The Middlesex County District Attorney’s Office plans to request that an illegal immigrant charged with killing a Waltham man be held without bail before she can be deported back to Guatemala.
The DA’s office plans to ask an immigration judge on Monday to order Blanca Contreras held without bail to prevent her from leaving the country, spokesman Jessica Pastore said.
Despite the deportation approval, Pastore said the DA’s office intends to try, convict and sentence Contreras before she leaves the country.
A federal immigration judge last week granted a voluntary deportation request from Contreras, who is facing motor vehicle homicide charges for killing Scott Coxall last year in a hit-and-run accident, according to Immigration and Customs Enforcement spokesman Ross Feinstein.
Despite the order, Contreras could end up staying in the country for a while longer. ICE can appeal the deportation request, according to Feinstein.
Also, Feinstein said the DA can take Contreras back into their custody again if they file the appropriate paperwork and assure ICE she will not be allowed to make bail. Contreras posted a $50,000 bail days after her first court hearing, but ICE quickly picked her up on an immigration violation.
The developments in the case, come amid a Boston Herald report today that Contreras would likely avoid a trial if she is sent back to Guatemala.
A federal official with knowledge of the case, however, told Waltham Patch that ICE is not trying to deport Contreras before she can stand trial. If a judge had denied her request to be deported, ICE would have had to release her, he said.
“We only took her into our custody after Massachusetts released her from their custody. It was either she was on the streets or in our custody. Our goal is always for illegal aliens to be prosecuted on state/local criminal charges before deportation. If convicted, they do their time, and after their sentence is over, we deport them,” he told Waltham Patch.
Pastore said the DA’s office in February asked the immigration judge to hold Contreras without bail, but the judge denied that request.
Coxall’s father, Thomas, told Waltham Patch he wants an explanation on how Contreras could possibly avoid a trial.
“He,” Coxall said of his son who worked at the Stop & Shop in Watertown, “is not getting ay justice. His life means nothing if she walks.”
Also, Coxall corrected prior reports that his son was mentally retarted. Coxall said his son had expressove aphasic disorder.