28601: Hermantin(News)Likelihood of torture could block deportation (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Posted on Wed, Jul. 12, 2006


IMMIGRATION
Likelihood of torture could block deportation
A Miami man stripped of his citizenship in a landmark case may not be deported 
to his native Haiti. But first he must prove that he could be tortured there.
BY ALFONSO CHARDY
achardy@MiamiHerald.com

Lionel Jean-Baptiste, the first naturalized American in recent times to lose 
his citizenship after being convicted of a crime, may avoid deportation to 
Haiti if he can show he could be tortured there, the immigration judge 
presiding over the case said Tuesday.

''He may not be deportable,'' said immigration judge Kenneth S. Hurewitz -- if 
Jean-Baptiste qualifies for protection under the Convention Against Torture. 
Under such a scenario, an immigrant in removal proceedings can stay if he 
presents evidence he would be tortured if returned.

Hurewitz's statement, at the end of Jean-Baptiste's first immigration court 
appearence since his June 14 detention, marked the first time an immigration 
court official conceded the possibility that the former citizen may stay.

The Haitian consul general in Miami said last week that Haiti will not take 
back Jean-Baptiste because he renounced his Haitian citizenship when he swore 
allegiance to the United States.

U.S. Immigration and Customs Enforcement would not comment on court 
developments.

''As a matter of ICE policy, we are precluded from commenting on pending 
litigation,'' said Barbara Gonzalez, an ICE spokeswoman.

Jean-Baptiste, 58, was stripped of his citizenship after a federal jury in 
Miami in 1997 convicted him of drug-trafficking charges.

U.S. Immigration and Customs Enforcement moved to revoke Jean-Baptiste's 
citizenship in 2000, not because he was convicted -- but because the conviction 
occurred while he was awaiting citizenship and was required to be a person of 
``good moral character.''

The case departed from citizenship-revocation practice. Immigration officials 
generally seek to revoke a naturalized American's citizenship if they find 
evidence the person lied in the application process, typically trying to 
conceal a criminal record.

Jean-Baptiste had no criminal record when he applied for citizenship.

He was charged, arrested and convicted when he was already an American.

Hurewitz delayed the final outcome of Jean-Baptiste's initial court hearing 
until July 31 because André Pierre, the detainee's attorney, raised several 
legal objections.

He said ICE's allegations in the notice to appear, the charging document 
against his client, failed to note his former U.S. citizenship and ICE's 
actions violated regulations governing detentions for removal proceedings.

Among Pierre's contentions was that ICE was supposed to provide him with 
certified copies of both the arrest report and the final outcome of his 
client's criminal case -- but did not.

Pierre said he could not address the issue of whether his client may be 
tortured if returned to Haiti.

''I'm still gathering evidence,'' Pierre said.

But he said he will argue that his client cannot be deported to Haiti because 
Haitian authorities will not take him back.