Fernanado Carrillo: Convicted drunk driver who broke back into U.S. after being deported. (Screenshot)

A convicted drunk driver who broke back into the U.S. after being deported can stay, and was released from jail Monday, thanks to a California judge’s ruling.

In addition to drunk driving, U.S. Immigration and Customs Enforecment (ICE) officials report that Carrillo has also been convicted of possession of false identification.

The judge ruled that 33 year-old Fernando Carrillo is free to live in the U.S. because he fears he might be persecuted if he returns to Mexico, his home country.

As the San Francisco Chronicle reports, Immigration and Customs (ICE) officers arrested the illegal alien last October:

"A Mexican father arrested by immigration officials after dropping off his daughter at day care in California was released from a detention center on Monday and will be allowed to remain in the U.S. after a judge ruled he could face persecution with a return to Mexico." …. "He was arrested by Immigration and Customs Enforcement officers in October after he was convicted of a drunken-driving offense. Officials have said he was previously deported from the U.S." .... "Last week, a U.S. immigration judge withdrew the order to remove Carrillo from the country after Carrillo proved that he would be persecuted if he returned to Mexico, said his attorney, Hedi Framm-Anton."

While Carrillo’s lawyer would not specify why the illegal alien is afraid to go home, the judge was convinced he Carrillo has more than a 50-50 chance of being persecuted, The Mercury News reports: