Justice has ratified the arrest and expulsion of the Colombian motorcycle released after paying 700 pesos

A federal judge concurred with the request of the national government of arrest and expel from the country the motorcycle of Colombian nationality that had been released after paying 700 pesos for the damage caused, which earned the judge who made the decision the criticism of President Mauricio Macri and a complaint to investigate.

Informed judicial sources Infobae Pablo Cayssials, Federal Administrative Litigation Judge, ordered last Friday the "maintenance" of Jair Stevens Jurado Mora to be then expelled from the country. Retention is the term used by the Migration Act for order the detention of a person when his expulsion from the country is final.

The detention request was made by the National Immigration Office, which ordered the expulsion of Jury Mora. The federal police and the rest of the security forces have already been given the arrest warrant against It still has not materialized.

Jurado Mora, 24, was arrested on January 21st after being arrested Steal the cell phone to a young woman from the Almagro district. Two days later, the investigating judge Patricia Guichandut he granted a probation period – suspension of the criminal case in exchange for the satisfaction of a series of requirements – with the agreement of the defense and the public prosecutor. L & # 39; accused He did not receive a penalty but applied rules of conduct, notably by appearing in Migrations to regularize his situation. He also paid 700 pesos to the victim to repair the damage. And he was released.

The case has sparked many criticisms that have reached President Macri: "His case is outrageous, with a judge like that, there are no police who succeed"said the president. Also the national senator of the PJ Miguel Ángel Pichetto opposed Guichandut.

In front of the critics, Guichandut defended his performance. In a statement, he explained how the legal process was going. that he had done so within the framework of the law, that his resolution had obtained the support of the Office of the Prosecutor and that neither the national registry of the recidivism nor the federal police had informed him of his antecedents. About 700 pesos stated that the standard provides that compensation for damage must be "to the extent of the possibilities" of the accused.

"I must say that judges are not legislators, but operators of the system and that we have the tools provided by the legal system from which we can not separate under penalty of violating the rights and guarantees of the constitutional order "said the judge, who also got the support of the Association of Magistrates who rejected critics for his actions in a court case.

In the case at hand, Migrations acted and as a jury, Mora did not seem to regularize his situation – the time allowed – ordered his expulsion from the country that had been recorded in the provision 18224/2019 . The reason for the expulsion was not the theft of the cell phone – the case having been clbadified as a probation leaving no criminal record – but the criminal record that he had in Colombia. In his country, he was sentenced to four and a half years imprisonment for illegal possession of weapons, four years of robbery and six years of domestic violence.

To drive the eviction, Migrations has started the judicial process. Judge Cayssials ordered last Friday – the same day Migraciones initiated the proceedings – to uphold the agency's decision and arrest the accused. "Mindful that the above-mentioned provision, which orders the deportation order of the defendant, is firm, corresponds to the request of the National Directorate of Migration ", the magistrate maintained in the resolution to which it means agreed.

Thus, the magistrate ordered the maintenance of Mora Jurado "to the one and only effect of materializing the expulsion of the national territory".