ANAHEIM – A mother who was paroled after serving 23 years in prison for a deadly arson blaze never had legal status in the U.S. and was repatriated in her native Mexico just before 5 p.m. Thursday, immigration officials said.

Rosie Sanchez was set to start a new life Thursday, moving in with her daughter in Anaheim and getting ready for her 50th birthday Friday as a free woman.

Instead, Sanchez was sent back to Mexico after U.S. Immigration and Customs Enforcement officials declared she had never been in the country legally.

“She was repatriated at the San Ysidro border crossing without incident after speaking at length with a representative at the Mexican Consulate,” ICE spokeswoman Virginia Kice said.

Sanchez’s relatives and attorneys had believed that she had been a legal resident when she was convicted of setting on fire a competitor’s clothing business in downtown Los Angeles in 1985, killing a man who was sleeping in the store.

Sanchez was sentenced to 25 years to life for first-degree murder and arson.

The planned Anaheim homecoming for Sanchez, a mother of four, appeared to be on track last week when Gov. Arnold Schwarzenegger, in a rare move, did not block a first-time recommendation by the Parole Board that she be released.

Immigration officials took Sanchez into custody Thursday because her murder conviction rendered her deportable, even if she had been in the country as a legal permanent resident.

After discovering that Sanchez never had legal status, ICE officials promptly deported her. No hearing is required for such a procedure.

“As an illegal alien who has been convicted of a serious felony, she was subject to administrative removal,” Kice said.

Her children, including Rosie Sanchez, 27, who shares her mother name, were upset at the turn of events.

“Oh my God,” said Sanchez, who believed her mother had the documents to prove her legal status.

Son Gus Sanchez, 31, said he is heading to Mexico to try to find his mother and help get her settled, probably in Mexicali. Her sister lives about an hour away across the border in Calexico.

“I just want to see my mom and spend some time with her,” said Gustavo Sanchez, a retail manager who lives in Riverside.

Earlier, the younger Rosie Sanchez said she saw no reason why her mother should not be allowed to stay in the country.

“It’s not like she’s going to be a burden to the state,” she said. “I think this is so unfair. We’ve all waited so long for this.”

The elder Sanchez’s four children were raised by relatives, a grandmother and, for a time, were in foster care. They all graduated from high school or college, and have families and jobs.

Sanchez always has maintained her innocence, blaming shoddy legal representation and claiming she was at home at the time of the fire. For example, she maintains she has five witnesses to back her alibi, but that her attorney only called one to testify.

The prosecution primarily relied on an 18-year-old witness, Adan Ramos, who said he saw Sanchez and another woman while he was trapped in the burning building. Ramos’ father, Epiphanio, was sleeping in the store and died in the fire.

Few inmates maintain their innocence throughout their incarceration and for those who do, it’s very unusual for them to be granted parole, said Heidi Rummel, professor of law and co-director of the USC Law Post-Conviction Justice Project.

Sanchez could have said she committed the crime to get a shot at parole earlier, but she refused to bend on her contention that she was innocent, her family and legal representatives said.

“The Parole Board values and puts a lot of weight on an inmate’s ability to describe insight into a crime, and admitting to a crime is one thing the board looks at,” Rummel said.

Sanchez maintained a stellar prison record at California Institution for Women in Corona. A legal team from the University of Southern California Law School was able to successfully argue for her release before the Parole Board.

Thursday, her children, who range in age from 26 to 31, joined a legal team at USC to announce that they would be asking Schwarzenegger to pardon the crime.

Despite Sanchez being sent back to Mexico, they will continue to seek the pardon.

Before ICE agents took Sanchez into custody Thursday morning, her children were able to get a glimpse of her being moved into a vehicle at the prison.

“She looked beautiful,” her daughter, Rosie Sanchez, said. “We waved to her and blew kisses.”

Sanchez has a sister living in Mexicali but wanted to stay near her four children and several grandchildren who live in Anaheim and surrounding counties, Rosie Sanchez said.

Contact the writer: 714-704-3764 or ghardesty@ocregister.com