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And example of why immigration is complicated
Posted: Thu Dec 09, 2010 6:05 pm
by Skjellyfetti
for the "you're either legal or you aren't" crowd. there are millions of weird ass cases out there with different complicated situations. this story is just one example.
A deportation case is hanging on one crucial question: What time of day was Ramon Antonio Duarte-Ceri born?
The Dominican immigrant's mom took her oath of U.S. citizenship in 1991 on the very day he turned 18. But she was sworn in in the morning, and he was born at night.
The timing is crucial for Duarte-Ceri, now 37. He has spent the last five years in an immigration detention center in upstate Batavia awaiting deportation after pleading guilty and serving time on drug charges.
A Manhattan federal appeals court decided this week that he might be able to prove he is a U.S. citizen because he was technically still 17 when his mom was sworn in - "17 years, 364 days and 12 hours."
Minor children are granted citizenship along with their parents, but adult children are not.
The 2nd Circuit U.S. Court of Appeals judges sent Duarte-Ceri's case back to the Manhattan district court for a hearing but ruled, 3 to 2, that if Duarte-Ceri is able to prove his time of birth, he is a U.S. citizen.
"At least there's a light in the tunnel, God willing, for us," said his mom, Carmen Duarte, 56, who lives in Corona, Queens.
She said she remembers Ramon's home birth well.
Her labor started at 6 p.m., and Ramon was born three hours later. The midwife has made a sworn statement testifying to 9 p.m. as Duarte-Ceri's time of birth.
"It is important to the ends of justice to parse the day into hours, because the 'most precious right' of citizenship is at stake," wrote Judge Denny Chin in the decision.
Recognizing citizenship as a right was key to the case, said Jojo Annobil, supervising attorney of the Immigration Law Unit at the Legal Aid Society. "I think that it is a great victory," he said.
The Justice Department did not return a call for comment.
The dissenting judge said Duarte-Ceri, who was arrested for assault and drug dealing at least three times between 1989 and 1995 and again in 2004, should have resolved the issue of his citizenship right after his mom was sworn in.
Carmen Duarte said that she put Ramon down on her original citizenship application and believed the right would be extended to him. She hasn't seen her son, who has two kids ages 7 and 19, since he was sent to Batavia, but said he calls her nearly every day.
"I'm just hoping that my son can come home," she said. "When a future is uncertain, the whole family suffers."
http://www.nydailynews.com/ny_local/201 ... early.html" onclick="window.open(this.href);return false;
Re: And example of why immigration is complicated
Posted: Thu Dec 09, 2010 6:18 pm
by Col Hogan
A one-in-a-million example does not make immigration "complicated"...
Re: And example of why immigration is complicated
Posted: Thu Dec 09, 2010 6:18 pm
by CID1990
And here's the rest of the story:
(Since someone reading this jewel of investigative journalism might get the impression that young Ramon will either be able to be a US citizen or NEVER be a citizen based on the decision)
Poor Ramon can still become a US citizen even if he WAS an adult at the time of his parent's swearing in.
She can petition for her son on a family-based third preference immigrant visa. Takes a little more time, but still doable. Plus, if he stays unmarried, his petition will be handled even faster.
However, poor Ramon has other problems. He has crimes of moral turpitude on his record and will need to seek a waiver from USCIS. I hope they do not give him one.
Actually glad to see DoJ acting proactively and seeking a way to keep this turd from naturalizing.
Re: And example of why immigration is complicated
Posted: Fri Dec 10, 2010 9:05 am
by andy7171
Drug charges, deport him.
Re: And example of why immigration is complicated
Posted: Fri Dec 10, 2010 9:25 am
by GannonFan
So hard to decide what to do with a guy who's been convicted of assault and drug dealing. I mean, by all means, let's allow these guys in and keep the highly trained, highly educated people out.
Re: And example of why immigration is complicated
Posted: Fri Dec 10, 2010 11:07 am
by YoUDeeMan
GannonFan wrote:So hard to decide what to do with a guy who's been convicted of assault and drug dealing. I mean, by all means, let's allow these guys in and keep the highly trained, highly educated people out.
It's all the conservative people's fault. If this guy were orginaly given his citizenship, some seed money and some love from his fellow Americans, he would today be a model citizen who would have already solved the world's food and energy problems.
Damned Conks ruin everything.
Re: And example of why immigration is complicated
Posted: Fri Dec 10, 2010 11:17 am
by 89Hen
I highly doubt there are millions of weird ass cases. More half stories from Jelly.
Re: And example of why immigration is complicated
Posted: Fri Dec 10, 2010 2:24 pm
by Skjellyfetti
andy7171 wrote:Drug charges, deport him.
Unfortunately, deportation is not a punishment for citizens... no matter what the charge.
Re: And example of why immigration is complicated
Posted: Fri Dec 10, 2010 3:11 pm
by BDKJMU
Skjellyfetti wrote:andy7171 wrote:Drug charges, deport him.
Unfortunately, deportation is not a punishment for citizens... no matter what the charge.
And when you have to split hairs to determine whether or not this dirtbag drugdealer is a citizen, Jelly comes down on the side of lets declare the dirtbag drug dealer is a citizen and not deport him. Why am I not surprised?
Re: And example of why immigration is complicated
Posted: Fri Dec 10, 2010 3:14 pm
by Skjellyfetti
BDKJMU wrote:
And he's not a citizen.
You sure about that?
Re: And example of why immigration is complicated
Posted: Fri Dec 10, 2010 6:33 pm
by Col Hogan
Skjellyfetti wrote:BDKJMU wrote:
And he's not a citizen.
You sure about that?
Yes......yes I am...
Re: And example of why immigration is complicated
Posted: Sun Dec 12, 2010 2:21 am
by free7694
It's only complicated because we let lawyers get involved. The decision is easy for any rational person:
Re: And example of why immigration is complicated
Posted: Mon Dec 13, 2010 10:37 am
by ATrain
As much as I hate to say it, based on the law, Jelly's right, the dude is a citizen and we can't deport him. Therefore, we should just lock him up with all the other criminals.
Re: And example of why immigration is complicated
Posted: Sun Dec 19, 2010 8:46 pm
by JohnStOnge
Andy 7171, would you please change your avitar. You're compromising my moral turpitude.
Re: And example of why immigration is complicated
Posted: Sun Dec 19, 2010 8:48 pm
by JohnStOnge
I didn't think it was complicated until CID said what he said.
Comprehensive Immigration Reform
Posted: Sun Dec 19, 2010 9:36 pm
by native
FIRST, re-establish the 14th Amendment to its original intent - no birthright citizenship.
SECOND, make illegal immigration a felony and enforce all existing laws. Punish employers to the fullest extent of the law.
THIRD, offer lifetime work visas without the possibility of citizenship to illegal aliens who have not committed felonies, perpetrated identity theft or fraud, and have otherwise been productive and law abiding for the past (xx) years, after they pay all taxes and fines, and follow a prescribed earned work visa plan.
FOURTH, deport or incarcerate every other illegal alien as appropriate and continue to vigorously enforce all immigration laws at every level, including harsh punishment for employers.
FIFTH, increase immigration quotas and work visas, and simplify the legal immigration process for the good of the country, to encourage economic growth, and to reduce the incentives for illegal employment.
SIXTH, eliminate the minimum wage to encourage youth/unskilled employment and reduce the incentive for hiring illegal labor.
SEVENTH, make right-to-work the law of the land to further reduce the incentives for hiring illegal labor.
EIGHTH, send skelly to live as a prisoner in a squalid third world country where he belongs.