PHILADELPHIA (AP) October 18, 2005 -- A restaurant worker facing deportation after a legal mix-up was in court today in Philadelphia, but it will be months or more before he knows if he can stay in the United States with his wife and son.
U-S immigration officials want to deport Omar Lezama de la Rosa because of a 1999 assault conviction. The case was overlooked at the time, but it caught the eye of the immigration agency after de la Rosa was falsely arrested in a rape case.
After a brief hearing this morning, lawyer William Stock said he will argue that de la Rosa has a valid hardship case.
Stock says de la Rosa has been a legal resident for the required seven years - since he wed a Philadelphia-area woman - and would return to a struggling Mexican village with little opportunity.
The next hearing in the case is set for March.
The assault case involves a scuffle with a police officer who suggested leniency at de la Rosa's sentencing.
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