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Kitzhaber's pardon opens way for Carillo reunion Ex-Jacksonville worker was deported for sex abuse conviction By PETER WONG A pardon Monday from Gov. John Kitzhaber clears the way for Hector Carillo Landeros, a former Jacksonville city worker, to return to the United States after being deported for a 1991 sex abuse conviction. A permanent resident who has lived in the United States since age 11, Carillo was deported to Mexico in September. When he applied for full U.S. citizenship in 1996, the Immigration and Naturalization Service began proceedings to deport him -- based on his 1991 conviction -- under a retroactive provision of a 1996 federal law. While he was in INS custody for six months in Arizona, his wife gave birth to their first child, a son. "I know it is a tough call, but the governor did the right thing," said Antonio Porras, a Portland lawyer who represents Carillo. "What we are talking about is a retroactive federal law that came into being in 1996 that was meant to achieve certain ends -- but those ends were not there in 1991 when he was sentenced." The law specifically provides that a governor's pardon prevents a deportation, so Kitzhaber's action will enable Carillo to be reunited with his family after further INS proceedings. Kitzhaber's unconditional pardon was his first in five years as governor. His legal counsel, Henry "Chip" Lazenby, said the facts of the case support his action. "You have a person who played by the rules after he made a mistake," Lazenby said. "It was only when he applied for citizenship that the rules changed, and suddenly, he was now deportable because of the conviction that occurred before. "I think it was the retroactive application of federal law that struck the governor as being particularly unfair." Carillo was convicted in 1991 of first-degree sexual abuse after he was intoxicated and inappropriately touched the 10-year-old daughter of a friend. He received a three-year probation that required him to complete treatment for sex offenders and alcohol abuse. Since 1994 he has worked for the city of Jacksonville, Porras said, most recently as a certified wastewater technician, until his deportation. "There is every indication here this is a person who has done everything that we want someone who has make a mistake to do," Lazenby said. To allay concerns raised by the Jackson County district attorney, Lazenby said, Carillo has given assurances that he will continue to comply with requirements of Oregon's law for registration of sex offenders. Lazenby said the other factor that persuaded Kitzhaber to pardon Carillo was the support of Jacksonville city officials, including a personal appearance on his behalf by Mayor Jim Lewis, and local and state Hispanic organizations. Lewis could not be reached for comment Monday night. "It is quite a victory for our Hispanic community," said Manuela Marney, former president of the Rogue Valley Hispanic Chamber of Commerce, who wrote letters to Kitzhaber and others urging the pardon. "We put our hearts in the belief that if the system can work for others, it is going to work for us. So I am overwhelmed with emotion." Family members could not be reached for comment Monday night. Lazenby said the INS deported Carillo even though Kitzhaber sent a letter to the agency saying that he was seriously considering clemency. Porras, who applied for the pardon for his client in April, said the agency dismissed the possibility as "too speculative." Porras said he took Carillo's case at the request of Carillo's family while his practice was still in Klamath Falls. He has since moved back to Portland. "I continued to pursue a pardon for him from the governor's office," said Porras, a specialist in immigration law. "It was a once-in-a-lifetime chance to help someone who deserved to be helped. "These cases are not common, but they are increasingly frustrating situations. More and more of these cases are coming to light as a result of this law." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA