http://www.bradenton.com/mld/bradenton/15327443.htm

Posted on Mon, Aug. 21, 2006

Man cleared of rape by DNA finally gains immigration release

CURT ANDERSON
Associated Press

MIAMI - A Cuban-American man cleared of a 1982 rape by DNA evidence finally won release Monday from federal immigration custody after his lawyers reached an agreement with U.S. authorities to end nearly three months of legal limbo.

"I will start my life anew," Orlando Boquete said in an interview shortly after walking out alone from the Krome Detention Center outside Miami. "Anything that happens will be good. Nothing bad can happen to me."

Boquete, 52, was initially cleared of the Key West rape in May, but he was taken into immigration custody immediately because of other crimes he allegedly committed after escaping from his wrongful imprisonment. Boquete came to the United States from Cuba in 1980 during the massive Mariel boatlift.

After leaving the detention center, Boqete told reporters that state and fed officials had misspelled his name as Bosquete for years on official documents. He said the proper spelling of his name is Boquete.

Under the agreement with U.S. Immigration and Customs Enforcement, his lawyers said Boquete will get "deferred action" on a final order of deportation, meaning that he can remain free in the U.S. as long as he adheres to several conditions such as regular reporting to immigration authorities.

"It's an act of kindness, if we could call it that," said Boquete's attorney, John Pratt. "He more than served his time. You would think that would be enough."

ICE spokeswoman Barbara Gonzalez confirmed the agreement. Boquete was released shortly before 6 p.m. from Krome, walking out alone to meet with waiting reporters. Pratt arrived a few minutes later, and family members were en route from Marathon.

"It was a surprise," Boquete said. "I feel happy. I feel good I'm free now."

Lawyers for the New York-based Innocence Project, which advocates for use of DNA evidence to free wrongly convicted people, worked at high levels in the U.S. government to resolve Boquete's case.

"It's a very bittersweet day. We think he should have been released three months ago," said Nina Morrison, an Innocence Project attorney.

Boquete was serving a 55-year prison sentence before the DNA evidence found by the Innocence Project proved that he did not commit the rape for which he was convicted.

But Boquete had escaped twice from prison, once remaining on the run for 10 years and allegedly committing several crimes including dealing in stolen property and illegal firearm possession. Because of those charges, ICE took him into federal custody and sought a deportation order even though the U.S. rarely deports Cubans back to their communist home country.

Under U.S. immigration policy, most Cubans who reach American shores are permitted to stay, while those caught at sea are returned home. Pratt said Boquete could eventually apply for permanent legal status if he stays out of trouble for the next few years.

Boquete's lawyers initially fought a deportation order out of concern that U.S. policy toward Cuba could change if the Havana government changes. That issue recently gained new urgency when President Fidel Castro temporarily relinquished power to his brother, Raul, after undergoing serious abdominal surgery.