Possible deportation for Jacksonville parents convicted in children's drownings

Possible deportation for Jacksonville parents convicted in children's drownings

The couple could be sent back to their native Nigeria.

Posted: April 9, 2012 - 5:23am | Updated: April 9, 2012 - 7:13am
By Charles Broward

They have been proved to be at fault, but many may still sympathize with Markanthony and Jovita Ibeagwa.

Those who were present at the Jacksonville couple's trials witnessed their anguish and the grief they were still unable to contain following the loss of their two small children who drowned in a neighbor's pool after they left them home alone.

But whatever leniency the judge may show them during their upcoming sentencing won't matter if they are deported back to their native Nigeria, where their culture will shun them for life, their attorneys say.

"They're going to be social outcasts in their own country because of the loss of their children," said Markanthony Ibeagwa's attorney, Refik Eler, citing his office's research into the Nigerian social culture that places the family above the individual.

A jury found Jovita Ibeagwa guilty in February of two counts of manslaughter against a child in the 2010 deaths of 3-year-old Blessing and 6-year-old Gerrard. Her husband was found guilty of the lesser charges of child neglect with great bodily harm.

In the United States, at least since 2009, both worked as nursing assistants.

A spokesman from the U.S. Immigration and Customs Enforcement, an arm of the Department of Homeland Security, confirmed that a retainer has been placed on the Ibeagwas. A retainer requires local authorities to contact the agency when releasing from custody individuals who are under consideration to be deported.

Couple will have say
Although the Ibeagwas have been convicted of serious felonies, like all immigrants who have a green card or visa and face deportation, they will have their say.

If the attorney assigned to the case wishes to seek deportation, the Ibeagwas will be served with a notice to appear in a U.S. Executive Office of Immigration Review court. The review courts operate under the Department of Justice.

According to the department, an immigrant facing deportation will first attend a hearing similar to a criminal arraignment, where a judge will explain to them what immigration law they are accused of breaking and offer representation if needed.

The judge may also allow the individual to be released from custody during the review process. The duration of the review process varies case by case and those in state custody may be subject to review while incarcerated.

The judge will then schedule the review hearing, in which the circumstances of the case are presented.

The judge may consider things such as the severity of the crime and how long the immigrant has been in the country.

The judge will then decide if the individual should be removed.

If a removal order is issued, the individual can appeal. They also may claim forms of relief from forced removal, though being convicted of a "serious felony" often is a disqualification.

Those who face removal may then be sent to one of the more than 80 detention facilities throughout the country until deported. Restrictions are placed on how long a deportee must wait before being able to reapply for a green card or visa, though the judge can place permanent restrictions.

Court appearance
The Immigration Customs and Enforcement's Miami office, which covers Florida, Puerto Rico and the U.S. Virgin Islands, has deported 62,088 immigrants since 2008. Nationally, nearly 400,000 were deported last year, 56 percent of whom were criminal offenders.

The Ibeagwas are set to appear in court today to set a date for their sentencings. Any immigration efforts would have to follow.

"This is a very gray area," said Jovita Ibeagwa's attorney, Thomas Fallis. "Even though the charge is quote manslaughter, there is no violence involved. So there may very well be a good argument for non-deportation."

Should the Ibeagwas be deported, however, their most recent visit to their children's graves may have been their last.

charles.broward@jacksonville.com, (904) 359-4162

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