Guyanese Wins Review Of Deportation Order
July 28, 2010
CaribWorldNews, WASHINGTON, D.C., Weds. July 28, 2010: A mentally ill, Guyanese man has won a review of his deportation order in Appeals Court.
Ronald Soobrian petition for review of a final order of removal was recently granted by the United States Court of Appeals, Third Circuit on July 23rd. The court ruled that the green card holder since 1974, who developed mental health issues in his teenage years, leading to bizarre behavior, frequent confrontations with authority and was facing deportation after being convicted for second degree attempted assault and prison time, should have the Board of Immigration Appeals order reviewed.
The court`s justices ruled that the BIA applied an incorrect standard of review with respect to his Convention Against Torture claim.
Soobrian`s previous petitions for review of a final order of removal was twice granted protection under the Convention Against Torture by the Immigration Judge but the Board of Immigration Appeals reversed them each time and ordered him removed.
The BIA also upheld the IJ`s determination that Soobrian was not entitled to withholding of removal. In his petition, Soobrian`s attorneys has argued that he was denied due process of law under the Fifth Amendment when he was forced to proceed at the removal hearing without an indefinite continuance or a determination of his competency.
In early 2002, Soobrian was convicted in New York state court of second degree attempted assault and was sentenced to 18-36 months` imprisonment. This was a result of a guilty plea entered after he was found mentally competent to stand trial in spite of his longstanding mental illness (and two prior determinations that he was mentally incompetent to stand trial). The underlying incident involved Soobrian hitting a male victim in the head with a wooden stick, resulting in a laceration and swelling near the eye.
In late 2002, Soobrian was served with a notice to appear, charging that he was removable for having committed an aggravated felony. He appeared in immigration court in Fishkill, New York, while he was serving his sentence on the New York felony. He was excluded from the courtroom because his frequent outbursts were disrupting the hearing.
The IJ, proceeding in Soobrian`s absence, determined him to be removable, and denied withholding of removal. This decision was affirmed by the BIA in late 2003. At that time, Soobrian had completed the New York sentence and was in the custody of the Department of Homeland Security in York County, Pennsylvania.
At the new hearing in May 2005, Soobrian conceded removability and filed a motion for a competency hearing and an indefinite continuance until his competency could be determined. These motions were denied by the IJ, who granted a continuance until September 2005 to aid preparation.
In September, the IJ heard testimony and argument on the claims for relief. Two witnesses testified at the hearing. First, Soobrian`s mother (Ambrosine Ramberan) testified regarding his mental illness. Second, an expert witness (Jason Calder) testified as to the likely consequences of removing Soobrian to Guyana. Calder`s testimony was accepted without opposition from the Government. Soobrian did not testify because his counsel `believed there were competency issues in this case,` and he did not believe Soobrian was `competent to testify or accurately recollect what happened that day of the offense.`
The IJ determined that the conviction was not a `particularly serious crime` and Soobrian could pursue withholding of removal and CAT protection. However, the IJ denied Soobrian withholding of removal because neither his ethnicity nor his status as a criminal deportee justified it.
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