Judicial Watch filed a lawsuit Thursday against the Department of Homeland Security for refusing to release a report of an internal investigation into why an illegal immigrant from Bolivia charged with killing an elderly nun in Prince William County this summer wasn’t deported despite a prior DUI conviction. The deadline for responding to the public interest group’s Freedom of Information Act request was Nov. 26th.
Carlos Martinelly-Montano was allegedly driving drunk again on August 1st when his vehicle slammed into a car full of nuns heading for a retreat. Sr. Denise Moser was killed, and two other nuns were critically injured.
Martinelly-Montano, who entered the U.S. illegally as a child – and would therefore be a beneficiary of the DREAM Act if it passes Congress during the lame duck session – had been scheduled for deportation, but his hearing was inexplicably delayed three times. In 2008, Immigration and Customs Enforcement released him on his own recognizance pending a deportation hearing that never took place.
The only correspondence Judicial Watch received from DHS was an Oct. 21 acknowledgement of its FOIA request, which included a 10-day extension. To date, the department has not provided any of the requested records, or explained why they should be withheld, as required by federal law.
“My guess is that the report is embarrassing, which is why they don’t want to release it,” Juidicial Watch president Tom Fitton told The Examiner.
“The American people deserve to know why a repeat criminal illegal alien scheduled for deportation was allowed to roam free in the United States for almost two years and ultimately kill a nun. Once again, Judicial Watch is forced to go to court to force the ‘transparent’ Obama administration to follow the open records law,” he added.
Prince William Board chairman Corey Stewart told The Examiner that DHS stonewalling has led the county to file a separate FOIA request seeking the same information.