Dog slaughterer saved from deportation, develops ‘asophobia’

At a party, a guest asked us about the well-publicized case of two Filipinos who slaughtered a dog and whom we saved from deportation. I replied: “I only saved one, I do not know about the other. He might have hired a white lawyer. Colonial mentality?” Laughter.

Killing for food animals like cows, pigs, and chickens, is not a crime in most states. Hawaii is probably the only state where it is a criminal offense to kill a “pet animal” (e.g. dog) calling it “cruelty to animals.” Many believe this law targets Filipinos who have a reputation for eating dogs. Filipinos constitute the largest non-white race in Hawaii—about 275,000 souls or one-fifth of the population. People wonder how the Filipino legislators voted?

Two Laoagueños working at a golf course in Hawaii saw the owner of a nice looking dog tie it to a tree. When the owner left to play, they took the dog home where they started to slaughter it. Their supervisor called them back to the golf course. Police confronted them. Instead of remaining silent, they became nervous and loquacious. One said that he thought the owner had told them “to take the dog”. The owner reportedly fumed: “I told you to take care of the dog, not take the dog.”

They were charged with theft and cruelty to animals. One of them, ND, pleaded guilty to cruelty to animals. The State agreed not to prosecute the theft charge. The criminal court judge (CCJ) sentenced him to probation for five years with a special condition to “serve a term of imprisonment of one (1) year.”

The Department of Homeland Security (DHS) issued a Notice to Appear against ND, alleging he was deportable for having been convicted of an aggravated felony, namely, a crime of violence for which the term of imprisonment ordered is at least one year. DHS arrested ND and detained him.

ND asked us to represent him. I asked my son, Noel, to be my co-counsel because the removal proceedings involved a criminal matter of which he is an expert. We moved to dismiss the proceedings because ND was not sentenced to a term of imprisonment of one year, but that the imprisonment was merely a condition of probation. Noel explained to the Immigration Judge (IJ) the difference between a sentence and a condition of probation. The IJ observed that the CCJ’s order “was as clear as mud.”

“Why don’t you subpoena the judge so he can explain his order, you have power to issue a subpoena,” I suggested. “I have the power but I won’t subpoena him. You clarify it with the Judge,” the IJ replied.

Noel sought the reduction of the jail term to 364 days which would be one day less than one year, thereby making the offense not an aggravated felony.

The IJ terminated the removal proceedings. I thanked the IJ and told him that ND promised he will never go near a dog. He had developed asophobia (I made this up to mean “fear of dogs” in Ilocano).  ND did not even eat the dog, unlike President Obama who admitted in his book “Dreams From My Father” that he ate a dog in Indonesia. Didn’t somebody say that a man took on the powers of the animal he ate? Grrr.

COMMENT: What a difference a day makes. In certain provisions of the immigration law, there is a significant difference between one year (365 days) and less than one year (364 days). One year imprisonment could result in deportation; 364 days will not. Most criminal defense attorneys do not know immigration law. If the alien’s criminal defense attorney knew immigration law, he could have pleaded to reduce the alien’s incarceration to 364 days rather than one year. The alien would not have been placed in proceedings.

(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. New Office: 900 Fort Street, Suite 1110, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Websites:  www.MilitaryandCriminalLaw.com, http://www.Hawaiimigrationattorney.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1^st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the Tipon Law Reports, the most witty, interesting, and useful radio program in Hawaii on KNDI at 1270 AM dial every Thursday at 7:30 a.m. This article is a general overview of the subject matter discussed and is not intended as legal advice. No attorney-client relationship is established between the writer and readers relying upon and/or acting pursuant to the contents of this article.)