A man who pulled a knife on his wife on their first anniversary has been ordered not only to serve 30 days in jail but leave the country.
Jose L. Diaz, 36, has been ordered to be held by Immigration Customs Enforcement (ICE) for possible deportation out of the United States. The order comes after he entered a guilty plea to the charge of domestic assault for an incident that happened as he and his wife were celebrating their first anniversary. He has also been convicted of three counts of violation of probation which prompted immigration officials to express interest in his case.
Under immigration law, if a person is in the country illegally when they marry an American citizen, they can still be deported. The deportation process, if the person is married to an American citizen, is more complicated if they are here under a legal Visa or Green Card.
His issues with immigration come after he and his wife had been celebrating their first wedding anniversary. However, their honeymoon was over when they returned home and started arguing.
“I told him I wanted him to leave the house,” the woman told the judicial commissioner in swearing out the felony warrant, noting the domestic incident spilled into their backyard on North Hills Drive.
It was during the backyard argument Diaz pulled a knife and brandished it at her, threatening to cut his wife.
The woman ran inside, locked the door, and called police. When police arrived they found Diaz sitting outside in his car, drinking a beer. He denied threatening his wife so police searched his car. They found a knife fitting the description the woman had given them hidden in the passenger-side car pocket. He was arrested on the spot.
The fact Diaz entered a plea to a lesser misdemeanor may save him from deportation as ICE has told local authorities it has not decided if they will throw Diaz out of the country.