24030: Hermantin (Pub) Round in citizenship fight lost (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Miami-Herald


Posted on Wed, Jan. 05, 2005




APPEALS COURT


Round in citizenship fight lost

A federal appeals court ruled against a Haitian American trying to avoid
deportation for a crime committed before he became a U.S. citizen.

BY ALFONSO CHARDY

achardy@herald.com


A U.S. court ruled Tuesday that the federal government can strip a
Miami-area restaurant owner of his U.S. citizenship even if he was not
convicted of a crime before becoming a citizen.

The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Atlanta
makes it more likely that Lionel Jean-Baptiste, originally a Haitian
national, may have to surrender his citizenship certificate and be detained
and put in deportation proceedings -- ending up back at the Krome detention
center where he was first held after arriving in 1980.

The precedent-setting case marks the first time, at least in the court's
jurisdictional area, that the government is seeking to revoke the
citizenship of a naturalized person who was indicted, arrested and convicted
after becoming a citizen.

Andre Pierre, Jean-Baptiste's attorney, said he does not expect the
immigration service to act until he exhausts all appeals. Pierre said he
plans to file a motion as soon as possible asking the appeals court to
reconsider its ruling and to grant a new hearing involving the entire court.
If that fails, Pierre said he will turn to the U.S. Supreme Court.

Barbara Gonzalez, a spokeswoman for U.S. Immigration and Customs
Enforcement, said: ``As a matter of policy, we are precluded from commenting
because the litigation is not complete.''

Typically, government attorneys have sought to revoke the citizenship of
people who have lied in their naturalization applications about a criminal
record. In Jean-Baptiste's case, government attorneys said he did not
deserve citizenship because he committed a crime while awaiting approval of
his application.

As a result, government attorneys said in court papers, Jean-Baptiste
illegally procured his citizenship because he was not a person of ''good
moral character'' before becoming a citizen. Good moral character is a
requirement for citizenship.

That he was convicted after gaining citizenship, government attorneys said,
is evidence Jean-Baptiste ''illegally procured'' citizenship.

The appeals court agreed.

''Here, we address the question whether a naturalized citizen who committed
certain unlawful acts during the statutory period prior to taking the oath
of allegiance but for which he was indicted, arrested and convicted after
naturalization stands to lose his precious acquisition for lack of good
moral character,'' wrote Judge Richard Cudahy for himself and the two other
judges who heard the case Dec. 7, Phyllis Kravitch and Stanley Birch.
``Unfortunately, the answer is yes.''

Cudahy said that what was at the heart of Jean-Baptiste's case was ''the
commission, in contrast to the conviction, of a crime'' because it showed he
lacked good moral character.

Jean-Baptiste, a 57-year-old Miami-area restaurant owner, has said he did
not commit a crime. He says he only learned of allegations against him when
federal agents arrested him in October 1996 -- six months after becoming a
citizen. He pleaded not guilty, went to trial and was convicted in January
1997 in Miami federal court.

The case stemmed from an undercover officer's testimony that Jean-Baptiste
helped arrange purchases of crack cocaine in March 1995, allegations
Jean-Baptiste denies.

The government filed papers in 2002 seeking to strip Jean-Baptiste of his
citizenship. Jean-Baptiste turned to the appeals court when a Miami federal
judge ordered his citizenship revoked.

After settling in the Miami area, Jean-Baptiste brought his wife, Raymonde,
from Haiti and three Haitian-born children. Two more were born here.




A federal appeals court ruled against a Haitian American trying to avoid
deportation for a crime committed before he became a U.S. citizen.

BY ALFONSO CHARDY

achardy@herald.com


A U.S. court ruled Tuesday that the federal government can strip a
Miami-area restaurant owner of his U.S. citizenship even if he was not
convicted of a crime before becoming a citizen.

The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Atlanta
makes it more likely that Lionel Jean-Baptiste, originally a Haitian
national, may have to surrender his citizenship certificate and be detained
and put in deportation proceedings -- ending up back at the Krome detention
center where he was first held after arriving in 1980.

The precedent-setting case marks the first time, at least in the court's
jurisdictional area, that the government is seeking to revoke the
citizenship of a naturalized person who was indicted, arrested and convicted
after becoming a citizen.

Andre Pierre, Jean-Baptiste's attorney, said he does not expect the
immigration service to act until he exhausts all appeals. Pierre said he
plans to file a motion as soon as possible asking the appeals court to
reconsider its ruling and to grant a new hearing involving the entire court.
If that fails, Pierre said he will turn to the U.S. Supreme Court.

Barbara Gonzalez, a spokeswoman for U.S. Immigration and Customs
Enforcement, said: ``As a matter of policy, we are precluded from commenting
because the litigation is not complete.''

Typically, government attorneys have sought to revoke the citizenship of
people who have lied in their naturalization applications about a criminal
record. In Jean-Baptiste's case, government attorneys said he did not
deserve citizenship because he committed a crime while awaiting approval of
his application.

As a result, government attorneys said in court papers, Jean-Baptiste
illegally procured his citizenship because he was not a person of ''good
moral character'' before becoming a citizen. Good moral character is a
requirement for citizenship.

That he was convicted after gaining citizenship, government attorneys said,
is evidence Jean-Baptiste ''illegally procured'' citizenship.

The appeals court agreed.

''Here, we address the question whether a naturalized citizen who committed
certain unlawful acts during the statutory period prior to taking the oath
of allegiance but for which he was indicted, arrested and convicted after
naturalization stands to lose his precious acquisition for lack of good
moral character,'' wrote Judge Richard Cudahy for himself and the two other
judges who heard the case Dec. 7, Phyllis Kravitch and Stanley Birch.
``Unfortunately, the answer is yes.''

Cudahy said that what was at the heart of Jean-Baptiste's case was ''the
commission, in contrast to the conviction, of a crime'' because it showed he
lacked good moral character.

Jean-Baptiste, a 57-year-old Miami-area restaurant owner, has said he did
not commit a crime. He says he only learned of allegations against him when
federal agents arrested him in October 1996 -- six months after becoming a
citizen. He pleaded not guilty, went to trial and was convicted in January
1997 in Miami federal court.

The case stemmed from an undercover officer's testimony that Jean-Baptiste
helped arrange purchases of crack cocaine in March 1995, allegations
Jean-Baptiste denies.

The government filed papers in 2002 seeking to strip Jean-Baptiste of his
citizenship. Jean-Baptiste turned to the appeals court when a Miami federal
judge ordered his citizenship revoked.

After settling in the Miami area, Jean-Baptiste brought his wife, Raymonde,
from Haiti and three Haitian-born children. Two more were born here.