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Canada government orders deportation of female US soldier who avoided Iraq service

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Former US Army Pfc. Kimberly Rivera who fled the US for Canada after serving in Iraq announced Wednesday that the Canadian government had ordered her deportation. She, along with her husband and children, had sought asylum on humanitarian grounds to avoid a second tour in Iraq. Immigration Minister Jason Kenney defended the practice of deporting military deserters, distinguishing between draft dodgers and people who join the military voluntarily and later defect. Rivera, the first female US soldier to flee to Canada, could face a court-martial and up to five years in prison upon her return to the US. Canada's House of Commons in June passed a non-binding resolution to grant US military deserters asylum, which the Conservative party minority government has ignored. In September, the Canadian Federal Court granted a last-minute stay of removal for US Army deserter Jeremy Hinzman, after hearing about errors in the assessment of hardships he and his family would face in the US. In August, a US military judge in Colorado sentenced US Army Pfc. Robin Long, who had been denied asylum in Canada, to 15 months in prison, dishonorable discharge and demotion after Long pleaded guilty to desertion with intent to remain away permanently. In November 2007, the Supreme Court of Canada declined to hear the appeals of two US military deserters who sought refugee status within the country.

Full post as published by JURIST - The Paper Chase on January 08, 2009 (boomark / email).