U.S. still trying to deport ex-citizen - After France and his native Haiti refused to accept convict Lionel Jean-Baptiste, U.S. authorities now want to deport him to the Dominican Republic
U.S. officials have notified Lionel Jean-Baptiste,
the first naturalized American in 44 years ordered
deported after losing citizenship over a drug conviction,
that they will try to remove him to the Dominican
Republic after Haiti and France refused to take
him.
Jean-Baptiste told The Miami Herald that he received
the notification Tuesday, the deadline for an administrative
review of his custody case.
Under federal regulations, immigration officers
review a foreign detainee's custody 90 days after
his deportation order becomes final -- if removal
has not been carried out. The U.S. Supreme Court
has said foreign nationals who cannot be deported
can be held in detention up to six months -- unless
officials classify them as a danger to the community
or "special circumstance" cases.
Jean-Baptiste, in a telephone call to The Miami
Herald from the Krome detention center, said his
deportation officer told him that if he cannot be
deported, he may have to be released under conditions
of supervision. It was the most definite statement
to date from the government indicating that Jean-Baptiste
could be released.
Barbara Gonzalez, a Miami spokeswoman for U.S.
Immigration and Customs Enforcement, said: "The
case is still under review. Our obligation as a
law enforcement agency is to carry out orders of
removal as issued by immigration judges."
Immigration judge Kenneth S. Hurewitz on Sept.
12 ordered Jean Baptiste, 59, deported to his native
Haiti -- but advised him that he may get to stay
in the United States if the Haitian government refused
to take him back.
Haiti declined to take back Jean-Baptiste because
he renounced his Haitian citizenship when he swore
allegiance to the United States in 1996.
The French consulate in Miami also declined to
take Jean-Baptiste because officials could not find
any proof he was a citizen of France.
Officials at the Miami consulate of the Dominican
Republic said they were not aware of the case but
that they would look into it.
It's the first time since 1962 that a denaturalized
citizen has been ordered deported after a drug conviction.
In that case, an Italian-American was stripped of
citizenship and then ordered deported -- the case
cited as precedent in Jean-Baptiste's immigration
court proceedings.
Jean-Baptiste arrived as a refugee in 1980. In
April 1996, Jean-Baptiste became a U.S. citizen.
But six months later he was indicted on drug-trafficking
charges and federal agents arrested him.
Jean-Baptiste pleaded not guilty, but a federal
jury convicted him in January 1997.
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