Irish Republican
14th June 2003, 15:48
BACKGROUND
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 has also filed a Writ of Habeas Corpus and Writ of Mandamus with the District Court arguing that his detention and removal are unconstitutional. Mr. Ferry and his attorney expect a decision this month.
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/
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 has also filed a Writ of Habeas Corpus and Writ of Mandamus with the District Court arguing that his detention and removal are unconstitutional. Mr. Ferry and his attorney expect a decision this month.
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/