Deportation Case Against Drywall Striker Dismissed

An immigration judge Thursday threw out the government’s case against a striking drywall worker who faced expulsion from the United States as more than 200 of the laborers staged another large demonstration at a construction site in Anaheim.

Immigrant rights attorneys claimed a legal victory after an immigration judge in Los Angeles terminated the deportation case of drywall worker Carlos Garcia Lara.

Garcia “was elated” that Judge William Martin refused to grant immigration attorneys a postponement because they lacked sufficient evidence and witnesses.

“They told the judge they weren’t prepared to present a case on such short notice,” said Garcia’s attorney, Gloria Curiel, who has volunteered her services through the Mexican-American Bar Assn. in Los Angeles.

“It was great. Garcia was elated, and there were some other individuals in the court who indicated that they were happy to see justice being done,” Curiel said.

Virginia Kice, a spokeswoman for the U.S. Immigration and Naturalization Service, said termination of the case was a result of “miscommunication” by INS attorneys. “We were under the impression that we didn’t have to bring witnesses at this time. It was miscommunication,” Kice said.

On another legal front in the drywall strike, Anaheim police officials Thursday backed away from plans to take legal action in order to better control demonstrations by strikers. But a group of several developers has won an order restricting the strikers’ activities.

After reviewing legal options with the city attorney’s office, Anaheim Police Capt. Randall Gaston said Thursday that there was “no present avenue” for the city to initiate attempts to secure a restraining order against demonstrating strikers. The police had suggested the order as a way to control crowd noise and taunts directed at police.

The proposal may have been a moot issue because Thursday was scheduled to be the last day of drywall hanging at Orange Pointe, a 15-unit project of Grimmway Development Co. in Anaheim.

For the last two weeks, striking drywall workers have targeted a bus loaded with non-striking drywall workers at the Anaheim site. The workers were originally believed to have been hired from Champion Drywall Co.

But a manager with Champion denied that his company was involved. The name of the drywall contractor was not immediately known.

On Wednesday, a Superior Court judge in Santa Ana granted a temporary restraining order requested by several developers building homes in the Trabuco Canyon area restricting the activities of striking drywall workers during demonstrations.

Contractors had alleged that strikers threatened and intimidated workers at a construction site at Fawn Ridge and Saddleback Ranch roads.

Meanwhile, noisy drywall workers converged once again Thursday on a small, quiet neighborhood in central Anaheim, near Velare Street and Orange Avenue, where confrontations with police have resulted in six arrests during the last two weeks.

About 225 drywall workers faced off against two dozen police officers in bullet-proof vests and riot gear, but no arrests were made.

The termination of Garcia’s case, which immigration attorneys observing the case called “very rare,” came two days after Garcia and 14 other drywall workers fighting deportation invoked the Fifth Amendment at their hearings, refusing to answer questions by immigration attorneys.

Garcia is one of 153 drywall workers arrested July 2 by Orange County sheriff’s deputies at a construction site in Mission Viejo. Authorities said the men had trespassed and forced six non-striking workers to leave the site.

The workers are fighting for the right to unionize and bargain for wages, which they claim have not increased in 10 years.

Charges against 68 of those arrested on July 2 were subsequently dropped. Another 48 pleaded guilty to charges of disturbing the peace at a labor demonstration, and 11 pleaded guilty to other charges, including battery and assault.

Immigration authorities said that during a “routine” roster check at Orange County Jail, they discovered that more than 70 of the men were suspected of being in the United States illegally. Nineteen were released after they showed proof of legal residency, and 24 were returned to Mexico without contesting their cases.

Also on Thursday, a case involving another drywall worker who claims that he has proof of his legal immigration status was postponed after government attorneys refused to accept the man’s employment card as legally sufficient, Curiel said.

Kice, the INS spokeswoman, said that attorneys can appeal the judge’s decision in Garcia’s case but that no decision has been made on what course of action to follow.

“Meanwhile, (Garcia) is in legal limbo until a determination is made. The judge’s decision to terminate the case doesn’t confer any immigration status on the individual,” she said.

But it was good news for supporters of the drywall workers.

“It’s great news. We were all happy,” said Ann Kamsvaag, an attorney with the Coalition for Humane Immigrant Rights of Los Angeles, which is part of a panel of lawyers representing 25 drywall workers fighting deportation.

“The INS is not known for being one of the most efficient government agencies, and the INS not having their paperwork ready or having their agents ready is more the norm,” Kamsvaag said.

However, she said, she believes that future deportation hearings may be more difficult.

“I’m sure INS attorneys will try harder. I’m sure the word will get out,” Kamsvaag said.

Times staff writer Kevin Johnson contributed to this report.