Thousands of Jamaicans deported from the United States could be given a chance to return to that country if a ruling by the United States Board of Immigration Appeals in the case of a convicted gangster is used as precedent in other deportation cases.
Head of the local Deportee Assistance Unit (DAU), Dr Jephthah Ford, was gushing last week as he told The Sunday Gleaner that the American agency ruled that the US Depart-ment of Homeland Security has been deporting individuals without affording them a chance to appeal the decision.
Ford said the ruling was handed down on January 8 after the DAU filed a motion stating that Jamaican Calvin Inswood, who was arrested on a string of drug and gun crimes, had been unfairly deported.
According to US laws, an alien facing deportation is entitled to due process to have his removal proceedings considered by an immigration judge, but Ford said the DAU has successfully argued that there are several cases of no judicial review of the deportation determination.
SEVERAL CHARGES
“Mr Inswood was arrested for drug possession, drug distribution and also gun crimes. He is the exact type of person the US would want to get out of the country,” said Ford.
“We went to the Board of Immigration Appeals in the US Department of Justice because we felt they would not see the man, they would see the law, and that is what happened.
“The lesser court would consider the man and say, ‘No, we not making him come back’. But the Board of Immigration Appeals didn’t look at the man, they looked at the law. So it sets a precedent for every deportee that was denied the chance to go before an immigration judge.”
According to Ford, it took a team, including Shechem Lafayette, executive director of the DAU, close to five months to prepare its case to present to the immigration judges.
He argued that lawyers at the US Department of Homeland Security must have known about the law and blatantly ignored it.
“They must have known, and that is why we say that if they oppose it, they would only be embarrassing themselves about their knowledge of the law.”
Lafayette said that Inswood was deported in 1997 and proved a perfect test case.
“We chose his case because he had an extensive criminal record. Most of the deportees were sent home for drug possession and so on, but when you compare them with Mr Inswood, his criminal record far outweighs those,” said Lafayette.
“If we can be successful in winning his case, we can succeed with a bulk of deportees to return to the States,” said Lafayette.
He noted that Inswood is currently in the western end of the island waiting to return to the United States.
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So bring them back hold them in detention and then deport them “properly”?
Lolol, damn good question.
The “night lamp” laws of 1996 are shakey, and we’re still trying to determine how they interpret “aggravated felon”. Moral character clause is the only thing with sense.
Mr ford what is this person gonna do if or when he return to the USA with such long rap sheet……..I think you should be helping the person who jump the turn style at the subway and got deported than a drug dealer
like busy signal..yup
Case not going to fly. They the deportee or their attorney would have to appeal it before being sent home and they dont. And why with a rap sheet like his him would a waste him money appeal and lose
Dr Jephthah Ford is not telling us the truth in his attempt to use Mr Inswood as a test case. Is it possible that Mr Inswood has the means (financial or otherwise) to force his hands. Even with a formal deportation process, would Mr Inswood stand a likely chance of not being deported (given his extensive criminal record related to drugs/guns)….on what basis? Dr Jephthah Ford seems to be an individual in the thick of things not related to his profession of being a doctor. Wasn’t he arrested in that an attempt to get back the money seized by the GOJ from 2 Surinamese nationals who was caught with over US$500K cash at a Hotel in Kingston? I wonder what became of that case?
http://www.jamaicaobserver.com/news/Dr-Jephthah-Ford-on–1-million-bail_16528591
Ford is an ambulance chaser:D or puss in boots 😀
The ones that i know who got deported they enter the US without the proper documents and are drugs dealers/ shoplifters/ and not doing anything to contribute to the US therefore they are send home. They come here to sell drugs & go to the high end stores and steal.
Write..Dem fi get deported if dem a nuisance to society.Dem paint a bad picture of Jamaicans as soon as they get here.Fast life.Drug trafficking and gun dealing……and wha dem do wid the money.Nothing to make a future for themselves and their children and the sad thing many of these kids are left behind in Jamaica to fend for themselves.Look than de big one man Raphael Kerr aka Parker and chef. How many time u a go mek dem deport you.You run come back fe wha…hustle drug money and hype all over LA.look wha you stoop to..f**king the gal Moya aunty when everyone come fi her party a Vegas and u wonder why she theif u $40,000.00.Easy money so it go easy. How many woman you a go give Silicone body. Moya think a she one.Woman all oval the place now u bruk.You a waste a time a America.Dem fe send u back home.You so call friend dem a talk.Moya fe try get papers and stop f**k all over the place wid her silicone body.You don’t look good.Dont f**ng come trust nothing from me.Stop pollute LA and find a job.Just a matter of time before dem grab two a uno
Write..Dem fi get deported if dem a nuisance to society.Dem paint a bad picture of Jamaicans as soon as they get here.Fast life.Drug trafficking and gun dealing……and wha dem do wid the money.Nothing to make a future for themselves and their children and the sad thing many of these kids are left behind in Jamaica to fend for themselves.Look than de big one man Raphael Kerr aka Parker and chef. How many time u a go mek dem deport you.You run come back fe wha…hustle drug money and hype all over LA.look wha you stoop to..f**king the gal Moya aunty when everyone come fi her party a Vegas and u wonder why she theif u $40,000.00.Easy money so it go easy. How many woman you a go give Silicone body. Moya think a she one.Woman all oval the place now u bruk.You a waste a time a America.Dem fe send u back home.You so call friend dem a talk.Moya fe try get papers and stop f**k all over the place wid her silicone body.You don’t look good.Dont f**##ing come trust nothing from me.Stop pollute LA and find a job.Just a matter of time before dem grab two a uno
Dem fi get deported if dem a nuisance to society.Dem paint a bad picture of Jamaicans as soon as they get here.Fast life.Drug trafficking and gun dealing……and wha dem do wid the money.Nothing to make a future for themselves and their children and the sad thing many of these kids are left behind in Jamaica to fend for themselves.Look than de big one man Raphael Kerr aka Parker and chef. How many time u a go mek dem deport you.You run come back fe wha…hustle drug money and hype all over LA.look wha you stoop to..f**king the gal Moya aunty when everyone come fi her party a Vegas and u wonder why she theif u $40,000.00.Easy money so it go easy. How many woman you a go give Silicone body. Moya think a she one.Woman all oval the place now u bruk.You a waste a time a America.Dem fe send u back home.You so call friend dem a talk.Moya fe try get papers and stop f**k all over the place wid her silicone body.You don’t look good.Dont f**##ing come trust nothing from me.Stop pollute LA and find a job.Just a matter of time before dem grab two a uno – See more at: http://www.jamaicanmateyangroupie.com/other-articles/some-deportees-deported-to-jamaica-without-proper-procedure/#comments