Thread: FL-couple legal immigrants, but face deportation to Haiti

Fort Lauderdale couple legal immigrants, but face deportation to Haiti
By Luis F. Perez | South Florida Sun-Sentinel
September 12, 2008
A Haitian couple found guilty of child abuse for giving their baby a vodka-laced elixir that resulted in her death face deportation even though they're legal immigrants.

It's the second high-profile case in 10 months where Immigration and Customs Enforcementhas detained a legal Haitian immigrant who was tried and released by a criminal court.

"They went through the legal system and paid their dues," said Francois Leconte, president and CEO of Minority Development and Empowerment Inc., a group that works in the Haitian community. "For the federal government to come out of nowhere and try to send them back is really double punishment. This really doesn't reflect the values of this country."

Mardala Derival, 24, and Mackenson Dantus, 27, of Fort Lauderdale, were charged with manslaughter after a home-made fever remedy killed 3-month-old Makeisha Dantus in 2004. The jury acquitted them of that charge, but found them guilty of felony child abuse, punishable by up to five years in prison.



The judge sentenced them to five years probation and withheld adjudication, meaning that if they stay out of trouble the conviction won't appear on their record.

The day after the Sept 3 sentencing, ICE put an immigration hold on Derival, which prevented her release from the Broward County Jail. Earlier that same day, though, jail officials released Dantus before ICE could put a hold on him.

"It stinks of retaliation in the worst way," said Michael D. Weinstein, Derival's defense attorney, adding that he suspects someone from the prosecutor's office called immigration officials after they failed to win the manslaughter conviction.

"Absolutely not," said Ron Ishoy, a spokesman for Broward State's Attorney Office.

Deportation proceedings against the couple follows ICE's attempt to deport Lyglenson Lemorin, a 20-year legal resident, after he was acquitted of all charges in the Liberty Seven terrorism case in Miami. An immigration judge is expected to rule in several weeks.

Nicole Navas, an ICE spokeswoman, said the agency is holding Derival "pending completion of her immigration removal proceedings." She said Department of Homeland Security's privacy policy prevents further ICE comments.

Linda Osberg-Braun, president of the American Immigration Lawyers Association South Florida Chapter, said federal law allows the deportation of legal immigrants if they have been found guilty of a crime, even if a judge withholds a formal conviction. Last minute holds on immigrants in jail are nothing new, she said.

"I've seen the government slap on [holds] five minutes before they're about to walk," Osberg-Braun said.



Luis F. Perez can be reached at lfperez@SunSentinel.com or 954-356-4553.



http://www.sun-sentinel.com/news/local/ ... 7262.story

Criminal legal immigrants get deported every day.

"Criminal legal immigrants get deported every day." and that's great