TRAITORS (6 page)

That night, Norma was unable to communicate with Pablo because he was on a special assignment. They only told her that they would pass on her message, leaving her constrained to just send an email explaining everything that happened.

An All-Out-War
 

The next morning would be even more demeaning for Luis. After only two hours of sleep, he was rudely awakened early in the morning. After grooming, he ate his breakfast at eight o’clock. He had to prepare for a rigorous examination before being transferred to the detention center in the city of Lancaster, California—northeast of San Fernando, which is about forty minutes away.

There could be nothing worse for him. After the uncomfortable interrogation, his hands and feet were cuffed as if one of the worst criminals. He was guarded by at least four federal agents and was led to the truck that would transfer him to his jail. He never imagined the possibility of going through all this, because in his mind, he simply could not comprehend why his crime deserved this kind of treatment. During the years of his life in the United States, he had devoted himself to doing good acts for not only his community but the nation.

Norma accompanied Zina that morning to talk to the immigration lawyer and explain what had happened: from the day of the accident to the charges filed against Luis.

The attorney received them immediately and after hearing the whole story, he made the family mindful of the steps that had to be followed. To start, they had to contact a lawyer specializing in deportation since it was the most probable sentence the judge would hand out. However, since he was under the protection of Act 245i, he had to be represented by an expert counsel.

“For now, try to communicate with him in the detention center and say that under no circumstances should he sign any document pertaining to voluntary deportation. This will definitely ruin the whole process,” the lawyer said. They left the place with information on an attorney specializing in deportation cases, but first went to investigate which detention center Luis was moved to. They soon learned that he had been transferred to the city of Lancaster and immediately went there. The drive to Lancaster took almost an hour since it was in the middle of the daily commute.

Upon arrival, they encountered many setbacks since Luis had just arrived that same day and his records in the system had not yet been updated. They also found out that visiting hours were even more restrictive than in the county jail. After waiting for nearly three hours, and using a little bit of Norma’s military privileges, they finally had the opportunity to speak with him. They were finally able to communicate and explain the lawyer’s recommendations to the young man.

Meanwhile, Luis explained that in three days he would have his first hearing with the judge and he would know what would happen to him. He also told them that apart from his defense counsel; only three other people were allowed in court. The authorities had informed him that if they could not afford an attorney, he had the right to a public defense lawyer. Luis chose the latter not wanting his family to continue spending their money on his case, but Norma and Zina objected, knowing that a public defense counsel would not represent him with the same zeal that a private attorney would.

After taking all relevant information for the day in court, the ladies went back to Los Angeles, but not before booking an appointment for that afternoon with attorney Antonio Quintanilla, an expert in deportation.

The lawyer received them and after hearing the case, they reached an agreement for Luis’ representation.

“It will not be easy,” stressed Quintanilla. “Today the forging of official documents is a major offense and is punished harshly if the offender is an American citizen. If committed by a legal resident or someone in the legalization process, he or she automatically loses his or her residence status or the right to be legalized. But we will try to fight it as a humanitarian case. However, depending on what the judge says during the first hearing, I will ask for an extension to study the case and determine how we can win.

Once back home, Zina and Norma shared some experiences they had lived through and how being in love with the two brothers had made a mark in their lives. Luis and Pablo both shared the same determination and fighting spirit necessary to achieve what they wanted. Pablo had come to America with the firm intention of having a better life, as he had always wanted to share every bit of success with his family.

He felt that it was the responsibility that comes along with being the eldest son. He was very close to his family and had high principles—both religious and moral. It was always his priority to be generous and to be of help to others, always beginning with family. He also had the firm intention of leading his brother on a straight path and making him an upright human being, just as his mother and grandmother had taught him to be. Luis had learned to follow the advice of his brother. He always did his best to help others in whatever way he could. This earned him the appreciation of both his school and his community. He was always the first to raise his hand when the necessity to help others arose.

The next morning, Norma received a call that would worsen the situation. Luis’s sister called to report that Grandma Andrea had a very bad relapse and was hospitalized yet again. She was now in the intensive care unit and doctors were not very optimistic about her recovery. They had warned the family to expect the worst. Maria told Norma that her grandmother had already noticed the lack of calls from Luis and had asked her to tell him to call.

Norma said she would send some money to help with the expenses while they waited for Pablo to call and they could decide what to do.

“Take care of her and don’t leave her side,” Norma said. “When I hear from Pablo, I will ask him to call you.”

As she hung up, Norma wrote down the hospital’s information and phone number. Norma immediately called her husband at his base in Afghanistan and made him aware that the emergency was now greater since his grandmother was in a very serious condition and that he needed to call them as soon as possible.

Later, Pablo was finally able to communicate with Norma. In his situation and the kind of place Pablo was in, it was not very easy to make transcontinental calls. Norma emphasized that he had to seek special permission to leave because his grandmother was hospitalized and was under intensive care; that, on top of Luis’ legal proceedings which had become complicated.

` That evening, Pablo approached his superiors to request special permission to travel, back to both the United States and Mexico, to be near his grandmother, and to help cope with the legal proceedings of his brother. Permission was granted immediately as, in the case of a life-threatening condition, it could not be denied. He only had to wait until the following day to arrange his return to the United States.

The wait was long and uncomfortable. A great feeling of nostalgia came over him in the depths of his being. Things were not going well. Although a baby was on the way and that alone should’ve been cause for joy, his grandmother’s health was deteriorating and she was in the most critical moments of her life.

Going back was not easy, because he had a series of layovers: first in England, where he boarded another flight bound for Miami, then onto another flight to Edwards Air Force Base in the city of Lancaster. The whole trip lasted about thirty-six hours and though by chance he had landed near where his brother was being detained, he didn’t have the slightest idea he was there. He immediately went home to Sylmar. Norma, in the meantime, was in the courtroom waiting for the judge to make rulings on the case.

Since he had no information of the whereabouts of his brother, Pablo called Mexico to talk to his sister about the condition of their grandmother. Not finding anyone at home, he dialed the hospital’s number, which he found on a note taped onto the refrigerator door at his house. After several attempts, he managed to get through and was then transferred to the extension number of his grandmother’s room. His sister answered. She was thrilled to hear the voice of his older brother and burst into tears, which made Pablo even more worried.

“Calm down little sister. I will be there soon,” he said. “For now, tell me how grandma is doing. Do you think it’s possible to talk to her?”

“I don’t think so,” said Maria “she can barely speak and she just slept almost the entire day, but for sure she knows that you’re calling because she looks serene at the moment. The last time I spoke with her, she asked to be visited by everyone since she doesn’t know how much longer she’s going to live and you know how this breaks my soul,” said Maria with tears in her eyes. “I notice how emotional she is in knowing that you’re calling. It drew a smile to her lips and a tear filled with emotions—a tear that she contained for several days, because very little has been said since we brought her to the hospital. The most important thing for her is that you are well. It has been a long time since she last heard from you or Luis.”

Pablo ended the call with a promise of being there as soon as possible, but not before thanking his sister for all that she has done for their grandmother. Despite her young age, she had not only had the responsibility of taking care of the elderly lady, but also in managing to balance school while taking care of their home. This was irrefutable evidence of maturity and great love. Not a single word of reproach ever came out of her lips. She had let a part of her youth be sacrificed. She gave up having fun—something that’s quite important for girls her age.

The scene seemed to have repeated itself that morning in the federal court in Lancaster. Inside the courtroom were Norma, Zina and Aunt Lupita. Norberto and Zina’s mother were waiting outside. Attorney Quintanilla appeared to be well prepared to defend Luis against the charges.

The judge came in and all those in the room stood up. After the greetings, the judge struck the sound block with his gavel and asked those present to be seated. He then pronounced the case on trial and asked them to bring Luis to dock and said:

“The Honorable Federal Court presents Luis Arriaga, charged with use and forgery of official documents. How does the defendant plead?”

The lawyer had already advised Luis to not lie in front of the judge as the sentence could be harsher if the judge discovered a lie. Luis had to plead guilty to the charges: they would later demonstrate the right reasons for doing what he did.

Luis had sworn on a Bible to tell the truth and nothing but the truth.

“Mr. Luis Arriaga is accused of the crime of using and falsifying documents, which were found in the vehicle owned by his brother. The documents were in his name. How do you plead to that?” The judge repeated.

Luis looked up and saw those present. After a few seconds, he turned to the judge and answered, “Guilty, Your Honor.”

“The court will recess for fifteen minutes then decide his sentence,” the judge said.

The judge left the room and Attorney Quintanilla approached Luis to tell him what came next once the judge determined the sentence. The fifteen minutes seemed like an eternity for Luis and his family. When the judge appeared again, everyone in the courtroom was in complete silence bracing to hear the sentence. Luis, at the time, was in a cold sweat.

“Due to the display of good behavior by the accused during his days spent in this prison, and because he had pleaded guilty and cooperated with authorities, the sentence of the defendant for the use and falsification of documents is six months imprisonment in federal prison. After completing his sentence, he will be deported back to his country of origin within 24 hours.”

There was a collective groan in the courtroom. The pronouncement was like a bucket of cold water for Luis. He did not expect the judge to give him a punishment so harsh since he did not have any other offenses, and the charges from the previous accident had been completely wiped out of his records. After waiting so long, his world was crumbling beneath his feet. He felt great anger and a devastating sense of helplessness because nothing could be done. Not only did he lose his freedom, but he also lost a life full of promises and dreams waiting to be fulfilled. He did not know where to begin assessing the damage caused not only to himself, but to the woman he loved. Zina looked at him with a gaze full of tenderness, seeing her beloved again be imprisoned and unable to do anything about it.

“Order in the court,” demanded the judge. “On behalf of the defendant, is there anyone who has any objection?”

Quintanilla stood up and walked towards the bench.

“Your Honor, I have an objection to the sentence and I request an extension of thirty days to prove that my client only made use of the forged documents to find work. I will also show that he is protected under Immigration Act 245i. Please also allow me to come up with references of good behavior in society so that he may be granted pardon and thus avoid being deported; enabling him to continue the legalization process he had already started.”

“You have 48 hours to file supporting documents of his 245i protection,” said the judge. “And in thirty days, you must present evidence of your defendant’s good behavior and civic participation in society. In the meantime, he is hereby ordered to remain in custody until the hearing. There will be no change in his sentence until such claims are proven.” With a strong strike of the gavel, the hearing adjourned and he withdrew.

The verdict was clear. Luis was taken back to his cell to await visiting hours—which would be about two more hours. Making the most of his time while waiting for visiting hours to start, Quintanilla spoke with the family to gather information about Luis’ good behavior. He mostly wanted to have a talk with Luis, from whom he would get most of the ideas to support such a complicated case.

Norma contacted Pablo to tell him where they were and asked that he join them immediately. Pablo left for Lancaster with the uncertainty of what had happened because his wife had not given him many details over the phone.

Pablo arrived just in time for the start of visiting hours. The meeting was the most touching. It had been a little over a month since he last saw his family. Norma’s pregnancy was now obvious. Although she looked beautiful in his eyes, she wasn’t able to hide the dark circles beneath her eyes. They went into a private room where they would be meeting with Luis. It was a special privilege that Quintanilla managed to obtain for them since the two were serving in the Armed Forces. Being in that private room, allowed them to have a face to face with Luis. With tears in their eyes, the two brothers clasped into a long embrace filled with emotions. Pablo never expected to see his brother deprived of his liberty and had great sorrow in his eyes.