decide whether to deport Gallegos Rosales to Mexico.

"I really want to stay here and go back to school to become a graphic designer," Gallegos Rosales told the sign-bearing crowd yesterday. "There's no other place that's home."

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Melanie Asmar
Javier Gallegos Rosales speaks to the Spanish-speaking media.
Gallegos Rosales's entire family is here, he says, and he's spent the majority of his life in the U.S. He graduated from Denver's Manual High School in 2005 and has worked at a bakery for the past seven years, performing every job in the shop. His dream is to save up enough money to go to college. He's active in his church, Queen of Peace Catholic Church in Aurora, and with Denver's Centro San Juan Diego ministry.

"I'm not a bad person," he says. "All I do is work, church, youth group and family."

In March 2011, Gallegos Rosales was arrested on a charge of habitually driving without a license; he'd previously gotten several tickets for driving without a license, according to the law firm representing him. Federal Immigration and Customs Enforcement learned of Gallegos Rosales's undocumented status and placed him in deportation proceedings.

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Melanie Asmar
Gallegos Rosales addresses the crowd.
His case was still pending when, in the summer of 2012, the feds announced a new program called Deferred Action for Childhood Arrivals, or DACA. The program allows young immigrants who entered the country illegally as children to apply for temporary legal status. There are a few requirements, however, including that the immigrant must currently be a student or have graduated from high school and must have a clean criminal record. Felonies or "significant misdemeanors" render a person ineligible.

At first, Gallegos Rosales's lawyer thought he'd qualify. He fit the spirit of the program perfectly, says paralegal Julie Gonzales: He was a young, clean-living undocumented immigrant whose greatest wish was to go to college. But because Gallegos Rosales pleaded guilty to habitually driving without a license -- a first-degree misdemeanor -- he didn't qualify for DACA, Gonzales says. "He's one of those young people who should be able to do that instead of fighting against his deportation case," she adds.

Gallegos Rosales says he knows that his situation saddens his family. "Even though they don't show it, I know they hurt inside," he says. "They don't want me to go."

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Melanie Asmar
The group circles around Gallegos Rosales.
At the end of yesterday's rally, Pastor Vern Rempel of the First Mennonite Church of Denver and the immigrant advocacy group Together Colorado asked everyone in attendance to circle around Gallegos Rosales, who wore just a sweatshirt in the snow. "We are ready to walk with him so he does not need to walk alone," Rempel said before leading the group in a rendition of "We Shall Overcome."

Gallegos Rosales says the gathering made him feel supported. "Some people I don't even know," he says of those who attended, "and they are here to support me."

More from our Immigration archive: "Jeanette Vizguerra, undocumented mother and advocate, given six-month stay of deportation."


Follow me on Twitter @MelanieAsmar or e-mail me at melanie.asmar@westword.com


My Voice Nation Help
49 comments
uwazup15
uwazup15

All Of your comments are so Stupid. If you don't know the facts on the subject it's better to shut up. Be as racist as you all want but you will NEVER get rid of immigrant. It's funny to see how scared "White Americans" are because we are starting to dominate and have such a great impact in "their" country. HAHAHA go ahead respond to my comment AMUSE me please!   

Malcolm Campbell
Malcolm Campbell

If there is Native Americans then what the fuck are yall????

Daniel Quintana
Daniel Quintana

Well if he worked on being a citizen. If he didn't try then why should the U.S.? Why would a wife try and the husband sat on his ass, you think that's fair?

Scott Adelmann
Scott Adelmann

i came for the comments but stayed for the greencard

Stephen Barbieri
Stephen Barbieri

Doesn't matter how long he's been here, Deport every POS illegal NOW!!!

Stephen Barbieri
Stephen Barbieri

Doesn't matter how long he's been here, Deport every POS illegal NOW!!!

Marcus Netters
Marcus Netters

Native Americans should be the most upset by this post.

bajarat
bajarat

This parasitic illegal alien leech should have been deported long ago. It's the law, so kick his sorry arse out.

ImNotSmart
ImNotSmart

GOOD NEWS FOR 'LA-RAZA' AND THE REST OF THE ANTI-AMERICAN PARASITES (Less than 1% chance of being deported under the current administration):

Homeland Security Secretary Jeh Johnson acknowledged Tuesday that his department’s deportation numbers are now mostly made up of illegal immigrants caught at the border, not just those from the interior, which means they can’t be compared one-to-one with deportations under President Bush or other prior administrations.

The administration has argued it is tougher on illegal immigration than previous presidents, and immigrant-rights groups have excoriated President Obama, calling him the “deporter-in-chief” for having kicked out nearly 2 million immigrants during his five-year tenure.

That would mean that in a one-to-one comparison with the final years of the Bush administration, deportations of those same people under Mr. Obama had actually fallen, according to immigration analysts who have studied the data.

In 2013, ICE was responsible for about 133,000 of the 368,000 immigrants removed. The Washington Times calculated that meant a less than 1 percent risk of an illegal immigrant living in the interior of the U.S. being deported.

Ron Hurley
Ron Hurley

Does he pay taxes or are we just allowing him to live under our blanket of freedom free of charge? He should get citizenship and do it the right way.

Stephanie Sarad
Stephanie Sarad

there are plenty of people who come to the US and do it the proper way. If you break laws, you need to man up and deal with the consequences. Stop feeling sorry for yourself....

Jeff Arnold
Jeff Arnold

Deport his ass. All of you liberal idiots need to wake up. You have been paying the taxes and registration fees for roads, schools,ect. While this guy has been working under the table, and taking advantage of the things that YOUR tax dollars pay for! If someone wants to come to America they need to do it the legal way. If you were not born here there is a process you have to go through just like any other country. You think they wouldn't send me packing if I went to some other country to live without gaining citizenship and paying taxes there? As for that idiotic comment about no white people cleaning bathrooms, ect..... If there were no illegals willing to do it for 7.00 an hour under the table, they would HAVE to pay a decent wage to get someone to do it. Our economy would benefit. You liberal idiots need to get your heads out of your asses.

Amber Rae Schultes
Amber Rae Schultes

Everyone acts like the DMV woulda gave this kid his license.... I'm sure the man has white kid dreams!! Like taking a drivers test once he's "legal".... I get smacked by white people driving illegally ALL the time!! That's why I've got full coverage!! How is the growing number of cheap white bastards skipping auto insurance BETTER than the colored kid that wishes he had a license.

Amber Rae Schultes
Amber Rae Schultes

What an upstanding guy... If we gave him papers I'm sure he would "stop drivin without a license", it then gives insurance companies an opportunity to sell him insurance and also gives him legal tax status for his employer.... Not to mention the opportunity to put him through college n accept his hard earned money..... It sounds like that's an American to me. All the things this kid would most certainly do.... I understand immigration is a HUGE issue in m'erica! But I think the issue resides with people that work under the table, have no interest in following American laws, and don't pay American taxes just to see the $ back home to Mexico. Those are the people we need to crack down on. Not a kid that wishes to live every American dream as his own.

Will Zavala
Will Zavala

For all you dumb Americans who don't use your noddle and want to deport everyone, you better think twice cuz I haven't seen any white folks cleaning the restrooms at TRADER JOES or any white dudes on a trash truck picking up your garbage...

Mallory French
Mallory French

It's not easy to get citizenship in most all countries. As an adult, you usually need a BS degree or a very good work history to prove you will be a productive citizen. I don't think it takes an idiot to understand that when you enter ANY country illegally you face deportation. If you want to immigrate then do it properly. It's not fair for him that his parents did this to him but it is also not fair for the country to be strained by an overpopulation of illegals especially those who continuously commit crimes even if they are petty.

James Gold
James Gold

You guys are all shitty Americans.

Frank Molina
Frank Molina

Now I'm only responding to the marginalizing comments on here that assume it's so easy to get citizenship. If uou commit a crime over and over and are illegally here...you should know better.

Frank Molina
Frank Molina

By the way Brian the lady im talking about has been paying taxes her WHOLE life.

Frank Molina
Frank Molina

You people have NO idea what you're talking about. You don't just get citizenship by seeking it. I know a lady that has been here since she was 7...it wasn't until she was 27 that she was able to obtain a work visa. She still waiting for her citizenship. Stop being narcissistic nationalistic assholes and put yourself in his shoes. How does anyome know what he has done or not done. Imagine not even remembering where you're from or the language. Having no family there and being sent back. You legalistic assholes. Im 100% an American citizen by the way...if you questioned that due to my last name it shows why this country is so fucking ignorant!

ImNotSmart
ImNotSmart

I think i'm gonna sneak across the border to Mexico. I'm going to steal Mexican job's and resources because I am special and don't feel I need to follow the law. When I get caught, i'm gonna hold a rally for myself bad-mouthing the country I illegally snuck into while waving my American flag in the air. I have a name. Call me ignorant.

Brian Rouse
Brian Rouse

Wrap him and his family up in a tortilla and send them back to Mexico! Holla at ya! Next time pay your taxes, I've been paying them for over half my life..

Erica Rosenthal
Erica Rosenthal

No no no.. I don't care how "nice" you are. Let's not forget that he drove without a license over and over again. He did this selfish act many times and he got caught many times. #sorrynotsorry if he really wanted it bad enough he would have started working toward citizenship much earlier not just because he was facing deportation.

Derek Zipperlen
Derek Zipperlen

If he did not do what is necessary to become a citizen, he needs to go. Simple as that. He had plenty of time.

Ehron Moats
Ehron Moats

You have to Pay before you play no matter the age.

Clayton Capra
Clayton Capra

He's been an adult 8 years, why has he not gained citizenship by now?

Russell Lopez
Russell Lopez

He may actually have an Individual Tax Identification Number, and pay taxes even if here illegally. Doesn't matter, he keeps breaking the law and what good is a law if it's not enforced? I agree that he should be deported to his country of origin. He has had plenty of time to begin working on his visa or citizenship.

Mallory French
Mallory French

And let me add to that. How do illegals even get registered for school? I had to have a social security card, proof of residency and immunization records. Did he have that? I highly doubt it. He also claims to have a job....how? He has no tax identification number. Somebody may want to check into that company.

Mallory French
Mallory French

Be mad at his parents first. They broke the law by not immigrating properly. Now, be mad at him. He's 26 years old. Why has he not obtained citizenship by now? How it is fair for me, a tax payer, to pay for illegals school, medical, and possible prison? It's not. How many years again has he not paid taxes...that would be 8! Don't let the door hit you on the way out.

Legen Dairy
Legen Dairy

He's old enough to of went down the path to citizenship. If I break a law I get a ticket pay a fine and go home. Immigration laws are here for a reason. Deport him and call it a day.

baratlrocks2009
baratlrocks2009

Oh, boo hoo. If he has graduated high school, he has been living here illegally for AT LEAST 9 years, half his life. Using resources and habitually breaking the law in a place with amazing public transportation. Cry me a river. He could be a legal citizen by now if he was that interested in staying here. Send him away and begin the process on the rest of his family, too.

Jordan Snyder
Jordan Snyder

Do you have any idea how many laws every American citizen breaks every day? You're a self-righteous ass. It doesn't take a genius to understand laws are not always just - the only thing you just did is express your agreement with a nationalistic, paranoid, bullshit immigration system.

Fitz Greg
Fitz Greg

Illegal is illegal. Deport. Not his fault, his parents. Still gotta follow the law. What message does it send? Everyone else will start breaking laws.

bajarat
bajarat

So-called "Native Americans" snuck in from Asia.

bajarat
bajarat

@ImNotSmart Comrade Obama's "Jeh" cockroach is another hand-picked open-borders lackey a la Soros and the rest of that gaggle of socialists. It's amazing just why the comrade and most of his treasonous stooges like "Jeh" haven't wound up in jail by now.

fishingblues
fishingblues topcommenter

" I get smacked by white people driving illegally ALL the time!!"  

Wow Am,  if you are that stupid and careless, you might consider hanging up your keys.   

bajarat
bajarat

Plenty of Americans would be doing menial work in comrade Obama's economy if wets hadn't driven wages into the ground, you culero,

ImNotSmart
ImNotSmart

I know plenty of out of work truck drivers that would take a job at Waste Management. Kinda hard to get a job there in this city when the cockroaches are willing to do the job for less than a living wage. Illegal immigration is BAD for our economy. Period.

bajarat
bajarat

You apparently have the mindset of the rest of the Mexican garbage we are plagued with. Leave, won't you.

bajarat
bajarat

American citizens are one thing, but illegal alien parasites are another.... moron.

bajarat
bajarat

@fishingblues It's hard to avoid being hit by a drunken wet,,,, happened to me several times.

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