Undocumented woman with breast cancer asks to be released from jail
Fighting breast cancer has been difficult for Ruth Alvarez and her family. But now, she is battling the disease from inside a jail cell and without…
Fighting breast cancer has been difficult for Ruth Alvarez and her family. But now, she is battling the disease from inside a jail cell and without her loved ones by her side.
Alvarez, an undocumented woman from Mexico, has been detained in the Estrella Jail in Phoenix ever since Department of Public Safety officers came to her home on April 1 and arrested her on felony charges for allegedly working with false documents. She is scheduled for a mastectomy on April 23 and is asking to be released so she can have her family next to her when she undergoes the surgery.
I dont feel like Im in a safe place where I can really fight for my health and my freedom, she told Univisions Phoenix affiliate.
Alvarezs attorney, Jose Peñalosa, told VOXXI that Phoenix Police officers first arrested the mother of two in September 2013 for allegedly working with false documents. She was turned over to Immigration and Customs Enforcement and was released when her case was scratched, meaning the prosecution at that time did not have enough evidence to hold her over to establish probable cause to bring criminal charges against her.
Now, Alvarez is facing the same charges from Maricopa County Attorney Bill Montgomery.
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Peñalosa is asking Montgomery to release Alvarez for humanitarian reasons given she is battling Stage 3 breast cancer. He also noted that under Arizona law, a prosecutor has seven years after the alleged crime was committed to prosecute a person.
Ive told him, Look, you got seven years to prosecute her. Whats the rush? Peñalosa said, referring to Montgomery. Ive asked him to let her go. Let her get better, and then come back to the case in a year or two. But he wont budge.