Deportation procedures.

[7777]

me just a hear bout a friend wha on the block fe deportation ya now, cus of domestic violence. Him inna deportation facility inna Miami right now.. [img]/forums/images/graemlins/blush.gif[/img]
me never know
Dem can try fe deport u fe dem tings deh?

[Hush Darlin]

Re: Deportation procedures.

tomorrow is 9/11...............
so I guess 9/11 is the answer

[CeaBee]

Re: Deportation procedures.

Immigration consequences of criminal convictions
This is a very complicated area of immigration law, but there are a few things to know.

You should not talk to the Immigration and Naturalization Service about how you came to the U.S. or whether you have legal papers without first talking to a lawyer.

You should not plead guilty to a criminal charge without first speaking with someone who knows about immigration law and what could happen to your legal status if you plead guilty. A lawyer who handles criminal cases may not know this area of the law since it is very complicated and it changes all the time. You may need the advice of an immigration lawyer.

If you plead guilty to a criminal charge in Massachusetts and now are facing deportation, you need to make sure your rights were protected. For example, if the criminal court judge did not tell you when you pleaded guilty that the conviction could lead to deportation, you can get the conviction automatically dismissed and have a new trial. However, you are responsible for requesting a new trial within a reasonable time so that records of the first trial are not lost or thrown away. If you fail to request a new trial soon enough, you may lose your right to do so. This would happen in criminal court, not immigration court. You would need a criminal attorney to help you with this.

If you are a lawful permanent resident, you may be able to naturalize and become a U.S. citizen. Once you have naturalized, the INS cannot deport you unless the INS first revokes naturalization for obtaining it illegally, such as through fraud. If you have criminal convictions, however, you should talk to a lawyer before filing for naturalization.

Many crimes that are punished lightly in criminal court can still lead to permanent deportation including the following:

any drug crime (except simple possession of 30 grams or less of marijuana)
a crime of violence (including assault and battery with a dangerous weapon) with a term of imprisonment of at least one year even if the sentence is suspended
theft (including receiving stolen property) or burglary with a term of imprisonment of at least one year, even if the sentence is suspended
murder
rape or sexual abuse of a minor
unlawful possession of a firearm


source

[CeaBee]

Re: Deportation procedures.

bwoy 777s it look like is pure bad lucked people u know [img]/forums/images/graemlins/blush.gif[/img]

[7777]

Re: Deportation procedures.

[ QUOTE ]
bwoy 777s it look like is pure bad lucked people u know [img]/forums/images/graemlins/blush.gif[/img]

[/ QUOTE ]gwey [img]/forums/images/graemlins/tongue.gif[/img],
but it would seem like people always a pick me outta crowd fe tell dem problems..
Maybe me look like one good smaddy inna real life..
who knows.... [img]/forums/images/graemlins/70394-bawlout.gif[/img]

U article doe, seems to explain somethings loud and clear..
how ole is this article me wonder, cus with immigration, lots of dem laws shoulda change over the years..
[img]/forums/images/graemlins/70402-thinking.gif[/img]

[7777]

Re: Deportation procedures.

Oh yeah, me feget fe tell u deh Cools, seh the young man is here *LEGALLY*..and was bought upby his father some twenty years ago..

What me dont understand doe, is that this man served in the United states Navy, fe years and was in war (Mission Desert Storm)..
He re-enlisted voluntarily two times too..
Dat noh carry noh weight? [img]/forums/images/graemlins/70402-thinking.gif[/img]
and no, unfortuantely fe him, even doe, him marry a US citizen, him never did tun citizen and get the papers dun..
\0/..

but come to tink of it, dem noh a deport citizen too..

yes, me know..
nuff questions.. [img]/forums/images/graemlins/70390-shhh.gif[/img]
:

[CeaBee]

Re: Deportation procedures.

him need to consult with an attorney....maybe there's a loophole of some sort?

as far as I know they can't deport citizens unless they can prove that citizenship was obtained fraudently. ( plus mi just read it up dehso in dat article [img]/forums/images/graemlins/blush.gif[/img])

permanent residents they can deport for felonies (i think)

[Yuriatin]

Re: Deportation procedures.

Carries no weight at all. You could save the President from a speeding bullet - ANYONE who is not a US Citizen can be deported.

A naturalized US Citizen can be stripped of their citizenship and THEN deported. Rare though and has usually (in the past 2 generations) only happened to confirmed or suspected Nazi War criminals. And even then, believe it or not, the process to strip them of their citizenship is a long, long one. The only case I know of where a US Citizen was dip'd was about 2 years ago. I can't recall if he was stripped of it or forced to give it up (I think it was the latter) but he was sent back to the birthplace of his parents - Yemen or Parkistan. Can't recall if he was naturalized or not.

[Dr.Dudd]

Re: Deportation procedures.

Posted on Thu, Jun. 29, 2006


IMMIGRATION
A U.S. citizen no more, Haitian to be deported
A Haitian-born man is being held at Krome awaiting deportation, the first known case in recent times of a naturalized American losing citizenship after being convicted of a crime.
BY ALFONSO CHARDY
[email protected]

Lionel Jean-Baptiste is back where he started when he first arrived as a refugee 26 years ago: Krome.

Haitian-born Jean-Baptiste is being held at the West Miami-Dade detention facility for foreign nationals after U.S. Immigration and Customs Enforcement officers picked him up June 14 -- nearly a year after the Supreme Court refused to hear his case.

Jean-Baptiste, 58, made immigration-law history as the first naturalized American in recent times stripped of his citizenship after being convicted of a crime. The case marked a departure from typical denaturalization practice in which immigration authorities revoke citizenship upon learning that an applicant lied about his past -- generally trying to conceal a criminal record when applying for citizenship.

But in Jean-Baptiste's case, he had no criminal record when he obtained citizenship. His arrest, trial and conviction over drug-trafficking charges all took place after he became a citizen.

Jean-Baptiste challenged ICE's efforts to revoke his citizenship, but lost when a federal appeals court ruled early last year that the mere commission of a crime is enough to revoke citizenship -- even if the person was not charged or convicted when he swore allegiance to the United States.

''Thorough investigation by U.S. Immigration and Customs Enforcement and the presentation of solid fact-based evidence led to the denaturalization of Mr. Jean-Baptiste,'' said Riah Ramlogan, chief counsel for ICE in Miami.

``ICE, as mandated by law, is now seeking Mr. Jean-Baptiste's removal based on his aggravated felony convictions for conspiracy to traffic cocaine. We are committed to protecting our law-abiding citizens by securing the removal of criminal aliens from the United States.''

Jean-Baptiste's crime occurred in March 1995, more than a year before he became an American and long before he was charged, arrested and convicted -- the usual triggers for a foreign national to be targeted for deportation. An undercover officer said Jean-Baptiste helped arrange two crack cocaine sales near his small Little Haiti restaurant. He denied the charges, saying the officer simply asked him where she could buy drugs, and he pointed across the street.

When Jean-Baptiste obtained citizenship in April 1996, his lawyer has said, he was not aware of the investigation against him. He was indicted and arrested in October 1996, six months after his naturalization. He was convicted in January 1997 and served seven years in prison.

SUPREME COURT

It wasn't until five years after his conviction, in 2002, that immigration authorities learned of the case -- possibly from a prison system official -- and began citizenship revocation proceedings.

Jean-Baptiste then challenged authorities in federal court and took his case all the way to the U.S. Supreme Court -- and lost.

Some immigration experts believe the case will make it easier for immigration authorities to revoke the citizenship of naturalized U.S. citizens.

''The horrible effect of this decision is to create a substantial amount of uncertainty for anyone who is a naturalized citizen,'' said Miami immigration lawyer Ira Kurzban, considered a national authority on immigration law.

EXCEPTION TO RULE?

But other experts disagree. They believe cases such as Jean-Baptiste's will be the exception. They say the case will set a precedent only for naturalized citizens who fit the same set of circumstances: convicted of a crime that occurred while awaiting citizenship.

''I would still think this is a tiny fraction of naturalized citizens who would later be found to have committed a criminal act, before their naturalization,'' said David Martin, a University of Virginia law professor who served as the immigration service's general counsel during the Clinton administration.

Jean-Baptiste's attorney, André Pierre, said his client plans to fight deportation -- all the way to the Supreme Court if necessary.

''He's not discouraged,'' Pierre said. ``He believes the government put him in Krome to pressure him into agreeing to deportation, but he is not giving up. He's going to fight. He feels he was given an opportunity to live in a new country when he was first at Krome and he sees this is as a new day to regain freedom.''

Jean-Baptiste is scheduled to appear at Krome immigration court July 11. An appeals court in early January 2005 agreed with ICE's position that Jean-Baptiste did not deserve citizenship.

To qualify for citizenship, ICE maintains, Jean-Baptiste was required to remain ''a person of good moral character'' but he failed to do so -- regardless of whether he knew about the investigation.

Pierre's contention is that his client was of good moral character -- at all times. As evidence, Pierre cited Jean-Baptiste's plea of not guilty after his arrest, and his decision to stand trial.

Jean-Baptiste's American odyssey began when he joined dozens of other Haitians on a crowded boat bound for Miami in 1980.

JOURNEY TO U.S.

The boat capsized in rough waters between Cuba and Florida and some of the refugees drowned, Jean-Baptiste has said. He said he was among survivors brought to Miami.

He was detained for weeks, initially facing deportation. But within a few months of arrival, by September 1980, Jean-Baptiste was released and two years later was approved for permanent residence.

He bought a restaurant and a house, and brought his wife Raymonde and three Haitian-born children. Two more were born here.

Now Jean-Baptiste is at Krome, once again facing the same uncertain fate.






--------------------------------------------------------------------------------

© 2006 MiamiHerald.com and wire service sources. All Rights Reserved.

http://www.miami.com

[7777]

Re: Deportation procedures.

[ QUOTE ]
him need to consult with an attorney....maybe there's a loophole of some sort?

as far as I know they can't deport citizens unless they can prove that citizenship was obtained fraudently. ( plus mi just read it up dehso in dat article [img]/forums/images/graemlins/blush.gif[/img])

permanent residents they can deport for felonies (i think)

[/ QUOTE ] him a permanent resident.. [img]/forums/images/graemlins/blush.gif[/img]
and thank god him have the sense fe get one lawyer.. [img]/forums/images/graemlins/70384-praying.gif[/img]

[7777]

Re: Deportation procedures.

[ QUOTE ]
Posted on Thu, Jun. 29, 2006


IMMIGRATION
A U.S. citizen no more, Haitian to be deported
A Haitian-born man is being held at Krome awaiting deportation, the first known case in recent times of a naturalized American losing citizenship after being convicted of a crime.
BY ALFONSO CHARDY
[email protected]

Lionel Jean-Baptiste is back where he started when he first arrived as a refugee 26 years ago: Krome.

Haitian-born Jean-Baptiste is being held at the West Miami-Dade detention facility for foreign nationals after U.S. Immigration and Customs Enforcement officers picked him up June 14 -- nearly a year after the Supreme Court refused to hear his case.

Jean-Baptiste, 58, made immigration-law history as the first naturalized American in recent times stripped of his citizenship after being convicted of a crime. The case marked a departure from typical denaturalization practice in which immigration authorities revoke citizenship upon learning that an applicant lied about his past -- generally trying to conceal a criminal record when applying for citizenship.

But in Jean-Baptiste's case, he had no criminal record when he obtained citizenship. His arrest, trial and conviction over drug-trafficking charges all took place after he became a citizen.

Jean-Baptiste challenged ICE's efforts to revoke his citizenship, but lost when a federal appeals court ruled early last year that the mere commission of a crime is enough to revoke citizenship -- even if the person was not charged or convicted when he swore allegiance to the United States.

''Thorough investigation by U.S. Immigration and Customs Enforcement and the presentation of solid fact-based evidence led to the denaturalization of Mr. Jean-Baptiste,'' said Riah Ramlogan, chief counsel for ICE in Miami.

``ICE, as mandated by law, is now seeking Mr. Jean-Baptiste's removal based on his aggravated felony convictions for conspiracy to traffic cocaine. We are committed to protecting our law-abiding citizens by securing the removal of criminal aliens from the United States.''

Jean-Baptiste's crime occurred in March 1995, more than a year before he became an American and long before he was charged, arrested and convicted -- the usual triggers for a foreign national to be targeted for deportation. An undercover officer said Jean-Baptiste helped arrange two crack cocaine sales near his small Little Haiti restaurant. He denied the charges, saying the officer simply asked him where she could buy drugs, and he pointed across the street.

When Jean-Baptiste obtained citizenship in April 1996, his lawyer has said, he was not aware of the investigation against him. He was indicted and arrested in October 1996, six months after his naturalization. He was convicted in January 1997 and served seven years in prison.

SUPREME COURT

It wasn't until five years after his conviction, in 2002, that immigration authorities learned of the case -- possibly from a prison system official -- and began citizenship revocation proceedings.

Jean-Baptiste then challenged authorities in federal court and took his case all the way to the U.S. Supreme Court -- and lost.

Some immigration experts believe the case will make it easier for immigration authorities to revoke the citizenship of naturalized U.S. citizens.

''The horrible effect of this decision is to create a substantial amount of uncertainty for anyone who is a naturalized citizen,'' said Miami immigration lawyer Ira Kurzban, considered a national authority on immigration law.

EXCEPTION TO RULE?

But other experts disagree. They believe cases such as Jean-Baptiste's will be the exception. They say the case will set a precedent only for naturalized citizens who fit the same set of circumstances: convicted of a crime that occurred while awaiting citizenship.

''I would still think this is a tiny fraction of naturalized citizens who would later be found to have committed a criminal act, before their naturalization,'' said David Martin, a University of Virginia law professor who served as the immigration service's general counsel during the Clinton administration.

Jean-Baptiste's attorney, André Pierre, said his client plans to fight deportation -- all the way to the Supreme Court if necessary.

''He's not discouraged,'' Pierre said. ``He believes the government put him in Krome to pressure him into agreeing to deportation, but he is not giving up. He's going to fight. He feels he was given an opportunity to live in a new country when he was first at Krome and he sees this is as a new day to regain freedom.''

Jean-Baptiste is scheduled to appear at Krome immigration court July 11. An appeals court in early January 2005 agreed with ICE's position that Jean-Baptiste did not deserve citizenship.

To qualify for citizenship, ICE maintains, Jean-Baptiste was required to remain ''a person of good moral character'' but he failed to do so -- regardless of whether he knew about the investigation.

Pierre's contention is that his client was of good moral character -- at all times. As evidence, Pierre cited Jean-Baptiste's plea of not guilty after his arrest, and his decision to stand trial.

Jean-Baptiste's American odyssey began when he joined dozens of other Haitians on a crowded boat bound for Miami in 1980.

JOURNEY TO U.S.

The boat capsized in rough waters between Cuba and Florida and some of the refugees drowned, Jean-Baptiste has said. He said he was among survivors brought to Miami.

He was detained for weeks, initially facing deportation. But within a few months of arrival, by September 1980, Jean-Baptiste was released and two years later was approved for permanent residence.

He bought a restaurant and a house, and brought his wife Raymonde and three Haitian-born children. Two more were born here.

Now Jean-Baptiste is at Krome, once again facing the same uncertain fate.






--------------------------------------------------------------------------------

© 2006 MiamiHerald.com and wire service sources. All Rights Reserved.

http://www.miami.com

[/ QUOTE ] aye, aye, aye... [img]/forums/images/graemlins/70394-bawlout.gif[/img]
a need fe go fast and pray fe dis young man...
I beleive strong in my heart that my
God is *still* able.. [img]/forums/images/graemlins/70459-hugs.gif[/img]

[Yuriatin]

Re: Deportation procedures.

Sad, sad article.

Also confirms my point that the actual process of stripping a nat cit of citizenship is a lengthy process and not a common one. As it states:

"Some immigration experts believe the case will make it easier for immigration authorities to revoke the citizenship of naturalized U.S. citizens."

[Yuriatin]

Re: Deportation procedures.

7777 - best of luck to this fellow, your friend and all involved.

Question though - is it possible that this guy can start to prepare for the worst? If he gets deported, has he thought to make arrangements for where he ends up - has he reached out to anyone to where he might be deported? Might not be a bad thing to start thinking about.

[7777]

Re: Deportation procedures.

[ QUOTE ]
7777 - best of luck to this fellow, your friend and all involved.

Question though - is it possible that this guy can start to prepare for the worst? If he gets deported, has he thought to make arrangements for where he ends up - has he reached out to anyone to where he might be deported? Might not be a bad thing to start thinking about.

[/ QUOTE ] actually from what I understood, he just got placed there...- 2 weeks ago.
he seems in high spirits, admitted that he was a bit scared, but said he is trying to look pon de brite side..

[Yuriatin]

Ouch! )-:


Born and raised in England, but not British
Carol Soares, forced to leave her son in Jamaica, is desperate to take him back home
BY VAUGHN DAVIS Sunday Observer staff reporter
Sunday, September 10, 2006


At the tender age of two months, Carol Lee Soares was among the hundreds of Jamaicans who left Jamaica during the early 1960s for the seemingly greener pastures of Great Britain.

In June 1962, she and her mother became legal residents of the United Kingdom, hoping to grab hold of opportunities they thought would otherwise be out of reach in Jamaica.
SOARES. I need somebody to just answer some questions for me

Today, Soares has a 16-year-old son named Stefan Omar Nicholas Lee, and like her mother, Soares has every hope of seeing him grow up, go to school, and enjoy all the successes that developed countries promise.

But Soares and her son have a big problem. According to her, British authorities have told her that Stefan, although born and raised in England and holding a British birth certificate, is not really British.

Soares says that she was advised that under the British Nationality Law, passed in 1983, children born in the UK to non-British citizens cannot acquire British citizenship unless they can satisfy the requirements of a bureaucratic principle termed 'patriality'.

Under patriality, a passport holder has to be born and naturalised in the UK, or have a parent or grandparent who was born, adopted, or naturalised in the UK.
The principle of patriality was stipulated under the 1968 Commonwealth Immigration Act which distinguished those UK passport holders who had a right of entry and abode in Britain and those who did not.

The Nationality Act declared all who qualified for right of abode, according to the 1968 Immigration Act, to be British citizens. Soares, however, did not qualify for citizenship under the Act, and so remained a citizen of Jamaica. Her son, who she was told failed to satisfy the patriality requirement, adopted her citizenship.

But Soares, who became a British citizen on July 27 last year, says she learned about all these legal measures earlier this year after planning a return trip to Jamaica, with the aim of introducing her son to the country. As she sought to get a British passport for him, she learned that he was still a Jamaican citizen and could not be granted the passport.

"When I went to get a [British] passport for him, they told me he was Jamaican and so he couldn't get one," she tells the Sunday Observer in a thick British accent. "When I asked if he could still travel to Jamaica, they said 'yes'. They said all I needed was his birth certificate and a couple of pictures."

Soares says that after obtaining the pictures, she and her son travelled to Jamaica on March 20 without incident. Their problems began, however, on April 27 when they tried to return to Britain.
"When we went to the airport [in Jamaica] they told us that he couldn't go back to Britain on those documents. They said he couldn't travel on them because they didn't have a visa stamp on it," she says.

On May 5, after securing accommodation here for her son, Soares returned to Britain, hoping to fix the problem. However, she says she only encountered more administrative difficulties.
"I went to the Passports Office and the Home Office in Britain, and all they could tell me is that I had to write a letter and send certain documents to them," says Soares. "But when they got the documents they kept sending them back, saying there was nothing they could do. I needed to have the passport that me and my mum came into the country with years ago."

Soares maintains, however, that after her passport expired, it was sent to the Jamaican High Commission, along with other documents, as she and her mother sought to attain British citizenship.

"The Jamaican High Commission told me that the passport was here [in Jamaica] and couldn't be found," she says.
In desperation, Soares took unpaid leave from her job and returned to Jamaica on August 31 in an effort to solve the problem.

She went to the British High Commission, she says, but was again told that she needed her mother's passport.
In the meantime, she has become increasingly worried about her son. She says that what family she does have in Jamaica are little more than strangers, because they are really her father's relatives.
"I'm supposed to have five sisters and one brother here, but I don't know them.," she says.

"I can't just walk up to them and ask them to take him in. Right now, the people that he's staying with, they're basically strangers to him. I'm having to send money out here every week for upkeep, whereas if he was in Britain I wouldn't have to be spending that. He has asthma, and I have to be sending money out to get him medication, while if he was in Britain I would get it free."

Soares also fears that the situation could damage her son psychologically.
"He's been living there [Britain] all his life, and now that this has happened it's like they suddenly don't want him. I don't know what kind of effect that could have on him," she says.

"I need somebody to just answer some questions for me, 'cause it just seems that they're all going around in circles. And I thought the press would have a better chance at getting the kind of push to get those questions answered."

When the Sunday Observer contacted the British High Commission, we were told that it was against their policy to comment on individual matters before them. However, Mark Waller, the High Commission's press and political affairs officer, urged Soares to come to their offices in order to properly address the situation.

Soares, in the meantime, says she intends to lobby hard to get her son home as soon as possible.
"How many mothers are able to stand having their child far away from them for so long? she asked. "I'm willing to fight for my son."

[email protected]