Thread: New York Court: Deported immigrants entitled to appeals

NY court: Deported immigrants entitled to appeals

Oct 25, 2011 11:43am

ALBANY, N.Y. (AP) — New York's top court says two immigrants who were in the United States legally are entitled to appeal criminal convictions even though they've been deported.

The federal Immigrant and Customs Enforcement Bureau deported Carlos Ventura and Damian Gardner after their convictions.

A lower court then halted Ventura's appeal, saying he was unavailable to fight the case from the Dominican Republican. It also said that Gardner, then back home in Jamaica, wasn't subject to the state court anymore.

The state Court of Appeals on Tuesday ordered both appeals to be considered on the merits.

Ventura was convicted of stealing a car. Gardner was convicted of seventh-degree possession of drugs.

The court ruled in a split decision that there is a "fundamental right to appeal" a criminal conviction.

http://www.necn.com/10/25/11/NY-court-D ... 6dda5d2362

Let them appeal their case after they are deported and out of this country. Make sure they take their kids with them too.