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SELF-DEFENSE SLAYER MAY FACE DEPORTATION
[url]http://www.nypost.com/commentary/76997.htm[/url]
May 29, 2003 -- A HARLEM grocery clerk-turned-vigilante could face an even greater opponent if he is convicted of gun charges, the U.S. government said.
José Acosta, 69, who has been a legal resident of the United States for about 25 years, may be deported if he is convicted of using an illegal gun to shoot one of three armed thugs who tried to rob the grocery store in which he worked Sunday night.
"Anyone convicted of a weapons-possession charge could be placed in a removal proceeding," said an INS official.
The rule applies to any gun-possession charge regardless of the circumstances, the official said, explaining that the decision to deport an offender is in the hands of an immigration court judge.
The news has infuriated supporters of the vigilante, who believe that he shouldn't have even spent 21/2 nights in jail for shooting suspected stickup man Luquarn Washington, 19.
"How about if we deport the three kids who broke into the store," said the Rev. Brian Jordan, an immigrant advocate at St. Francis of Assisi Church in Manhattan.
Manhattan DA staffers declined to discuss the issue, perhaps because they face the same dilemma encountered by their counterparts in Brooklyn and Queens who were legally bound to prosecute two vigilantes who used illegal guns to kill attackers.
The Acosta case, however, raises the stakes because a man considered a hero by local merchants who were being terrorized by a gang of thugs could be thrown out of the country.
"What? I didn't know that," said Acosta's shocked son, José Acosta Jr., of Scarsdale, whose wife gave birth to a boy Monday.
"That's a huge problem. I'm definitely going to fight" the immigration officials who may seek to deport his dad.
Flustered, the son said, "What bothers me is the whole concept: the reality that you penalize someone for defending themselves."
A lawyer told the Harlem vigilante not to talk to the media, but his son said: "He didn't even know that the guy was hurt until Monday."