– attorney fears deportation proceedings on the horizon
By Natasha Waldron Anthony
A New York-based Guyanese, an ex-Navy Petty Officer, still does not know if he has the right to remain in the United States as a permanent resident, or if he has to battle deportation proceedings. The 36-year-old resident, and his attorney, Angelo MacDonald of MacDonald law firm, reported to the JFK Deferred Inspection Unit on January 10, 2011, and were told by U.S. Customs and Border Protection officials that the inspection process is still incomplete.
Angelo MacDonald spoke with Guyana Times International following the inspection, and said his client has to return to the JFK Airport in April for continued deferred inspection. “It’s possible that he can go back and be presented his Green Card, but it seems unlikely only because of what they were saying; and I still think that, in some respects, the Border people, they are not the usual people that take people into custody like this. It’s usually like Deportation Officers and Immigration Customs Enforcement guys.”
MacDonald suggests that, since his client’s 2002 criminal conviction for reckless manslaughter or involuntary manslaughter, an appeal was made by the lawyer representing his client at that time, but the appeal was never perfected.
He added that the appeal is still technically pending in the appellate courts, even though it was never acted upon. His belief is that, once the appellate court dismisses the appeal for lack of filing the papers, then the appeal will technically be over. He added that, once the appeal is technically over, the case is done, and they would have the power to act upon the completion of the conviction, because the concern is that the government will put him back into deportation proceedings.
McDonald is quite relieved that his client was given three months’ extension. He said his client is very happy and also relieved, since he was prepared for being taken into custody. He further added that his client has to be on guard, because (officials) have been trying; the fight is not over, and they suspect that they are really in for a fight.
That fight MacDonald is preparing for could be a tough one in an immigration court in the future. Even though he is pleased that his client, whom he described as a “nice guy”, was not taken into custody and has returned to his family and job in the construction industry, he tempers his satisfaction, since he feels his client will be placed in removal proceedings. “Just from experience, my belief is that that’s what the plan is.”
The U.S-based Guyanese has been living here since 1988, and is married to a U.S. citizen.