PITTSBURGH (AP) – A Honduran man whose case led a federal judge in Pittsburgh to declare President Barack Obama’s executive actions on immigration unconstitutional will be sentenced next week and eventually deported.

U.S. District Judge Arthur Schwab has scheduled 42-year-old Elionardo Juarez-Escobar’s sentencing for Jan. 22. He’s charged with illegally re-entered the country after a 2005 deportation.

Juarez-Escobar last month rejected Schwab’s offer to withdraw his guilty plea or serve a year of probation while remaining in the U.S. and fighting deportation.

He was arrested for drunken driving in April and has been in custody since July.

Schwab says Obama’s November order designed to spare millions living illegally in the U.S. from deportation amounts to “unilateral legislative action” in violation of the Constitution.

The administration says the policy doesn’t apply to criminal cases.

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