Aug 3rd–Aug 9th, 2023 phoenixnewtimes.com phoenix new Times State Licensed Dispensaries & Doctor Cer tifications 36 book at him. In 2012, legendary anti-marijuana crusader Bill Montgomery — now an Arizona Supreme Court justice — was serving as Maricopa County Attorney. The impact of the harsh penalties his office doled out for marijuana cases during his tenure continue to be felt years later. Mejic faced a slate of felony charges relating to manufacturing marijuana, para- phernalia and weapons. Eventually, he negotiated a deal to plead guilty to one count of “attempt to commit production of marijuana,” a class 6 felony. After a year of probation, the charge was downgraded to a misdemeanor. Mejic completed the proba- tion with no issues. He thought it was over after that. But then ICE showed up at his door. The feds get involved The ICE agents arrived at Mejic’s home at 5 a.m. with AR15s and ballistic vests, he said. It was November 2013. They detained him and sent him to Eloy Detention Center, a private immigration detention facility about an hour’s drive south of Phoenix. Mejic spent months there, working in the kitchens and a prison print shop. He received a dollar for about 11 to 12 hours of labor each day, he recalled. “Prison for profit, that’s what I say,” he said. Eventually, a judge granted him bond, and he was released in July 2014. Mejic has been fighting his case ever since. The federal government decided to treat Mejic’s conviction as a drug traf- ficking crime, based on the facts in the Peoria police report. That confounds Mejic and his attorney. “I honestly don’t understand why [the Department of Homeland Security] is so adamant about the fact that Dennis is a drug trafficker,” Asser said. “Because based on the facts, he obviously is not.” This question is significant under U.S. immigration law. Drug trafficking crimes — those that involve “some sort of commer- cial dealing,” in the words of the courts — make a person ineligible for relief from deportation, even if, like Mejic, they have lived in the U.S. most of their lives. So far, two immigration judges have declared that Mejic’s crime makes him ineligible for relief. He faces deportation If his appeals are unsuccessful. DHS, which includes ICE, did not return New Times’ inquiries about Mejic’s case. Now, though, Mejic faces yet another vestige of the Maricopa County Attorney’s Office hardline on pot cases — Phoenix Immigration Court Judge Elizabeth Cottor, who is overseeing his case. Cottor was a prosecutor at the county attorney’s office from 2005 to 2019 before becoming a judge. At an Aug. 17 hearing, Cottor will have Mejic’s fate in her hands. Cottor has a daunting track record as an immigration judge, according to an anal- ysis of immigration court records by the Transactional Records Access Clearinghouse, a data research group at Syracuse University. Cottor has denied 90.1% of asylum claims since becoming a judge in 2019, far more than the national average of 63.8%. Of course, Mejic’s case isn’t an asylum claim. He’s arguing that his crime is not serious enough to preclude relief from depor- tation. “The offense did not involve violence, nor did the controlled substance have a commercial element to it,” wrote Asser in an April 5 court pleading. “At no point did Mr. Mejic pose any danger to his community.” The August hearing won’t be the end of Mejic’s case. He plans to appeal his case — up to the Ninth U.S. Circuit Court of Appeals if necessary. Asser is hopeful that he will prevail. “The statute under which he was convicted has not been litigated fully in the Ninth Circuit,” he explained. Eventually, he said, the court “is going to look at this case and go like — well, the facts just don’t support the charge.” ‘An ax hanging over your head’ For Mejic, it has been a difficult few years. He worries now about going anywhere other than home and work. “I don’t really go out anymore,” he said. He turns down invitations from friends to go out of town over fears that ICE “would come get me, take me back to hell.” Dennis Mejic’s brother, Dragan, said that the case has taken a toll on the family, too. Dennis is the sole caretaker for their elderly mother. “It’s scary when you’re 78, and you have one person that you can rely on, and that person’s facing being deported to a country that he hasn’t seen since he was 4 years old. That was half a century ago,” Dragan Mejic said. “It’s just surreal,” he added. “It’s like having an ax hanging over your head.” At home, Dennis Mejic leads a quiet life. He golfs in his backyard. When he spoke to New Times, a legal drama was on television in the living room. Mejic said he’s fasci- nated by the legal system and watches courtroom documentaries and shows. “I probably shouldn’t watch all these shows, because it gives me anxiety,” he said. Yet he can’t manage to stop himself. Mejic’s path forward will become more clear at the hearing later this month. But regardless, the case has irrevocably changed his life. For years, he has been “walking around with a bullseye on my back,” he said, all while he watched the cannabis industry boom in Arizona. Potted Plants from p 35 Gage Skidmore / Creative Commons Former Maricopa County Attorney Bill Montgomery’s tough approach to marijuana meant Dennis Mejic faced several felony charges.
