U.S. Deports American Citizen
Immigration and Customs Enforcement got a little more egg on its face last week when it was disclosed it had deported a U.S. citizen. True, the man didn't know he had become a citizen at age 15. But, the law says the burden of proof is on the government when it comes to deportation. And shame on the prosecutor who continued to argue for his deporation after the information came to light.
Duarnis Perez became an American citizen when he was 15, but he didn't find out until after he had been deported and then jailed for trying to get back into the country. He was facing his second deportation hearing when he learned he was already a U.S. citizen. Still, federal prosecutors fought to keep him in custody.
Assistant U.S. Attorney Sara Lord, who prosecuted Perez, declined comment when asked if the government would appeal. In a brief, she argued Perez was at fault for not knowing his status, saying he "cannot base his failure to discover the circumstances on the alleged omissions of others."
The federal judge hearing the case was having none of it:
Last week, a federal judge scolded prosecutors for the mistake. "In effect, the government is arguing that an innocent man who was wrongly convicted should not be released from the custody of the United States," U.S. District Judge Lawrence Kahn wrote. He ruled that Perez never should have been deported.
Perez ended up doing 3/12 years in jail for the re-entry after deportation charge. He is now suing the Justice Department, the Bureau of Prisons and Legal Aid. [Hat tip Patriot Daily.]
| < Bush as Jumping Jack Flash | 4th Circuit Reverses Conviction of "Pain Doctor" > |
