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Parole granted for Marco Hernandez Garcia with ICE transfer condition
Summary
The Committee on Parole granted parole May 21 for Marco Hernandez Garcia, DOC 772894, conditioned on acceptance by ICE and transfer for deportation. The board recorded facility staff support and law-enforcement opposition citing intent to distribute.
The Committee on Parole granted parole May 21 for Marco Hernandez Garcia, DOC 772894, a first-felony offender convicted Sept. 28, 2022, of possession with intent to distribute a controlled substance and sentenced to 12 years with hard labor in Iberville Parish.
Garcia, who described being coerced into smuggling while fleeing violence in Mexico and said he was shot and medically treated abroad, told the panel he believed the loads he transported were marijuana. "I never was aware that it was cocaine," he said through an interpreter.
Correctional staff at Catahoula reported no behavioral problems since Garcia's arrival and described him as reserved and compliant. "He stays out of trouble, reserved, laid back. He doesn't bother nobody," Lieutenant Townsend said.
The committee noted opposition from the sheriff and the state attorney general, which characterized the offense as involving intent to distribute. The district attorney had not yet responded. The board also discussed an ICE detainer on Garcia; board members made clear that a parole grant would result in transfer to federal immigration authorities if ICE accepted the detainer.
Committee member Prater, who led the questioning, moved to grant parole conditioned on ICE acceptance and removal from the United States. Prater explained his rationale on the record: "This is a nonviolent crime and that he has served a substantial amount, and it's time to put this behind us and get him out of The United States." The other panel members concurred, and the board recorded a grant of parole to the ICE detainer with the conditions Prater stated.
Board staff confirmed to Garcia that parole under these conditions likely would lead to immediate transfer to ICE and possible deportation; Garcia affirmed he wished to proceed despite that possibility. The panel concluded the hearing at Catahoula with the approved conditional parole.
