21375: (Chamberlain) Asylum Denied (later story) (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Greg Chamberlain <GregChamberlain@compuserve.com>

   By MARTIN FINUCANE

   BOSTON, April 16 (AP) -- A federal appeals court on Friday rejected
arguments by a Haitian man who had sought asylum in the United States by
claiming his criminal record would leave him open to persecution if he were
deported.
   The U.S. government first moved to deport Jean Prosper Elien in 1994.
During the decade of Elien's appeals, Haiti implemented a policy under
which it imprisoned all returning Haitians convicted of crimes while living
in the United States.
   Elien, who was convicted of theft and drug possession, claimed he was
eligible as a refugee under U.S. law because he feared persecution on
account of "race, religion, nationality, membership in a particular social
group, or political opinion." His social group: criminals.
   The appeals panel acknowledged that the State Department and media
reports indicate that detainees can suffer indefinite prison terms,
inhumane conditions and even torture, but rejected Elien's argument, noting
that an immigration panel had earlier found it would be unsound policy to
recognize criminals as a "social group."
   "Such recognition unquestionably would create a perverse incentive for
Haitians coming to or residing in the United States to commit crimes,
thereby immunizing themselves from deportation to Haiti," Judge Conrad K.
Cyr wrote in Friday's ruling.
   Elien's attorney, Susan A. Roche of the Immigrant Legal Advocacy Project
in Portland, Maine, said the court denied Elien the opportunity to have a
fair hearing so he could apply for asylum.
   "He presented abundant evidence that if he is deported to Haiti that he
will be indefinitely detained and tortured," Roche said.
   Roche also said Elien has lived in the United States for 24 years, has
married a U.S. citizen and has a son and daughter. She said he is his
family's sole provider and that his family will be separated.
   Justice Department spokesman Charles Miller declined comment.