Legal Commentary

Bush Moves to Deport Legal Resident Acquitted in Terror Case

By Jeralyn

The Bush Justice Department at work again.

Lyglenson Lemorin, age 33, came to the U.S. from Haiti as a child. He is a legal resident of the U.S. He hasn't been to Haiti in 20 years.

He was acquitted by a federal jury of any wrongdoing in the Justice Department's hyped prosecution of the Miami Liberty 7 -- another case that went after a bunch of sad sacks who may have been bumbling terror wannabes but had no ability to carry out a terror threat even if that was their desire.

The Justice Department is now trying to deport Lemorin back to Haiti -- for the same conduct for which he was acquitted. In other words, a legal resident who grew up here and was acquitted by a jury after the Government had its chance to take its best shot and failed is now facing removal from the United States. He never even saw a day of freedom after the acquittal.

That's the Republican way of doing things and why it must end in November. [More...]

Yet more than two months after his acquittal on charges of supporting terrorism, Lemorin remains incarcerated, and U.S. immigration officials are moving to deport him to Haiti, which he left more than 20 years ago. Officials are asking an administrative judge to order his deportation based on the same charges that the jury dismissed.

The government's effort to punish Lemorin despite the acquittal is drawing fire from his attorneys and some legal observers as an attempt to seek retribution in a high-profile case that prosecutors lost after a fair trial.

This isn't someone who entered or remained in the country illegally. This is a lawful permanent resident.

"It's not just double jeopardy -- it's sour grapes," said Lemorin's criminal defense attorney, Joel DeFabio. "It's a mind set at the Department of Justice: 'We don't lose -- and if we can get you another way, we will.' "

..."He's no more a Haitian than the Good Humor man," said Charles Kuck, a lawyer representing Lemorin in immigration court.

Full post as published by TalkLeft on March 02, 2008 (boomark / email).