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Visa status unclear for driver who struck, killed deputy
Houston Chronicle ^ | 2-23-08 | JENNIFER LEAHY, KEVIN MORAN and JAMES PINKERTON

Posted on 02/23/2008 12:39:37 PM PST by Snickering Hound

U.S. Immigration officials could not determine Friday whether the driver of the truck that killed a Harris County Sheriff's deputy had a valid visa that would have allowed the Mexican national to live or work in the country.

Jose Jesus Vieyra, 56, is charged with criminally negligent homicide in a collision that killed Deputy Craig Miller Thursday night on a Katy Freeway access road.

Although ICE officials originally identified Vieyra as an illegal immigrant, the agency said late Friday that it could not confirm if his visa — issued at a border checkpoint — is still valid.

It is also unclear when or exactly where it was issued. Vieyra's case illustrates the federal government's difficulty tracking foreign visitors.

Vieyra is being held in the Harris County Jail in lieu of $35,000 bail, said Capt. John Martin, spokesman for the Sheriff's Department.

Miller, a 20-year veteran with the department, was working undercover when the fatal crash occurred about 7:20 p.m. Thursday, Martin said.

Family, friends and fellow officers mourned Miller's sudden death and remembered him Friday as a funny man and devoted father. Miller, 43, is survived by a wife, Michelle, and two young children.

"If he wasn't a police officer, he would have been a great comedian on Saturday Night Live," said Brenham resident Ross Martella, a friend of Miller's since they attended Stratford High School in the early 1980s. "He was a nice person."

Martella, who works in the oilfield services business, said Miller worked his way up through the ranks, starting as a jailer.

"And if someone called the law on you, you'd have been lucky if Craig was the officer involved," he said. "He was fair and he had common sense and he would listen to both sides."

Authorities said Miller was traveling east on the access road along Interstate 10 West near Mason Road when Vieyra pulled out of a driveway at the Don McGill Toyota dealership.

Vieyra drove across three lanes into the path of the sport utility vehicle Miller was driving, Martin said. The SUV ran into the truck, became airborne and landed on a raised concrete embankment separating the feeder road from the freeway, Martin said.

Firefighters had to cut through the wreckage to get the deputy out. He died before authorities could rush him to the hospital.

"The basis of the charge is that (Vieyra) failed to yield the right-of-way," Martin said.

He said there was no indication that Vieyra was drunk or under the influence of drugs.

Vieyra had a valid driver's license at the time of the crash, Martin said.

It's unclear, however, who owns the truck he was driving Thursday night.

Employees at the McGill Toyota dealership said Vieyra did not work for the company. Dozens of vendors drop off and pick up merchandise and supplies daily at the dealership, the workers said.

As the investigation continues, officials are working to determine Vieyra's immigration status.

Late Friday, ICE officials said they learned that Vieyra, a Mexican citizen, had entered the country on a visitor's visa.

"Initially I was told he was an 'entry without inspection,' but in the last 15 minutes I've been told he does have a visa with multiple entries," John Gaudioso, deputy special agent in charge of the Houston ICE office, said Friday afternoon. "But we have not seen his passport, or the visa. So it's still under inquiry."

Gaudioso added that an immigration detainer has been filed against Vieyra allowing for his possible deportation.

"Depending on what happens with the county's investigation and prosecution, he could be subject to removal if he is convicted of a crime, and if the crime is considered an aggravated felony," Gaudioso said.

Deputy David Crain, spokesman for the Sheriff's Department, said Vieyra's Texas driver's license expires on his birthday in 2014. Crain said the license does not have any restrictions, and there were no traffic violations on his record. Vieyra apparently has no criminal record in Harris County.

There was no response at the home where the Sheriff's Department said Vieyra resides in northwest Harris County.

In Austin, Texas Department of Public Safety spokeswoman Tela Mange said a foreign citizen in the state legally can obtain a driver's license.

The DPS Web site listed more than 25 immigration documents that could be used to obtain a driver's license, including a B1 or B2 visitor's visa, also known as a border crossing card.

To obtain a border crossing card, applicants must submit biometric information including fingerprints and photos, and pass a State Department background check followed by a personal interview.

Late Friday a Harris County Sheriff's deputy sat in a parked squad car outside the Miller home on a quiet cul de sac of brick homes in Katy. He said the family did not want to speak to the media.

Miller, who joined the department in August 1987, was assigned to the Investigative Support Unit in April 2006, Martin said.

"I can't even imagine what the family must be going through," Martin said. "Our thoughts and prayers are with them."

It was the Sheriff's Department's first death in the line of duty since 2002.

Visitation for Miller will be from 4-9 p.m. Sunday, at Memorial Oaks Funeral Home, 13001 Katy Freeway.

The funeral is scheduled for 2 p.m. Monday at Second Baptist Church's West Campus, 19449 Katy Freeway.

The 100 Club is accepting donations to its "Survivor's Fund" on behalf of the deputy's family. The Houston-based organization's fund supports the relatives of officers and firefighters killed in the line of duty.

Contributions can be made through the organization's Web site at www.the100club.org, or mailed to 100 Club Survivor's Fund, 1233 West Loop South Suite 1250, Houston, TX 77027-9107.

Chronicle reporters Lindsay Wise, Dale Lezon and Susan Carroll contributed to this report.


TOPICS: Crime/Corruption; Government; Mexico; US: California; US: Texas
KEYWORDS: 100club; aliens; crimaliens; illegal; illegals; immigrantlist; immigration; leo; officerdown; police; policeofficerkilled

1 posted on 02/23/2008 12:39:39 PM PST by Snickering Hound
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To: Snickering Hound

Do a search of my posts regarding fake Mexicans.


2 posted on 02/23/2008 12:44:24 PM PST by quickquiver
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To: Snickering Hound
Vieyra's case illustrates the federal government's difficulty tracking foreign visitors.

Federal government's failure is absolutely correct. The most serious aspect of this failure is that it is intentional. The government, cheered on by the president and his homeland security chief, have made it a practice to allow unchallenged border crossings by everyone from the poor seeking work to drug dealers plying their trade. We may never know how many terrorists have already crossed our borders and how many are in transit.

3 posted on 02/23/2008 12:48:08 PM PST by FreePaul
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Comment #4 Removed by Moderator

To: Snickering Hound

Once again it is open season for American citizens,
once again the American public is deaf dumb and blind
once again our skunk politicians will smoothe this over
once again the media will hide this from us
once again we will go about our lives in a coma not knowing whether you or someone in your family will be the next victim
and once again you will continue to sleep until it’s voting time, vote for your favorite American Idol and go back to sleep.
GOOD JOB AMERICA, YOU SHOULD BE PROUD OF YOURSELF!


5 posted on 02/23/2008 1:04:18 PM PST by ronnie raygun (Id rather be hunting with dick than driving with ted)
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To: Snickering Hound

Why are we issuing Visa’s at border checkpoints?


6 posted on 02/23/2008 1:07:48 PM PST by pissant (THE Conservative party: www.falconparty.com)
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To: ronnie raygun

Why would you compare American Idol to this?


7 posted on 02/23/2008 1:21:45 PM PST by papasmurf (I'm not worried anymore. I read Obama's "Blueprint for Change".)
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To: Snickering Hound

"The DPS Web site listed more than 25 immigration documents that could be used to obtain a driver's license, including a B1 or B2 visitor's visa, also known as a border crossing card."

8 posted on 02/23/2008 1:24:59 PM PST by VR-21
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To: Snickering Hound

He was driving a truck? Maybe he’s just one of those Mexican truck drivers that Bush insisted could cross the border any time they want, because congress (perhaps deliberately) used one wrong word in a bill trying to stop it).


9 posted on 02/23/2008 1:35:49 PM PST by Cicero (Marcus Tullius)
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To: Snickering Hound

Jose Jesus Vieyra

Vieyra is shown to have entered the country numerous times illegally carrying his cargo. ICE currently is obtaining an immigration detainer to be filed against Vieyra which would allow for possible deportation.

The driver of the truck, Jose Jesus Vieyra, 56, was charged today with criminally negligent homicide. Federal authorities also placed an immigration hold on him, saying he is an illegal immigrant from Mexico

10 posted on 02/23/2008 1:39:53 PM PST by kcvl
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To: pissant

Visas, for those coming from the South, can be issued on a temporary basis, where a demonstrated and valid need exists. Those are mainly the B1’s and B2’s they mentioned. Paperwork required to obtain a visa, for non-American applicants, can also be accepted for processing at some border crossings.

Since business is routinely conducted across the borders, there is a valid reason for temporary visas to exist.

Being that this guy has an unrestricted DL, and his ID did check out, it would seem that he has a legal right to be here.

New DHS rules require that all non Citizens only be issued a one year, restricted DL, until DHS has checked them out and approved them.

( ( None of what I say should be construed to mean that imposters and forgeries don’t exist. :) ) )

FWIW, my wife is a “Permanent Resident Alien”, originally from Germany. She has been one for 22 years, and has resided here for 26 years. When she went to renew her license, she was only allowed a one year license. Now, it comes back, she must do one of three things to get a regular DL again.

1. Turn her, non expiring Permanent Resident, card in for a new DHS biometric, expiring card. Or...
2. Apply for citizenship. Or...
3. Obtain dual citizenship status.

So, we are BOTH applying for dual citizenship. This will screw the gov. out of some tax money. Here’s why...The first 70k of any money we make from overseas sources is exempt from U.S. taxes. Whereas, we now report, file, and pay taxes on all of our income as though it was U.S. sourced.


11 posted on 02/23/2008 1:44:49 PM PST by papasmurf (I'm not worried anymore. I read Obama's "Blueprint for Change".)
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To: FreePaul

“We may never know how many terrorists have already crossed our borders and how many are in transit.”

Oh, we’ll know within a year or two, when their ‘jihad-crap’ begins in earnest, here. Schools, hospitals, nursing homes, day care centers, colleges/universities, shopping malls etc will be under attack like few can ever imagine.

I sure hope the folks on this forum are ready for it.


12 posted on 02/23/2008 3:32:32 PM PST by do not press 2 for spanish
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To: Snickering Hound
First, my prayers for Dep. Miller & his family.

In Austin, Texas Department of Public Safety spokeswoman Tela Mange said a foreign citizen in the state legally can obtain a driver's license.

Interesting, I wonder HOW the state of TX plans on collecting the added "Surcharge Fee's" against any foreign citizen with a TX DL ??

I happen to be in a big mess (plus almost 1K fine) over these added "Surcharge Fee's"......& this is for simple paperwork mistake.

I would also like to know how Austin collects these "fee's" from the illegals, many who carry multiple phony I.D's

13 posted on 02/23/2008 4:31:05 PM PST by txdoda (Voters to Gov't .......Re: post 9-11 Border Security....... ""The results are Unacceptable."")
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To: Snickering Hound
PhotobucketPhotobucket

He's just a stupid Texan..... who cares, it wasn't like he was an important person...... like our family or ourselves.

He was just killing the Texas police officers that Americans aren't willing to kill.

14 posted on 02/24/2008 5:49:01 AM PST by Dick Vomer (liberals suck....... but it depends on what your definition of the word "suck" is.,)
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To: kcvl

Vieyra is shown to have entered the country numerous times illegally carrying his cargo.

Thats not possible!, how can someone cross the border driving a box truck without being inspected?

That shows how the press is just exaggerating on this note!!

Also that shows if he did cross the border several times, that his status is legal!

Just because a cop is involved everyone knows about this, otherwise, everyday someone gets “killed” by someone, and those are just cold cases!, because a cop is not involved?
What about the guy that killed tha motorcycle cop while talking in his cell phone?
He walked out!!!
Why? because he is not a mexican!!!


15 posted on 02/24/2008 12:14:02 PM PST by vsasunny
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To: vsasunny

You joined today to scream about something you know nothing about?!


16 posted on 02/24/2008 5:29:04 PM PST by kcvl
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