Good, then throw the deadbeat out. Then he won't be violating any federal or state laws.
He's convicted of cocaine posession and endangering a child. He belongs in prison. The technical aspects of this case turn on whether he should receive probation, and the judge rightly notes that there's a gap in the laws in Martinez's case.
I think the probable result will be that he'll serve his time (whatever it ends up being), and then have him deported. That would be the most sensible result.