Criminal Deportees

Criminal Deportees

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Criminal Deportation: removal of persons convicted of U.S. crimes

Advocacy Links on Resumed Removals | Challenging the Removals | Press on the Removals | Understanding the Illegal Immigration Reform & Responsibility Act (IIRIRA) of 1996 | Mandatory Detention | Legislative Initiatives | Treatment and Prison Conditions for Criminal Deportees | Additional Articles and Reports

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Advocacy Links on Resumed Removals

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Challenging the Removals:

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Press on the Removals:

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Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996

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Legal Challenges to Mandatory Deportation

  • Violations of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
  • CAT Claim Case History for Haitian Deportees
    • Ridore v. Holder, Oct. 3, 2012, good Ninth Circuit Court of Appeals CAT decision regarding criminal deportees to Haiti — BIA engaged in impermissible de novo review of the judge’s factual findings, case remanded for consideration under the proper standard
    • “Haitian Jean,” Petitioner v. AG of the United States, 2010 U.S. App. LEXIS 18183 (3rd Cir., Aug. 30, 2010) (denied) (risk of physical abuse by prison guards because of his mental illness and his political beliefs).
    • Lysaire v. AG US, 368 Fed. Appx. 329 (3rd Cir., March 5, 2010) (denied) (mental illness).
    • Matter of BB, Decision of the BIA (February 2, 2010) (“Accordingly, we find that he has sufficiently established that an inability to have access to insulin and other medications, which will trigger psychotic symptoms, in combination with his lack of familial resources and the presence of tattoos, will more likely than not result in the respondent being persecuted by other inmates or security guards, who will either punish the respondent for his behavior or acquiesce in the other inmates’ behavior”).
    • Cherichel v. Holder, 591 F.3d 1002 (8th Cir., January 12, 2010) (denied) (insufficient specific intent).
    • Louis v. AG, 2009 U.S. App. LEXIS 14114 (3rd Cir., June 29, 2009) (denied) (diagnostic latent Tuberculosis; Rastafarian).
    • X v. Y, Decision of the Board of Immigration Appeals (March 10, 2009) (“Given the respondent’s history of mental illness and insulin-dependency, when combined with the harsh prison conditions present in Haiti and the lack of representation in any prior motions presented by the respondent”).
    • Thomas v. AG, 308 Fed. Appx. 587 (3rd Cir., January 22, 2009) (denied) (lack of specific intent).
    • Castel v. AG, 295 Fed. Appx. 492 (3rd Cir., Oct.7, 2008) (denied) (diabetic).
    • Mary Holper, Case of Respondents Who Fear Imprisonment as Criminal Deportees in Haiti: Updates in the Law since Matter of J-E-(Boston College Immigration and Asylum Project, October 2, 2008).
    • Dalegrand v. AG, 288 Fed. Appx. 838 (3rd Cir., July 28, 2008) (denied) (schizophrenia).
    • Jean-Pierre v. U.S. Attorney General, 500 F.3d 1315 (11th Cir. 2007) (granted) (undisputed evidence seems to show that the petitioner likely will be singled out for crawl-space confinement, kalot marassa, and beatings with metal rods as a result of AIDS-related mental illness).
    • Pierre v. Gonzales, 502 F.3d 109 (2d Cir., Sept. 11, 2007) (denied) (‘notwithstanding Pierre’s medical condition [diabetes], Pierre has not adduced the evidence that he will likely be subjected to torture”).
    • Lavira v. Attorney General – (3rd Cir. Feb. 2007; remanded for further proceedings)
    • Francois v. Gonzales – (3rd Cir. May 2006)
    • Auguste v. Ridge – (3rd Cir. Jan. 2005)
    • In re J-E – (Board of Immigration Appeals, Mar. 22, 2002): Though it is maintained by Haitian criminal deportee advocates that the treatment of criminal deportees in Haiti is more egregious than purported in this opinion, In re J-E continues to be followed by immigration judges in denying Haitian deportees withholding. See the Advisories by Alternative Chance for current information about the treatment of Haitian deportees.

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Legislative Initiatives

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Treatment and Detention Conditions of Criminal Deportees in Haiti

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Additional Resources

IACHR Decision on Haitian Deportations – November 16, 2012Inter-American Commission on Human Rights statements opposing criminal deportation, etc.Center for Constitutional Rights

Contacts

  • Michelle Karshan, Executive Director, Alternative Chance/Chans Altenativ, michelle.karshan@gmail.com, 917 853 0433, http://alternativechance.org/ . Ms. Karshan is the leading expert on the fate of criminal deportees on return to Haiti and frequently testifies as an expert witness on their behalf. Alternative Chance’s website has extensive recent information.
  • Professors Rebecca Sharpless, Farrin Anello, and Caroline (“Carrie”) Bettinger-Lopez, Human Rights and Immigration Clinics, University of Miami School of Law, rsharpless@law.miami.edu, fanello@law.miami.edu, clopez@law.miami.edu, 305 284 6092, “Stop Deportations to Haiti,” http://www.law.miami.edu/clinics/immigration/stop-haiti-deportations.php

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Advocacy Links on Resumed Removals | Challenging the Removals | Press on the Removals | Understanding the Illegal Immigration Reform & Responsibility Act (IIRIRA) of 1996 | Mandatory Detention | Legislative Initiatives | Treatment and Prison Conditions for Criminal Deportees | Additional Articles and Reports

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