INS Judge Rules Honors Student Can Stay in U.S.

SAN DIEGO —  A 20-year-old illegal immigrant from Mexico who became a high school honors student here and now attends the University of Chicago was granted permission Thursday by an immigration judge to remain in this country.

Rafael Ibarra, who is studying biochemistry and hopes to become a doctor, can remain in this country for five years and then apply for citizenship under a ruling by Immigration and Naturalization Service Judge Kenneth Bagley.

Bagley said Ibarra easily met the legal criteria to remain: That he has been in the United States for seven years, is of high moral character and would suffer hardship if deported.

Ibarra’s application to remain in the United States had been supported by numerous community leaders and teachers. The INS will not appeal the ruling. “We’re as human as the next person,” INS spokesman Rudy Murillo said.

Ibarra was an A-plus student at Point Loma High, a star on the track and wrestling teams, and valedictorian of the 1993 graduating class. He did volunteer work and tutoring with social service groups in the Barrio Logan neighborhood of San Diego.

When he won a full four-year scholarship to the University of Chicago, he voluntarily contacted the INS, lest his undocumented status be discovered later and deprive him of an education.

After Thursday’s ruling, Ibarra said he was near tears with happiness. The ruling also means he can have a part-time job and send money to his mother, who is disabled. He leaves Friday for Chicago for his sophomore year.

“I definitely felt like I had my hands tied behind my back because of this barrier,” Ibarra said. “Now I feel free.”

The hearing was not free of the rancor that is part of the political debate in California over illegal immigration. Alfred Strohlein, a San Diego resident, tried to speak to the judge but was not allowed to because he was not involved in the case. He fumed later to the press. Describing himself as an angry taxpayer regarding illegal immigration, he said Ibarra deserves no leniency because he broke U.S. law by entering the country.

The judge disagreed. “He has not taken more from the system than he has put back,” he said.

Thirteen years ago, Ibarra, his mother, brother and sister crossed into this country illegally in the hills near San Ysidro. His father, whom he has never met, remained in the state of Michoacan.

Times special correspondent Paul Levikow contributed to this story.