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(1) Try to think of the most "innocuous" way you can commit a crime and get 9 months for it. It's pretty safe that whatever he served 9 months for, was NOT for innocuous conduct.
(2) Don't really dig the conspiracy theory you're pitching. It's a fairly straightforward application here. a) you're an immigrant b) there is a mandatory deportation law if you're an immigrant and you commit a crime c) you commit a crime d) you're deported. How is that so hard to understand? Look, I disagree with the law, and I question their application here (waiting 10 years), but the law is the law is the law.
(3) Correct. Judges vary in every jurisdiction, whether they preside over civil, criminal, or immigration etc. However, nearly all judges are conservative by nature, and will adhere to what legislature passes and mandates.
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(1) See Genarlow Wilson. Serving 10 years w/out parole for receiving consensual fellatio from a 15 year old. He was 17 at the time. I'm not saying that's what happened here; just saying there's a range-- and it's wider than most people think.
(2) I'm not pitching a conspiracy theory. DHS selectively enforces this statute. Their decisons as to when to enforce this statute are not random.
(3) Immigration judges have perhaps the greatest degree of discretion in the federal judiciary-- particulary in matters of deportation. Application of this law and its statutory relatives is remarkably uneven.
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(4) In the Immigration and Customs Executive, also known as ICE in the article, politics is always more important than good policy. The current Homeland Security leadership will always sacrifice good sense, public safety and human life if it will serve the administration's narrow ideologial purposes. Witness their
recent hijinks around El Paso and Juarez, where they did nothing while innocent bodies piled up because they thought it would hurt their chances of busting a drug kingpin. This is a very relevant story, because it concerns leadership and priorities at the very same ICE agency that decided to deport Sheiky.