Dead child's family looks to new policy directive to drop case

ALBUQUERQUE (KRQE) - The family of a toddler left in a hot car by his aunt is looking to prosecutors and a new Obama immigration policy to keep the 19-year old woman out of jail and in the country.

Albuquerque police say one major slip of memory from Sandra Rodriguez-Miramontes and hot weather turned an ordinary day tragic when the toddler died.

Rodriguez-Miramontes, a mother of a 10-month-old herself, is facing a charge of child abuse resulting in death for leaving the 2-year-old in a car for eight hours.

According to a criminal complaint, by the time she realized she had left him in the car it was too late.

Despite what investigators say is her responsibility for her nephew's death, the toddler's family wants Rodriguez-Miramontes released from jail and the charges dropped.

She is currently being held at MDC on a $50,000 bond.

However, if Rodriguez-Miramontes' bond were posted she would still remain in jail because ICE has placed an immigration hold on her because she is an undocumented immigrant.

The President's new immigration policy directive allowing for deferred immigration action and a path to a work permit could apply in her case. That's because a family spokesperson says Rodriguez-Miramontes was brought to the United States as a young child, is a Rio Grande High School grad and doesn't have a substantial criminal record, the key factors for an undocumented immigrant to be eligible.

That is all doubtful if the current felony charge she is facing is not dropped by District Attorney Kari Brandenburg's office.

If the DA pursues the charge, Rodriguez-Miramontes' case has to be heard by a grand jury by no later than Tuesday. Brandenburg says her office is still reviewing the case.

Even if Rodriguez-Miramontes is indicted, the charges could be dropped later.

Brandenburg says a victim's family's wishes play a factor in any case, but those wishes are not the only factor.

"It always is a consideration but for us to say we don't consider the law we don't consider the circumstances we don't consider the issue of public safety would be I think very unfair and very inappropriate," Brandenburg said.

Even if all charges are dropped, the immigration hold would remain while ICE made a determination in Rodriguez-Miramontes' case. Also if the President's directive mostly applies, ICE could still deem her a threat to public safety and continue deportation proceedings against her.