The state of California plans to comply with Immigration and Customs Enforcement’s detainer after an illegal immigrant convicted of vehicular manslaughter was set to be released on July 19 – over six years before his full sentence is up.
Democratic Gov. Gavin Newsom’s press office announced he would be brought into federal custody ahead of the July release date. Fox News reported earlier that the California Department of Corrections and Rehabilitation tends to follow ICE detainer orders, but there were concerns that the state’s sanctuary policies could have played a role in letting him be released back into the community.
“After being deported in 2013, this individual unlawfully re-entered the US & committed heinous crimes. A GOP DA then gave him a plea deal instead of pursuing 2nd-degree murder. CDCR will again coordinate with ICE—as they have w/ 10,000+ inmates—to transfer him before release,” the governor’s press account tweeted on Wednesday afternoon.
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Anya Varfolomeeva and Nicholay Osokin were killed in an Orange County, Calif., car crash in 2021. (Courtesy of the Varfolomeev and Osokin families)
Oscar Eduardo Ortega-Anguiano was driving drunk, high, and speeding at nearly 100mph on the 405 freeway in Orange County in November 2021, when he crashed into a car being driven by a young couple, 19-year-old Anya Varfolomeev and Nicholay Osokin, which killed them both as they burned alive. In spring 2022, he was convicted of two counts of gross vehicular manslaughter while intoxicated.
Fox News reported on Wednesday morning that Ortega-Anguiano will be released by the California state government on July 19 after serving just 3.5 years, and the victim’s families were notified on Easter Sunday.
After the report came out, the Department of Justice said they would be prosecuting Ortega-Anguiano on federal charges in order to keep him behind bars longer.
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“My office has filed a felony immigration charge against this defendant. He faces up to 20 years in federal prison if convicted for 8 USC 1326. If the State of California will not seek the full measure of justice against this individual, the [DOJ] will,” Bill Essayli, United States Attorney for the Central District of California, tweeted.
Border czar Tom Homan said ICE planned on quickly arresting and deporting him if he was released by the Golden State.
“I will work with [Homeland Security] Secretary Noem on this case, and I guarantee you, if they don’t honor the detainer, we’ll have ICE agents outside that facility to take custody of this individual and deport him,” Homan said Wednesday on “America’s Newsroom.”
Mugshot of manslaughter convict Oscar Eduardo Ortega-Anguiano. (California Department of Corrections and Rehabilitation)
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ICE told Fox News that he had entered the country illegally twice before and had a prior criminal background before the two teens were killed in the fatal crash.
“His previous criminal convictions include burglary in 2005; vehicle theft in 2007; and battery on spouse with kidnapping in 2014,” ICE stated.
“An immigration judge ordered Ortega removed Nov. 3, 2014; he filed several unsuccessful appeals and was taken into ICE custody Dec. 2, 2016, and removed to Mexico the same day. Ortega attempted to reenter the United States Feb. 2, 2018, near Otay Mesa, California by presenting a counterfeit document; he was paroled into the U.S. pending criminal prosecution for illegal reentry after removal. An immigration official issued Ortega an expedited removal order and removed him June 1, 2018, to Mexico; after his latest removal, he again illegally reentered the U.S. on an unknown date and location. ICE issued a detainer with the Orange County Jail, California, Nov. 27, 2021, where he was being held on vehicular manslaughter charges at the time,” the statement continued.
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