Ciarán Ferry, a thirty one year old Irish citizen, was arrested by the Bureau of Customs and Immigration Enforcement (formerly INS) on January 30th, 2003. He was attending a formal interview with his wife, Heaven Ferry, in relation to his pending permanent residence application that had been filed a year earlier. The official charge against Ciarán involves overstaying his visa.

The Immigration and Nationality Act, however, is very clear about extending legal status to visa overstayers who are the spouses of U.S. citizens. Under the Bureau of Customs and Immigration Services own regulations, Ciaran was legally in status again when he filed his "green card" application in early 2002. Ciaran's illegal detention by the INS is fueled not by his immigration status in this country, but his past involvement with the Irish Republican Army.
Rather than placing Mr. Ferry in the immigration detention facility, the officers transported Mr. Ferry to FCI Englewood, a federal penitentiary in Littleton, Colorado, where he was held without bond in the "Special Handling Unit"-- normally reserved for violent offenders. "The conditions of his detention are clearly disproportionate to the charges pending against him," claims Jeff Joseph, his immigration attorney.

On February 19, 2003, the Department of Homeland Security approved Mrs. Ferry's immigrant petition on her husband's behalf but still has not rendered a decision on the application for lawful permanent resident status, and has not indicated any intention of doing so. "Mr. Ferry's family deserves an explanation as to why the DHS allows him to work in this country, but will not allow him to be here," stated attorney Joseph.

After his initial immigration court hearing at the BICE detention facility in Aurora, Colorado on February 26, 2003, Mr. Ferry was transferred to the Denver County Jail, where he is currently being held in a high security area. Mr. Ferry has not seen daylight since February 26th and gets one hour of indoor exercise per week. He is routinely strip searched after visits from his wife and young daughter.

Mr. Ferry has protested this ill treatment to the prison and the conditions of his detention are part of the lawsuit that Mr. Ferry has filed in federal court against the government. The Department of Homeland Security has refused to disclose its reasons for holding Mr. Ferry under these conditions or its refusal to adjudicate his residency application, despite the fact that others in Mr. Ferry's position are approved for permanent residency on a daily basis.

Mr. Ferry was imprisoned by British authorities in March of 1993 after two weapons were found in a car in which he was a passenger. He was held for two years before being tried without a jury under the Diplock court system, and sentenced to 22 years in Long Kesh, a special prison in the north of lreland opened in 1976 solely to accomodate Republican and Loyalist prisoners sentenced for political offenses. He spent seven and a half years in the H-Blocks before being released in the summer of 2000 under the Good Friday Accord, brokered by Britain and Ireland with the active involvement of U.S. President Bill Clinton and U.S. Senator George Mitchell.

Ciarán and Heaven Ferry were married in Belfast in August of 2000, and lived there immediately following their wedding. In September of that year, police found Ciarán's personal details and home address on Loyalist death lists, and the couple was given a government grant to secure their flat against gun and bomb attack. Only a few months later, during a visit to Heaven's family in Colorado, the couple decided to stay in the United States to provide a safer life for the baby they had learned they were expecting. Mr. Ferry firmly believes that it would be dangerous to return to Ireland, and to do so would put the lives of his wife and daughter in jeopardy.

Mr. Ferry has requested an asylum hearing with the immigration judge based on a well-founded fear of returning to Ireland, and a hearing on this matter is scheduled for late August. He also filed a Writ of Habeas Corpus and Writ of Mandamus with the District Court on April 7, 2003, arguing that his detention and removal are unconstitutional. Mr. Ferry and his attorney are still awaiting a decision.

Jeff Joseph, counsel for Ciaran Ferry asks, "Can anyone ignore the situation of Mr. Ferry? If forced to return to Belfast, Mr. Ferry, his United States Citizen wife and 2-year-old United States Citizen daughter will be grave danger. In the spirit of the Good Friday Accords, we ask Attorney General John Ashcroft and President Bush to terminate deportation proceedings against Mr. Ferry and grant him his permanent residence in the United States."

http://www.freeciaranferry.com/

Posted on Sun, Nov. 02, 2003

Rally to support deportee set

By Larry Fish
Philadelphia Inquirer Staff Writer

John McNicholl stepped out of his Upper Darby house at 5:30 a.m. on
July 17 to drive to his union job as a sprinkler fitter, as he had
been doing for years.

But on this day, he was seized by four federal agents, taken into
detention, and within hours was put on a plane to Ireland.

He's unlikely to ever see Upper Darby again.

Labeled a member of an Irish terrorist organization by the
Department of Justice, McNicholl had been in this country -
illegally, but trying to obtain citizenship - raising a family for
almost 20 years.

His deportation has aroused Irish and Irish American anger. Many say
it goes against the spirit of the Good Friday agreement of 1998,
meant to bury old animosities and bring peace to Northern Ireland.

McNicholl's supporters will hold a rally for him Saturday at 1 p.m.
at the new National Irish Memorial at Penn's Landing.

His eldest son, Sean, a senior at Upper Darby High School, will
speak. But the rest of the family - another son, a daughter, and
McNicholl's wife of 20 years, Frances, will be with him in Donegal,
Ireland.

"It's not just my husband they deported," his wife, known as
Frankie, said this week by phone from Philadelphia International
Airport as she prepared to board a plane.

To keep the family intact, Frankie McNicholl and the two younger
children, all American citizens, will stay with him in Donegal. Sean
will finish his senior year at Upper Darby.

John McNicholl, now 51 and a native of the British province of
Northern Ireland, was arrested there and accused of a role in the
1976 murder of a member of the Royal Ulster Constabulary. The
authorities said that McNicholl was a member of an outlawed group,
the Irish National Liberation Army, and he was sent to Maze prison.

He didn't stay long; he and other prisoners tunneled out and he fled
to the Republic of Ireland. Ireland declined to extradite him to
Britain, and today he is in little danger of being sent for trial.

John and Frankie McNicholl came illegally to the United States in
1984, and for most of that time they have lived in Upper Darby. He
has always denied any role in the murder or membership in the
Liberation Army.

Frankie McNicholl, like many illegal entrants, eventually got a
waiver for her status and became a naturalized citizen. Her husband
was attempting to go the same route, and he reported every 90 days
to the immigration authorities to renew his work permit.

The deportation action against him started in 1995, with the usual
series of appeals and reviews. The basic charge against him was his
alleged membership in the Irish National Liberation Army.

McNicholl's appeal of his deportation was denied on July 10, seven
days before he was seized, Lance Payne, spokesman for the U.S.
Immigration and Customs Enforcement, said last week, and the
deportation order became official. The Good Friday agreement freed
most "political prisoners," including those who were members of the
Liberation Army, said Dennis P. Heron, a member of the Ancient Order
of Hibernians in Philadelphia. And another man had long since been
convicted of the policeman's murder.

But the deportation case against McNicholl went forward, for reasons
his supporters say they cannot understand. They suggest that the
current administration wants to curry favor with the British and is
eager to be seen deporting anyone who can be called a terrorist.

"He has never done anything against this country," his wife said,
contending that he never got so much as a parking ticket.

"For the Irish American community here in the Delaware Valley and
indeed across the country, it's hurtful and even spiteful" to have
an immigrant who followed the rules to be seized without warning
from a sidewalk and hustled onto a plane, said Thomas Conaghan,
president of the Federation of Irish-American Societies.

Conaghan said the entire family was suddenly left without its
breadwinner, and Irish American groups and his union have pitched in
to help. As do the others, he calls it ludicrous to think of
McNicholl as a terrorist. And he said that the notion of rooting out
long-absent members of groups in Northern Ireland should be fading
as the Good Friday peace process continues.

"It's time to step beyond the blame game," he said.

McNicholl's lawyer, James J. Orlow, called McNicholl's
deportation "a political lynching" and said his case continues in
the U.S. Court of Appeals for the Third Circuit.

Orlow said that the Irish National Liberation Army is not on the
State Department's list of terror groups and that U.S. Attorney
General John Ashcroft arbitrarily and illegally has attempted to add
it. Shortly after McNicholl was spirited away, Orlow said, "John
Ashcroft claimed credit for deporting a terrorist."

Today's rally will be "more like a presence there, a remembrance,"
Conaghan said.

Heron summed up why McNicholl's supporters do not expect to see him
in Upper Darby anytime soon. "Once he's been deported," Heron
said, "we've never gotten a guy back." And Frankie McNicholl, asked
how optimistic she is, said: "Not very. I've lost faith in the
government here."

http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_2405772,00.

...

"The judge called that "a valid excuse" but said the law does not recognize it
as a justification.

Court officials declined to release the ruling without the court
administrator's permission. An excerpt was posted on a Web site maintained by Ferry's
supporters, www.freeciaranferry.com.

A spokeswoman for the Irish American Unity Conference said she was
"disheartened."

"We'll have to work doubly hard to educate America that Irish Americans who
believe their country should be freed from the tyranny we fought against are
not the enemy," Deanna Turner said.

Ferry has been jailed since January when he and his American wife, Heaven,
arrived at a Denver immigration office to meet with authorities about his
request for a green card.

Ferry worries that a return to Northern Ireland will jeopardize his family
because his name appeared on a Loyalist hit list."

...

"Ferry has cases pending in U.S. District Court and in the U.S. Court of Appeals."

For those of you in the following cities and with an interest, here are upcoming events to support Ciarán Ferry.



**********



Detroit, Michigan: November 15 2:00 PM
The Gaelic League, 2068 Michigan Ave. Detroit, MI 48216 Tel: 313-964-
8700 or 313-963-8895 on Michigan Avenue, 4 blocks west of Tiger
Stadium on the north side of Michigan Avenue

************

Chicago, Illinois: November 16, 6:00 PM
Dinner Event at the Six Penny Bit, 5800 W. Montrose Ave.


************

Pittsburgh, Pennsylvania: November 20, 7:00 PM
The Pittsburgh Chapter of the Irish American Unity Conference will
hold an evening with Heaven Ferry on November 20, 2003 at Finnigan's
Wake on Pittsburgh's North Shore. There will be music by local Irish
entertainers and Heaven will address the audience to bring awareness
of Ciaran's plight.

There will be no cover charge but a 50/50 raffle will be held and
donations will accepted. All proceeds will go to Ciaran Ferry's
defense
fund.

The event MC will be Diane V. Byrnes, host of "Echoes of Erin" radio
program on WEDO radio.

For more information, please call Jan Griffith, 412/344-8297.

Concern Mounts Over Detained Derry Man

EX-PRISONER GROUPS and local politicians were last night desperately trying to secure the voluntary deportation of a 44-year-old former republican prisoner from Derry who could face a jail sentence of up to 25 years in the United States after being arrested at Boston Airport.

It is believed that Don Browne was detained after he arrived at Boston Airport on Thursday en route to a family wedding.

Mr. Browne is understood to have been arrested after filling out immigration forms and has been held incommunicado in a Federal Detention Centre ever since.

It is known that the Derry man was due to return to Ireland yesterday.

However, he will now face a detention hearing today and could face charges in the United States which carry a penalty of up to 25 years in prison.

Sinn Fein's Mary Nelis said she had been in contact with the Department of Foreign Affairs over Mr. Browne's detention and was trying to secure his voluntary deportation.

...

"With the present climate in the United States we are aware that Irish people are having increasing problems with immigration so we would hope that Don will be deported without further delay."

Raymond McCartney, of the exprisoners group, Tar Abhaile, said: "We have long campaigned that the records of former political prisoners should not be used as an impediment to them pursuing business or travel.

"To this end we have made numerous representations to the State Department but seemingly to no avail."

He added: "Once again we have a situation where an ex-prisoner is now being held incommunicado in the United States. We are aware that Don has been advised to seek voluntary deportation and we are hopeful that this will happen.

"We will continue to campaign that there should be no restrictions on business or travel for former political prisoners."

http://icderry.icnetwork.co.uk/news/localnews/content_objectid=13635094_method=full_siteid=66002 _headline=-Concern%2DMounts%2DOver%2DDetained%2DDerry%2DMan-name_page.html

You know Spab, this whole Patriot act is bad news. I read a long series of articles in the local papers about middle eastern immigrants forced to return to the land of origin. Some of them were people from Pakistan or other places who lived here for 10 years or more. When they returned it was like they came to a land they no longer knew. Its like you or I taken away from our families and forced to go to some unknown country.

Dear President Bush,

I read the following article on Don Browne from Derry, Ireland:

http://icderry.icnetwork.co.uk/news/localnews/content_objectid=13635094_method=full_siteid=66002 _headline=-Concern%2DMounts%2DOver%2DDetained%2DDerry%2DMan-name_page.html

I understand that this man lied as to his past criminal record and that he is now facing 25 years in prison in the U.S.

I also understand that people on his end in Ireland and Irish-American groups here are requesting for voluntary deportation as a solution.

I would like to put in my suggestion that 25 years is a lot of time for telling a lie and this man is 44 years old. These punishments sound fantastic on paper, but what you are really doing is taking the last part of this man's life by locking him up, time you cannot replace.

My understanding is that whatever bad choices he made in the past and whatever his affiliations 20-25 years ago, choices he has already served his full time for, does not necessarily make him part of any group now nor dangerous in any way to the U.S. He is not wanted for any crime here or in Ireland apart from this mistruth on his paperwork.

Unless you have some proof that this man is still engaged in any kind of terrorism, doesn't it seem somewhat extreme to threaten him with 25 years for telling a lie?

Please let Don Browne go home through voluntary deportation. I do not feel imprisoning this man away from his friends and family for a lie would be making our country any safer and in fact I regard it as sad and unnecessary.

Sincerely,

J.R. xxxxxxx


I strongly urge anyone interested in helping Browne or any of the other men above to use these contacts:

http://www.whitehouse.gov/contact/

president@whitehouse.gov

And to let President Bush know your opinions.

The Department of Homeland Security ("DHS"), under the
authority of Attorney General John Ashcroft, defying a ruling from
the United States Court of Appeals, has laid siege to the home of
Bernadette McAllister and her children, Sean and Nicola, and has
launched a manhunt for her husband Malachy.

On Wednesday, November 19, 2003, Bernadette and her children
were making preparations to celebrate Thanksgiving in the New Jersey
town of Wallington. That was until Bernadette received the shock
decision from the Board of Immigration Appeals that she and her
children were to be stripped of their hard-won status of political
asylum and deported within 30 days back to Belfast. Worse still, her
husband Malachy was in grave danger of being shackled and deported
immediately.

As the McAllisters raced to file their appeals and seek the
protection of the U.S. Court of Appeals for the Third Circuit, around
20 DHS agents surrounded their home in the early hours of Friday
morning, and two agents barged their way into her home looking for
her husband. The last time armed government agents descended on the
McAllister home was in 1988 in Belfast when a pro-British Loyalist
death-squad came to kill Malachy and launched a sustained gun attack
on her children and their grandmother. A federal judge found, as a
result, that Bernadette and the children had suffered "severe
persecution" and granted them political asylum in the United
States.

The Federal agents who raided her home refused to identify themselves
and still have not produced a warrant for her husband's arrest.
Nevertheless they threatened to arrest Bernadette and her children
for "obstruction of justice" when she attempted to serve them
with a
court-stamped copy of her motion seeking a stay of the detention and
removal of her husband.

Despite the fact that the Court of Appeals immediately issued a
temporary stay of removal pending its decision on this case, the DHS
remains staked out at the McAllister home and continues, unlawfully,
to treat Malachy McAllister as a "fugitive" from the very
removal
order which the Court has stayed! More disturbingly, the DHS
continues to threaten Bernadette with criminal arrest
for "obstruction of justice." The irony is glaring. The only
people
in this case obstructing the wheels of justice are John
Ashcroft's
DHS agents.

The McAllister family's case enjoys the widespread support of
many in
the Irish-American community and its media, among groups such as the
Irish American Unity Conference and the Ancient Order of Hibernians,
as well as the support of many Congressional leaders. However, the
family remains in grave danger and we must keep the pressure on until
the siege is lifted.

Call Attorney General John Ashcroft and demand to know why Malachy
McAllister is being treated as a fugitive, and why the DHS are
staking out the McAllister home in the run-up to Thanksgiving, when
their appeal has been accepted by a United States Court of Appeals.
Call your Senator and Representative, and ask that they sign on to a
letter from Stephen R. Rothman (D, NJ; 9th District) instructing the
DHS to allow Malachy McAllister to return home without fear of arrest
and detention.

DEMAND THAT THE SIEGE BE LIFTED NOW!

Hon. John Ashcroft
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Tel: (202) 353-1555

If you wish to send a donation to help defray the legal costs
in what may be an extensive legal battle, please make checks payable
to Smith Dornan & Shea PC, mark as "McAllister Legal Defense
Fund",
and send to:

Smith Dornan & Shea P.C.
355 Lexington Avenue, 17th Floor
New York, NY 10017
Tel: (212) 370-5316
Fax: (212) 370-7174

Press Release: November 22, 2003
Contact information: Eamonn Dornan, Esq., edornan@sds-law.com, (212)
370-5316

I hope you support Jakiw Palij staying in America as well :)

Originally posted by Chris
I hope you support Jakiw Palij staying in America as well :)

Start your own support thread Chris. But I think you will find we may have a common interest in stopping abuses by Homeland Security.

spab

...That day, Malachy and Bernadette McAllister, who are here with their two children on political asylum from Northern Ireland since 1988, were told by the immigration authorities that they were being stripped of their political asylum status and deported within 30 days to Belfast. The husband did not even have that much time. He was to be arrested and deported immediately.

...

First, Bernadette Devlin was arrested at Chicago airport because of her politics in Northern Ireland. Just about nobody protested.

Then John McNicholl, after living and working here for 20 years, and raising a family, was ordered deported last July.

On Nov. 13, Donald Browne, 44, Damien McCafferty, 35, and David Curtis, all from the city of Derry in Northern Ireland, were aboard British Airlines flight 215 from London to Boston. They signed immigration forms that asked if they ever had been convicted of a crime of moral turpitude. Good Lord, never. How could you ask that of me?

When the plane landed, agents of the U.S. Attorney's Anti-Terrorist unit, the Immigration Customs and Enforcement in New England, Field Operations of Customs and Border Protection and also the FBI waited on the ground to arrest them for marking the wrong box on their forms. The charge is "Conspiracy and making false statements on an immigration document." The crime on their records was in Northern Ireland in 1997 and the sentence was probation. Almost no Catholic of their ages in Northern Ireland has not been convicted of something.

In Denver on Nov. 17, Ciaran Ferry had his appeal denied by an immigration judge who misread an old Northern Ireland court report and concluded that while in Northern Ireland Ferry had committed "serious non-political crimes." His asylum was denied.

And now the Bush government has a new extradition treaty with Britain up for Senate confirmation that calls for the detention and deportation to Britain of any citizen or resident of the United States without any probable cause, with only the barest show of unsupported allegations.

...

http://www.newsday.com/mynews/ny-nybres253558787nov25,0,496509.column

homeland security, and the patriot act were 2 of the worst things ever passed in this country. hope your guy gets out.:)

Originally posted by loudin1
homeland security, and the patriot act were 2 of the worst things ever passed in this country. hope your guy gets out.:)

Thanks loudin1.

Finally got an address for Ashcroft:

John Ashcroft
The Office of The United States Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

j

send the f*cker a "small" message.;)

Originally posted by loudin1
send the f*cker a "small" message.;)

:nice:

I've been in a letter writing frenzy. Getting back all the usual form letters :rolleyes:

But perhaps if enough of us write, it might help some. I think apathy gives them more power. These new things, like Patriot 2 are going to bite Americans in the butt in unexpected ways as well, so it would be in everyone's best interests to make some noise, my opinion. :)

It's a little weird to have mail from President Bush in your email box :eek: even if it is a form letter.

If you write at all and just pick one, try to write on behalf of Don Browne. I am very concerned on his behalf being as he faces not deportation, but federal prison for 25 years.

spabbo

sounds like a plan. when people finally realize what the patriot act is actually doing, and how the ass face administration has been getting people.. do you think that people will say something?
i mean really... if you protest you are not an american these days. we are going towards a fascist regime!!!!!!!!!!!!!!
just venting.. sorry spab:(

Originally posted by loudin1
sounds like a plan. when people finally realize what the patriot act is actually doing, and how the ass face administration has been getting people.. do you think that people will say something?
i mean really... if you protest you are not an american these days. we are going towards a fascist regime!!!!!!!!!!!!!!
just venting.. sorry spab:(

I'm glad you are venting here. You are more than welcome.

It's nice to know that not every American is either totally apathetic or totally and short-sightedly self-centered.

It's interesting that it's the Republican regime that is systematically stripping Americans of their rights and freedoms.

He lied on his papers. He's no better than the former Nazis that are deported for trial on a weekly basis.

Overstaying your visa is a crime.

Originally posted by Potyondi
He lied on his papers. He's no better than the former Nazis that are deported for trial on a weekly basis.

:| He's not wanted for anything. Hardly the same as fugitives from justice, nor particpants in genocide.


Originally posted by Johnson
Overstaying your visa is a crime.

:rolleyes:


And NO ARGUING in support threadz!!!!

Besides, you two know you love Irish. And you know why~ :)

Johnson don't make me kick your ass lol..
don't interfere with spab's work!!!!
how long does it take for them to respond spab?..and i hope that there are more people out there who won't cow down to this crap!!! bah!!!!!
you are right spab:)

Originally posted by loudin1
Johnson don't make me kick your ass lol..
don't interfere with spab's work!!!!
how long does it take for them to respond spab?..and i hope that there are more people out there who won't cow down to this crap!!! bah!!!!!
you are right spab:)

If you send email they typically respond with an immediate auto-response done by a program. I don't when they actually read them if they do at all.

If you send snail mail, it takes a bit longer but you do usually receive a form letter. :) I don't think they read those either.

:|

i sent one away:)
no more.. BUSH-IT :D:D

http://www.petitiononline.com/iauc2003/petition.html

Relief for Irish Deportees and Political Prisoners in the US

...

"Many of these individuals were convicted by a British Diplock court, an invention of the British state, designed to maximize the conviction rate of Irish political defendants. These courts were complete with case-hardened judges and sealed court rooms. A defendant who found themselves at the mercy of such a court had inadequate or non-existent legal representation and was subjected a juryless trial. These courts stood in direct contravention of the presumption of innocence standard that is the hallmark of a fair and impartial judicial system, one that we’re used to here in America. Many of these individuals were released in accordance with the letter and spirit of the almost-dead, 1998 Good Friday Agreement, brokered, in large part, by the United States, the very country that now seeks their deportation and ultimate demise at the hands of still-active Loyalist paramilitary organizations."

At least in one case!

"Malachy McAllister responded to the request from the Bureau of Immigration
and Customs Enforcement (BICE) office to appear at 8 a.m. this morning with his
bags packed ready for deportation.

The specific terms are being discussed right now but the BICE are planning on
releasing Malachy for now pending his appeal. It is unclear but he may have
had to surrender his passport along with his wife's in order to be released.

After I spoke with Congressman Rothman's office this morning and upon him
connecting with Carol Russell at the rally, the Congressman dropped everything he
was doing and drove to the Hemisphere Center Building the minute he heard
about the surrender and is speaking with the Bureau of Immigration and Customs
Enforcement office and Malachy's attorney now.

Major news coverage is taking place by NBC, CBS, ABC and CNN. A news
conference with Malachy is scheduled soon.

Representatives from the Irish American community are fully present and are
carrying flags representing the United States and Ireland.

The event this morning went from anger, frustration and fear to now tears of
joy and smiles all around.

Deanna Turner
Irish American Unity Conference

vive le spab

December 1, 2003

IAUC Members,

Malachy McAllister called tonight and wanted me to extend his thanks and
appreciation to the members of the IAUC for all that you've done to help him
today.

He said, "It has been a real roller coaster week or so for myself and my
family but thanks to the IAUC and other Irish American organizations that have
stepped up to the plate. It really made a difference, there is no question about
it. You've been wonderful and supportive and hopefully we can do it now for
Ciaran and get him out of there. I'm thinking of the other deportees and lets
keep the fight going. Bye for now. Slan go foill."

-------------------------------

ACTION ITEMS:

- To keep up the fight, please continue to call, write and fax members of
Congress asking them to sign Dear Colleague letters in support of the Irish
Deportees. Thank those especially that have helped with Irish issues in the
past.

- Visit the Ciaran Ferry website for more information on his case:
http://www.freeciaranferry.com

- Sign the petition to support the deportees:
http://www.petitiononline.com/iauc2003/petition.html

- Voice your opposition to the US/UK Extradition Treaty to the Senate.
http://www.iauc.org/extraditiontreaty.htm

- Contact the President Bush Re-Election Campaign and voice your concern on
how Irish immigrants are being treated:

BUSH-CHENEY '04, Inc.
P.O. BOX 10648
Arlington, VA 22210
Phone: 703.647.2700
Fax: 703.647.2993
Email Address: BushCheney04@GeorgeWBush.com

- Ask the 2004 Presidential Candidates to respond to the Irish issues
questionnaire
http://www.iauc.org/camp2004.htm

-------------------------------

Deanna Turner
Irish American Unity Conference
#248-661-6989

For any who have been paying attention, or like Loudin1 have helped by writing, we are now 2 for 4 so far:

Donald Browne, Damien McCafferty, and David Curtis will NOT be facing prison time and will be allowed to return to Ireland.

Keep it up guyz, every little bit helps.

http://icderry.icnetwork.co.uk/news/localnews/content_objectid=13730790_method=full_siteid=66002 _headline=-No%2DFlight%2DHome%2DFor%2DDetained%2DDerry%2DMen-name_page.html

...

At their hearing all three pleaded guilty and were sentenced to time served and ordered deported to Ireland. Each of the three was also placed on supervised release for three years.

Following the hearing the three were handed over to the immigration authorities to organise their deportation."

...


It's still unfair because according to the Good Friday agreement WE as a nation helped to broker, these men were not lying when they stated no criminal record. Political convictions from biased Diplock courts weren't supposed to be considered "criminal".

However, at least they aren't going to serve 25 years in American federal prisons and allowing them to return home is more important than making that point, especially to the individuals involved, since they agreed to trade off minor guilty pleas to go home.

Today marks the 365th day that Ciarán Ferry has been detained
under the authority of the Department of Homeland Security, after being arrested for allegedly overstaying his visa.

Mr. Ferry held a valid Work Authorization Card from the immigration service at the time of his arrest, and was in the process of obtaining legal permanent residence in the United States as the spouse of a American citizen. Before settling in the United States, Ciarán spent seven years in Ireland's infamous Long Kesh prison for involvement with the Irish Republican Army. In July, 2000 he was released as a political prisoner under the terms US-brokered Good Friday Peace Agreement.

Although 365 days have passed since his arrest, Ciarán has yet to
be given a bond hearing to ascertain whether he is eligible for release on bail. A habeas corpus petition regarding his illegal detention has been languishing in the Colorado District Court since early June, 2003.

This week, the Consul General of Ireland, Donal Denham, traveled from the Irish Consulate in San Francisco to visit Ciarán in Golden, Colorado, where he is currently incarcerated at the Jefferson County Jail. We are very pleased that Mr. Denham was able to meet Ciarán personally and gain a better understanding of his case and the conditions of his detention – which include nine months spent in solitary confinement. We also hope that the involvement of the Irish government will better assist Ciarán in obtaining the rights to which he is entitled under the US Constitution, including a bond hearing at which he is able to present evidence in his favor and demonstrate that he is neither a threat to the community not a flight risk.

Please take this opportunity to contact the Irish Consulate and thank them for their assistance and continued support of Ciarán Ferryand his family.

Mr. Donal Denham
Irish Consulate General
100 Pine St., 33rd Floor
San Francisco, California 94111
Phone: (415) 392-4214
Fax: (415) 392-0885
Email: irishsgsf@aol.com

Derry 'Deportees' To Return Home 'Within Weeks'

THREE Derry men detained in the United States for the past two months by the Bureau of Immigration and Custom Enforcement will return home within weeks, it's been revealed.

In November, Don Browne, David Curtis and Damien McCafferty, were detained after arriving at Boston's Logan Airport on a flight from London.

Their stated reason for visiting the US was to attend a wedding.

The three were hit with immigration fraud charges as a result of not revealing prior convictions on visa-entry waiver forms.

At a subsequent hearing, all three pleaded guilty to the charge of "fraudulent use of a visa" and were sentenced to time served and ordered deported to Ireland.

It was revealed at the weekend that separate release dates have been announced for the three men.

It's believed Don Browne will be flown home on February 12.

Derry MP John Hume said he was delighted that the three men had been issued with release dates.

"I know that their detention has caused some concern and frustration for the families involved, but their ordeal is now coming to an end," he said.

"I would like to acknowledge the assistance of the office of Senator Edward Kennedy in Washington DC for all of their help in moving this issue forward with the authorities in the United States.

"I am sure that this will be welcomed by the entire community here in Derry."

http://icderry.icnetwork.co.uk/news/localnews/page.cfm?objectid=13862488&method=full&siteid=66002

Originally posted by SpabSFW
The Department of Homeland Security ("DHS"), under the
authority of Attorney General John Ashcroft, defying a ruling from
the United States Court of Appeals, has laid siege to the home of
Bernadette McAllister and her children, Sean and Nicola, and has
launched a manhunt for her husband Malachy.


Received notice Bernadette McAllister has passed away.

"To all,
It is with sadness that I write this email. Bernadette McAllister, wife of Malachy, succumbed to cancer this morning. Bernie put up a strong fight the past couple of weeks, just as she did when government agents stormed her home this past November.

Please pray for her soul, Malachy and the children. There are two teenage children at home. "

Until Death or US Immigration Services Do Us Part
By Francesca Ryan
Irish Herald

Irish detainee, Ciaran Ferry, has lost his appeal on a previous immigration
court decision denying him political and religious asylum in the United States.
Ferry, who has been in prison in Colorado since January 2003, also had his
application for a re-determination of his custody status refused by the Virginia-
based Board of Immigration Appeals (BIA).
The Belfast born man had been living legally in the US with his wife and child-
-who are both American citizens--when he was called for a green card
interview. He was arrested at the interview by immigration officers who
ordered that he be deported. Immediate deportation would have banned him
from visiting the US for 10 years. Ferry opted to go to prison to fight the order
and remain in the US with his wife, Heaven, and his daughter Fiona.
Last November, the lesser court immigration judge, James Vandello, found
Ferry ineligible for asylum due to a previous conviction for a "serious" non-
political crime in Belfast and went on to state that Ferry's application for
asylum was filed too late. In its' ruling in May, the BIA did not add to Vandello's
verdict but simply agreed with it.
Neither the BIA nor Judge Vandello made any reference to the question of
whether Ferry has been illegally imprisoned by the US government for almost
18 months, a noted absence that was met with criticism by Ferry's lawyer,
Eamon Dornan: " The Board point-blank refused to consider the question as
to whether or not Ferry is being unconstitutionally detained."
Reports that Ferry was living illegally in the US have been vehemently
rejected by Heaven Ferry who spoke to The Irish Herald.
"Ciaran had applied for his green-card and received a temporary work permit,
which enabled him to work one year, he was totally legal," she said.
The two primary options being pursued by Ferry's lawyers now include an
appeal of the decision made by both legal entities to the Tenth Circuit Court in
Colorado and a writ of Habeas Corpus that was filed three months after Ferry
was detained. Heaven Ferry highlighted the importance of the latter
alternative.
"The writ of Habeas Corpus is essentially what is keeping Ciaran in the
country, the government cannot remove him until it has been ruled upon".
This is due to the fact that Ferry must be present at all hearings under the writ.
Ferry, who hails from the Lenadoon area in West Belfast, was arrested in
1993 for an IRA related offence, after two weapons were found in a car in
which he was a passenger. He was sentenced to 22 years in prison but was
released in 2000 under the terms of the Good Friday Agreement and married
Heaven in August of the same year.
After living in Belfast for a while, the couple learned that Ferry's name was
found on a loyalist death list, they fled Ireland for the US where Ferry began
the process to gain permanent resident status. In 2001, Heaven gave birth to
their daughter, Fiona, who will be three this month and has already spent half
of her young life without her father.
"It's a very confusing time for Fiona, she had a routine with her father but that
has all changed in the last 16 months," Heaven told the Herald.
She expressed her gratitude for the support she has received in Ireland and
the US. "The support in Ireland is huge and whilst Denver only has a small
Irish community, there have been rallies in support of Ciaran's situation."
The similar situation of another Belfast man living on the East Coast has
attracted the attention of Mrs. Ferry. "The case of Malachy Mc Allister is a class
act to follow and hopefully could set a precedent for us."
The recent legal blow would dishearten the staunchest supporters but
Heaven is not ready to throw in the towel anytime soon. "We're getting tired
but we're not about to give up on Ciaran's release. God knows we deserve it."
Ferry's situation is in a stream of deportation cases that have rocked Irish
communities all over the US since 9/11.
The former INS and its' successor, the Bureau of Immigration and Customs
Enforcement, have been cracking down on the undocumented Irish, and, as
Ferry's case proves, they are showing no mercy even when people do have
their papers in order.
More information on the Ferry case is available at
www.freeciaranferry.com
--- End forwarded message ---

Until Death or US Immigration Services Do Us Part
By Francesca Ryan
Irish Herald

Irish detainee, Ciaran Ferry, has lost his appeal on a previous immigration
court decision denying him political and religious asylum in the United States.
...

What exactly was the IRA related crime they found him guilty of after he got stopped in that loaded car?

M.

Mr. Ferry was imprisoned by British authorities in March of 1993 after two weapons were found in a car in which he was a passenger. He was held for two years before being tried without a jury under the Diplock court system, and sentenced to 22 years in Long Kesh, a special prison in the north of lreland opened in 1976 solely to accomodate Republican and Loyalist prisoners sentenced for political offenses. He spent seven and a half years in the H-Blocks before being released in the summer of 2000 under the Good Friday Accord, brokered by Britain and Ireland with the active involvement of U.S. President Bill Clinton and U.S. Senator George Mitchell.

Mr. Ferry was imprisoned by British authorities in March of 1993 after two weapons were found in a car in which he was a passenger. He was held for two years before being tried without a jury under the Diplock court system, and sentenced to 22 years in Long Kesh, a special prison in the north of lreland opened in 1976 solely to accomodate Republican and Loyalist prisoners sentenced for political offenses. He spent seven and a half years in the H-Blocks before being released in the summer of 2000 under the Good Friday Accord, brokered by Britain and Ireland with the active involvement of U.S. President Bill Clinton and U.S. Senator George Mitchell.

Wow, Ok. It was at first ambiguous as to whether he was sentenced to 22 years simply because he was in a car that had two weapons in it, or whether that was simply what got him arrested, and further charges were brought up against him...
So you are saying there were no further charges? The 22 years were dished out solely on the basis of his passenger status in that car?

This is so reminiscent of how the Panthers were treated by the American 'Justice' system...

M.

My take on the conflict has been that it is about civil rights issues, moreso than about a united Ireland. WITH civil rights, all that can be determined later by democratic vote according to the desire of the entire population.

Great Britain currently STILL maintains more troops in NI than in Iraq. :|

We are working our way in this country to Diplock courts, internment and prison abuse that is "justified" by the 'threat' of dissent with policy. We are taking our lessons from the the British treatment of the Irish. Perhaps Ashcroft should see just how poorly that has worked for the British and re-consider. It's a fine way to create resistance among people who would normally be apolitical. :|




You know Bernadette Devlin was an Honorary Panther. :)

http://www.post-gazette.com/pg/04192/344406.stm

Today, Joe Black was supposed to be a lector at his niece's wedding in Crafton.

Instead, he's sitting in a federal prison in Philadelphia, a man transformed by America's post-9/11 obsession from a reader of the Epistle into a prayer for intercession.

Here's how an innocuous man, once caught up in the violent politics of a place where violence and politics were long indistinguishable, ended up in jail on his way to church.

Joseph Henry Black, 47, of Belfast, Northern Ireland, arrived around 3 p.m. Wednesday at Philadelphia International Airport via a British Airways Flight. With him were his wife, Geraldine, their son, two daughters and one daughter's boyfriend.

"We got down the ramp and there were policemen there. They just asked us to show our passes. We showed our boarding passes. One young fellow said, 'That's it. We got them,' " Geraldine Black said yesterday.

What agents of the Joint Terrorism Task Force got was a middle-aged home remodeler with a past. Nearly 30 years ago, he was a soldier in Company D of the Irish Republican Army. Black was arrested at 20 for kneecapping -- firing a shot through the knees of a Belfast man who had run afoul of the IRA.

Three years missing from his life, Black left Long Kesh prison and the IRA simultaneously and got on with the life that this week was interrupted at the foot of the boarding ramp in Philadelphia.

"We didn't know what was happening until one of the policemen explained it to me. He said, 'We have information that your husband served time.' I said, 'Yes, 28 years ago,' " Geraldine recalled. "I said 'Is there not a cutoff period?' "

It is hard to tell if there is a cutoff period. I have personally met with former IRA men who breezed through American airports in recent years. One of them, Alex Maskey, was on an official stop as lord mayor of Belfast. During his Pittsburgh visit, Maskey showed off photos of his former cell in Long Kesh, a prison now closed.

Two things are clear about Joe Black's arrest. The first is that he signed an immigration form with two important boxes checked off falsely. The first, Question B, asked if he'd ever been convicted of an offense or crime involving moral turpitude. Question C asks if he has ever been or ever was involved in terrorist activities.

"I filled out the form," Geraldine Black said yesterday. "I filled it out. I just picked 'no' to everything and had them sign," she said. "I did the same for all the kids. I filled everybody's out. It's my fault."

Joe Black's problem is that he didn't bother reading the form. He just signed it, right below the line that certifies, among other things, that he has read the form.

The other thing that is clear is that whatever Joe Black signed on that form wouldn't have mattered. Federal agents -- Geraldine counted six in all -- were waiting at the foot of the ramp well before anybody was handed his immigration declaration.

"After 9/11, the message from America was 'Give us every single one of your intelligence files on everybody,' " said his brother-in-law, Sean McClorey, father of the bride. "They had to know."

What prosecutors also know is that now that they have him charged with giving false information, Joe Black has no room to plead for a deal. Last year, Attorney General John Ashcroft, himself a man fond of reading Scripture, issued a diktat to the offices of U.S. attorneys around the nation telling them that there was to be no more bargaining on charges when they had someone firmly nailed. The office in Philadelphia, headed by U.S. Attorney Patrick Meehan, follows it slavishly.

Before leaving Philadelphia for the final leg of the journey, Geraldine Black displayed an optimism the agents must have found startling. The Irish assume that when they are not wanted, they will be ejected forthwith. Under federal procedure, Joe Black will linger in jail as long as a month even to plead guilty, and up to another three months before he's deported.

...

It was looking like they were going to release Joe Black this week, but not anymore.

Update:

http://www.belfasttelegraph.co.uk/news/story.jsp?story=544278

24 July 2004
A FORMER IRA member is to remain in a Pennsylvania jail after a judge refused to release him on charges of trying to disguise terrorism convictions on a US immigration form.

The family of 46-year-old Joseph Black expressed anger at yesterday's decision and said that the detention was totally unnecessary.

Court documents said that Black had been a member of the D Company of the Belfast IRA and that he served three years in prison in the 1970s for IRA membership and for a kneecapping.

The Pennsylvania judge ordered that Black remain in jail until US officials draft a pre-sentencing report on Black's crimes in Belfast and the reasons for his entry into the US.

It is likely that Black will be sent back to Ireland after the judge considers the report.

Black was arrested last Wednesday week after he flew into Philadelphia for his niece's wedding. After initial questioning by the FBI's joint terrorism task force he was handed over to Immigration and Customs Enforcement.

He has travelled to the US with his wife and three children and had been expected to deliver a reading at his niece's wedding in Pittsburgh.

After yesterday's hearing, his US-based brother-in-law, Sean McClorey, said that the family had expected that Black would be either released or sent back to Ireland.

"This has cast a shadow over my daughter's wedding and compromised Joe's business back in Belfast.

"It is totally, totally unnecessary Mr McClorey said.

Mr McClorey said that his brother-in-law had not rejoined the IRA after his release from prison and had never shown any support for dissident republicans.

He accused the US authorities of using the case to grab anti-terrorism headlines.

...

In a final, Kafkaesque twist to his longrunning battle against deportation from the U.S., Belfast man Ciaran Ferry was prevented from leaving the country last week by law enforcement officials. And this even as he was in the process of being deported under armed federal escort.

Ferry's flight fiasco began after he reached a deal with federal prosecutors.


The former IRA man agreed to end his appeal against deportation if he was able to get a flight back to Ireland in time for Christmas.


Ferry's journey back east began smoothly enough. Escorted by U.S. marshals, he was placed on a plane out of Denver bound for Newark in New Jersey. The flight landed at Newark where Ferry was to be transferred to a Continental Airlines flight to Dublin. However, the wheels came off the flight plan at this point.


According to Ferry attorney Eamonn Dornan, airport security officials boarded the plan and ordered Ferry's removal.


"Ciaran was under armed escort by U.S. marshals, but the security officials said he couldn't fly because his name was on the no-fly list," Dornan said.


The presence of the federal officers did not assuage the officers, described by Dornan as being from the New York/New Jersey Port Authority. Ferry was taken from the plane and confined for the night at the Hudson County jail. Federal agents managed to sort out the situation the next day and Ferry finally flew to Ireland on Wednesday night, Dec. 23. He was freed upon arrival in Dublin and was able to spend Christmas with his family in Belfast.


Meanwhile, Ferry's wife, Heaven, who is a U.S. citizen, and the couple's American-born daughter, Fiona, spent Christmas in Colorado with family members. They are both expected to join Ferry in Ireland in the new year.


Last month, a Colorado judge denied Ferry's habeas corpus plea, which had been before the court for 19 months.


Ferry had argued that his detention violated due process and his right to equal protection. He said he was denied his rights because he was prevented from having a green-card hearing following his marriage to Heaven.


Ferry has been jailed since Jan. 30, 2003. He was detained when he turned up for the green-card interview with his wife...

In a final, Kafkaesque twist to his longrunning battle against deportation from the U.S., Belfast man Ciaran Ferry was prevented from leaving the country last week by law enforcement officials. And this even as he was in the process of being deported under armed federal escort.

Ferry's flight fiasco began after he reached a deal with federal prosecutors.


The former IRA man agreed to end his appeal against deportation if he was able to get a flight back to Ireland in time for Christmas.


Ferry's journey back east began smoothly enough. Escorted by U.S. marshals, he was placed on a plane out of Denver bound for Newark in New Jersey. The flight landed at Newark where Ferry was to be transferred to a Continental Airlines flight to Dublin. However, the wheels came off the flight plan at this point.


According to Ferry attorney Eamonn Dornan, airport security officials boarded the plan and ordered Ferry's removal.


"Ciaran was under armed escort by U.S. marshals, but the security officials said he couldn't fly because his name was on the no-fly list," Dornan said.


The presence of the federal officers did not assuage the officers, described by Dornan as being from the New York/New Jersey Port Authority. Ferry was taken from the plane and confined for the night at the Hudson County jail. Federal agents managed to sort out the situation the next day and Ferry finally flew to Ireland on Wednesday night, Dec. 23. He was freed upon arrival in Dublin and was able to spend Christmas with his family in Belfast.


Meanwhile, Ferry's wife, Heaven, who is a U.S. citizen, and the couple's American-born daughter, Fiona, spent Christmas in Colorado with family members. They are both expected to join Ferry in Ireland in the new year.


Last month, a Colorado judge denied Ferry's habeas corpus plea, which had been before the court for 19 months.


Ferry had argued that his detention violated due process and his right to equal protection. He said he was denied his rights because he was prevented from having a green-card hearing following his marriage to Heaven.


Ferry has been jailed since Jan. 30, 2003. He was detained when he turned up for the green-card interview with his wife...
Typical immigration Snafu... and its just the tip of the ice berg...

Reminds me of a similar case...

http://66.70.179.69/forums/showthread.php?t=68470