Lawsuit: Day Laborer Faces Deportation After Anaheim Employer Filed False Police Report

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Jose Ucelo Gonzalez sought an honest day's work and compensation as many do outside an Anaheim Home Depot on Brookhurst Street and Crescent Avenue in March. The day laborer was hired by Michael Tebb, an Anaheim employer who used "Nick" as an alias, for a job in Garden Grove that unfortunately set in motion circumstances that now have him facing deportation from the country and separation from his 10-month old son.

Ucelo and community supporters gathered today at Tebb's residence in Anaheim near the day laborer site to serve a summons for a lawsuit against him. It contends that the jornalero was falsely reported for robbery to Garden Grove police on March 9, 2012 by his boss to avoid being paid for his 10-hour workday. Ucelo had also called police to report wage theft, but only he was detained in the dispute. Tebb was not.

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Protesters rally and play music outside the home of Michael Tebb

The charges were eventually dropped as the flimsy accusation fell apart, but Ucelo, who has no criminal record, was not freed. Instead, he was transferred to the custody of the Immigration and Customs Enforcement (ICE) and now could be deported.

Those rallying on Ucelo's behalf today, including Colectivo Tonantzin and the National Day Laborer Organizing Network, called on ICE to use discretion in his case while protesting wage theft and pressuring Governor Jerry Brown to sign the TRUST Act into law in order to avoid any further wrongful deportation detentions. At one point, as many as four Anaheim police patrol cars were dispatched to the scene. After having discussions with organizers, two officers entered the residency, but Tebb was reportedly not home, though two of his sons did come out at one time.

The August 3 lawsuit against defendants Tebb, M.T. Asphalt, Adam Hud and Robert Casillas will be handled in Superior Court Judge Thierry Colaw's Santa Ana courtroom.

On another TRUST Act front this weekend in the city, the Orange County DREAM Team is planning to hold a rally outside the Anaheim Police Department tomorrow at 5 p.m. The organization is also calling on Governor Brown to sign the legislation and repair the broken confidence in law enforcement that has take place since the implementation of the federal Secure Communities (S-Comm) deportation program. Approximately 80,000 people have been deported in California as a result of the policy with less than one-third among those having been convicted of a serious crime.

On Thursday, 22 congressional Democrats from California endorsed the TRUST Act and urged effective action from the Governor. The legislation also enjoys support from police chiefs and county sheriffs in the state as well.

For his part, the Governor has two and a half weeks to decide whether or not he's down for the brown!

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36 comments
armandocdll81
armandocdll81

I don't see any problem here.  Just pay Jose his wages then repatriate him to his home country. He knows he is violating the law by being here illegally. Stop crying and act like a man for God's sake. So much for Latino machismo. 

alwayswright714
alwayswright714

How is Selective Enforcement not in violation with the Equal Protection Clause of the 14th Amendment?

 

Shouldn't ALL that are in our country ILLEGALLY be deported?  Why should only some be deported, and others allowed to stay?  This seems worse than the so-called "racial profiling" argument against SB-1070 in Arizona.

 

 

alwayswright714
alwayswright714

.......Governor Jerry Brown to sign the TRUST Act into law in order to avoid any further wrongful deportation detentions.

 

 

Wouldn't a wrongful deportation be defined as deporting someone that was in our Country Legally?

 

How can deporting anyone that is in our Country IL-Legally a "wrongful" deportation detention?

 

 

JBinOC
JBinOC topcommenter

If Michael "Nick" Tebb is guilty of exploitation -- which is not a crime -- I wonder what else he and his cohorts/co-defendants are up to.  Just a wild hunch that some of those endeavors are criminal in nature.  The books and tax documents at MT Asphalt might be a more interesting read than Mitt Romney's. 

Mitchell_Young
Mitchell_Young

If Mexico is so great, why is it bad to get a free trip back there?

johnrose7588
johnrose7588

So let me get this right. Did you say that over 25,000 of the had a criminal record and were sent back? I see no problem with that. If thats alot less crime that will take place with those people gone

Mitchell_Young
Mitchell_Young

BTW the guy has been committing crimes other than illegal entry (which is *not* a civil offense, but a criminal misdemeanor punishable by up to 6 months in the penn). If he has been working as an independent  'contractor', I guarantee he hasn't been filing his tax paperwork or doing his quarterly withholding and sending it to the Feds. If he was hired for a job, he had to have signed an I-9 certifying his eligibility to work in the US -- so he committed perjury or tax evasion. Don't think those are crimes? Talk to convicted criminal Martha Stewart.

Mitchell_Young
Mitchell_Young

No, what set in motion his deportation was him coming here illegally.

 

"For his part, the Governor has two and a half weeks to decide whether or not he's down for the brown!"

 

Nice of you to admit this is a racial issue though -- Latino Lebenraum!

Mitchell_Young
Mitchell_Young

 @JBinOC I fully support an investigation into Tebb and his associates. Funny thing is, it looks like he lives in flatland Anaheim. If 'exploiting' illegal labor were actually good business for contractors, he should be living in the Hills.

Mitchell_Young
Mitchell_Young

 @johnrose7588 Also have to point out that the reason for the supposedly 'low' percentage of  people being deported for 'serious' crimes is that for 'serious' crimes we make them serve jail time here. Since Secure Communities is new, that means most illegals who have committed serious crimes, such as the dude that killed director Bob Clark (Christmas Story, Porkies) and his 22 year old son, in 2007, should still be serving time.

 

http://www.canadafreepress.com/index.php/article/1100

GustavoArellano
GustavoArellano moderator editortopcommenter

 @johnrose7588 Actually, pendejo, muchos studies have shown that communities with muchos immigrants are safer than whatever shithole you live in!

rotoro91
rotoro91

 @Mitchell_Young

 

Whether you like it or not, the fellow is here. Is it right for the employer to take advantage of him?

Sooner or later we will have another immigration reform, and the majority of the beneficiaries will be hispanics. We are a diverse community, and this is one factor that determines policies.

BillxT
BillxT topcommenter

 @Mitchell_Young

 If you're not alarmed by selective enforcment, you've missed the point.

alwayswright714
alwayswright714

Johnrose - Makes no sense does it?

 

 

Take a look at  Anacrime and Stabba Ana and tell us again how safe those cities are.  It would be interesting to compare their crime stats, but also compare their schools, graduation rates, and how much is spent per student in neighboring cities like Irvine & Santa Ana.

 

 

 

@GustavoArellano  @johnrose7588 

johnrose7588
johnrose7588

@GustavoArellano @johnrose7588 You say im the pendejo? What studies show cities are safer with immigrants . That id like to see. I live in anaheim. Lots of immigrants and lots of crime. Thank heaven for a hardworking police force working to keep our city clean. But lets consider the citya that do have a high concentration of wetbacks, oops i mean immigrants. We have santa ana, pacoima, anaheim, van nuys, sylmar, orange, chula vista, national city, bakersfield, westminister, stanton, reseda,and carson. All dumps. All full of immigrants. Gus, show me a city with a heavy population of immigrants and ill show you a city full of crime bitch!

armandocdll81
armandocdll81

 @rotoro91  @Mitchell_Young No one is disputing that the employer took advantage of Jose just as no one is disputing that Jose is an undocumented alien. Levy the appropriate fine against Mr. Tebb and repatriate Mr. Gonzalez to his home country. It's not rocket science.

tknight_69
tknight_69

@rotoro91: So he comes here illegally to work, and gets taken advantage of... Whether YOU like it or not, sounds like offsetting penalties to me. Noone can start off wrong and reasonably expect right.

alwayswright714
alwayswright714

 @rotoro91  @Mitchell_Young I agree with you Mitchell - Many people overlook the I-9 Perjury aspect of it.

 

Rotor - While I don't condone the actions of Tebb, that does not mean that both should not be dealt with accordingly.  Two wrongs don't make a right.

Mitchell_Young
Mitchell_Young

 @rotoro91 " Is it right for the employer to take advantage of him?"

 

It's like one of those movies about con-artists conning a crooked businessman, he was foolish to put himself in the situation.

 

I would like to see charges brought against the employer, if he knowingly hired an illegal. And knowing the demographics of these things, I'd bet dollars to doughnuts the employer himself is a 'Latino' contractor.

Mitchell_Young
Mitchell_Young

 @rotoro91 And whether you like it or not, we have immigration laws. This fellow is subject to deportation.

 

And another so-called 'immigration reform' (not reform, which would actually look at why a country with 8% unemployment needs 1 miilion legal immigrants, and why we choose them by nepotism) has failed repeatedly -- so much so that Obama had to institute an illegal amnesty for so-called 'dreamers'. That will be challenged by Congress after the next election.

Mitchell_Young
Mitchell_Young

 @BillxT I'm missing your point. I'm for across the board enforcement -- including of the labor and tax laws that MT construction was doubtlessly violating by employing casual day labor. 

Mitchell_Young
Mitchell_Young

 @GustavoArellano  @johnrose7588 What is happening is that Mexicans displace blacks. See recent fights over political power in Compton, which is now majority 'Latino'. And even 'Latinos' can't match the crime rate of our African-American brothers and sisters.

GustavoArellano
GustavoArellano moderator editortopcommenter

 @johnrose7588  @GustavoArellano No, you get to do the heavy lifting on this one, chulo. I've written about the phenomenon in my columna, and you're required to read it every week to give justification for your sad, pathetic life!

rotoro91
rotoro91

 @armandocdll81  @rotoro91  @Mitchell_Young

 According to tonight's Univision forum with Romney, there are eleven millions of undocumented persons. The policy implications are enormous, that even Republicans are admitting the need for another reform. Rosa Parks illustrates that at certain point some laws needs to be challenged. The current immigration laws are being challenged by millions of people. 

Mitchell_Young
Mitchell_Young

 @rotoro91  @alwayswright714 Yes.  The current circumstances are 8.1 percent unemployment, more like 16 percent when 'discouraged workers' and unwilling part timers are included. We need far fewer legal immigrants.

 

Rosa Parks was an American citizen whose ancestors had long been in the US -- false analogy with illegal aliens.

alwayswright714
alwayswright714

   Rotor - I realize that many laws or interpretations of laws are in need of repair.   The Anchor Baby Clause of the 14th Amendment for one.  Only someone born here to someone here legally should be birthright citizens.

 

 

 

However I would never support Retroactive Rule Changes.  Any immigration reform needs to be from the time it is approved Forward (not backward).  You cannot keep rewarding those that broke our laws, this encourages the bad (Il-legal) behavior.  IE, the 1986 Amnesty was for roughly 3 million people, now the number has at least quadrupled.

rotoro91
rotoro91

 @alwayswright714  @Mitchell_Young

 Most immigrants come over to pursue the American Dream, and the immigration laws are periodically reformed, to address the current circumstances. Rosa Park broke the law, which was an inhumane one.

tknight_69
tknight_69

@BillxT: No Bill, the reason he came up is that his country is run by degenerate criminals, and like most of his contemporaries, lacks the means and/ or courage to take back his country.

BillxT
BillxT topcommenter

 @Mitchell_Young

 By the way, if you want to disgust (see "Rohrabacherism") root causes, the fact that unscrupulous people are hiring people and the lack of opportunity in Mexico is the reason he came up. We can play this game forever.

BillxT
BillxT topcommenter

 @Mitchell_Young

 Apparently I took your comment incorrectly, apologies for that. I don't see that you developed that part of the argument very deeply, so I think It's not all my error in misinterpreting.

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