Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
Los Angeles Times - July 22, 2003
Jennifer Mena, Times Staff Writer
On Monday, with a one-day visa, Hermenegildo Ortega returned to Orange County to take his case to a Juvenile Court judge. He asked that he be allowed to continue his role as surrogate father and to pay a surprise visit to the 11-year-old boy, who lost his mother to AIDS seven years ago.
By day's end, Ortega, 36, was emotionally exhausted but hopeful that he will be reunited with the boy, who calls him Papa, as well as the 8-year-old daughter he had with the mother. Ortega had cared for both youngsters until June, when he was deported and the children were sent to Orangewood Children's Home, a group foster home.
Judge Gary G. Bischoff on Monday recommended to immigration officials that Ortega be allowed to remain in the U.S., to care for the boy and his daughter.
Ortega's fate will now be decided by the federal officials, who this month rejected his requests to legally stay in the U.S.
Mexican Consul Luis Miguel Ortiz Haro said he will use the judge's recommendation to help Ortega get humanitarian parole, a designation that would allow him to live in the United States so the boy can receive life-sustaining treatment for HIV. The decision rests with the Bureau of Customs and Border Protection, within the U.S. Department of Homeland Security. A spokesman could not be reached for comment Monday.
"It seems to me that American law could not be made to bar a boy from the only human relation he has, just because his father is illegal," said Ortiz Haro. "This is not any old immigration case. This is something very special."
The boy's mother, Carolina Barajas, didn't know she had AIDS until she became ill, having already given birth to the son and daughter in California. The diagnosis of the son followed.
After she died, Ortega, Barajas' common-law husband, became the boy's legal guardian and lived in the U.S. illegally for more than a decade. Ortega said he was deported in 2002 but reentered illegally again, working as a gardener and security guard, before his second deportation in June after the immigration raids in San Juan Capistrano. The sweep triggered protests by many Latinos and highlighted the issue of illegal immigrants living in south Orange County.
During his years as the boy's legal guardian, Ortega said he prayed that he could stay in the United States and help care for the boy. The other option: Return with the youngster to Mexico, where medicines and treatment for HIV are limited. For that reason, the deportation "really came down on me hard. I told the agents to let me go, that my boy was sick, but they wouldn't. They didn't care."
After his appearance Monday before the judge, Ortega surprised the boy and the daughter, visiting them at Orangewood, where the two were taking classes.
He first saw the girl, with her mop of ink-black hair tied in a ponytail.
"Daddy, I love you really much, please don't go again," the 8-year-old said.
The older child spent much of the time sulking, his head between his hands and choking back tears during a restaurant lunch before returning to Orangewood. "Please stay, please," he whispered to Ortega as they walked hand in hand to the car. Ortega struggled not to cry as he listened to the children's pleas.
"I'm so happy to see them, but it's a bittersweet moment," Ortega said. "In a few hours, I'll be gone again."
The Juvenile Court will decide Aug. 6 whether Ortega can retain legal custody.
Of Monday's recommendation by the judge, he said, "I think it is the best I can expect. I just hope it means that, in the end, I will be able to be with my children and help get [the boy] everything he needs."
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