Deportation and Re-entry

Recently I represented a client who re-entered the United States after being previously deported and I was able to help him overcome the charge and obtain his freedom from Federal detention.  I am now suing for money damage. His story is rather unique and rare in Immigration law. The Obama Administration deported over 400,000 persons in 2014 and almost all re-entry aliens were and are deported. My client however had an ace up his sleeve that the federal prosecutors failed to grasp until it was too late for them. Deported for a Narcotics violation my client re-entered the United States soon after his deportation. Sometime after he re-entered Mob assassins shot him at. He survived and lived to testify in Federal Court for the Department of Justice about his ordeal. The FBI used his testimony to convict his would be assassins and let him go. A few years later but more than five years after he first testified NYC police arrested him for drug sales. The state case was dismissed but ICE put a detainer on him and he was re-arrested by the Federal government who incarcerated him in a Federal Detention Center. He suffered from diabetes but had managed it by using a fast acting long acting insulin. In Federal Prison, Policy only allows for a slow acting and short lasting insulin. While waiting for his federal reentry charge to be heard before the Court the Federal Detention caused my client to suffer uncontrolled management of his diabetes due to their budget driven priorities resulting in a temporary ambulatory disability requiring my client to use a wheelchair. When my client advised me of his prior contacts with the Department of Justice, legal research led me to discover a statute that required the United States to deport anyone who re-entered and whose deportation status was known to the Department of Justice within five years of such discovery. My client had been in the United States for over five years since he was “found in” the United States. He was released after 11 months incarceration and nearly suffering amputation to his foot and is now suing for False Imprisonment and Negligent Medical Treatment. The moral of this story is that legal research can be the difference between life and death, sickness and financial recovery.   My client is a testament to dogged determination and valuable knowledge being applied together to yield incredible and surprising legal outcomes. 

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