US Citizen Who Was Held By ICE for 3 Years Denied Compensation by Appeals Court
19 replies, posted
[QUOTE]Davino Watson told the immigration officers that he was a U.S. citizen. He told jail officials that he was a U.S. citizen. He told a judge. He repeated it again and again.
There is no right to a court-appointed attorney in immigration court. Watson, who was 23 and didn't have a high school diploma when he entered ICE custody, didn't have a lawyer of his own. So he hand-wrote a letter to immigration officers, attaching his father's naturalization certificate, and kept repeating his status to anyone who would listen.
Still, Immigration and Customs Enforcement kept Watson imprisoned as a deportable alien for nearly 3 1/2 years. Then it released Watson, who was from New York, in rural Alabama with no money and no explanation. Deportation proceedings continued for another year.
Watson was correct all along: He was a U.S. citizen. After he was released, he filed a complaint. Last year, a district judge in New York awarded him $82,500 in damages, citing "regrettable failures of the government."
On Monday, an appeals court ruled that Watson, now 32, is not eligible for any of that money — because while his case is "disturbing," the statute of limitations actually expired while he was still in ICE custody without a lawyer.[/QUOTE]
[URL="http://www.npr.org/2017/08/01/540903038/u-s-citizen-held-by-immigration-for-3-years-denied-compensation-by-appeals-court"]Source.[/URL]
It's pretty fucked that immigration courts don't have court-appointed attorneys.
[QUOTE]the statute of limitations actually expired while he was still in ICE custody without a lawyer.[/QUOTE]
What, that is so horrible. Why are they so short for such a case when the process for mess up is known to be so long!?
This should be taken to the Supreme Court. Fucking clowns.
I wonder if non-Americans on this forum are aware of the extent to which the American legal system is designed to fuck you over in virtually every way it can once it gets a hold of you.
[quote]In 2007, Watson pleaded guilty to selling cocaine. When his sentence ended in May 2008, he was arrested by ICE officers.[/quote]
[quote]He wasn't released until November 2011.[/quote]
It took 6 years for him to finally hear back from the appeals court?
[QUOTE=Quark:;52534949]I wonder if non-Americans on this forum are aware of the extent to which the American legal system is designed to fuck you over in virtually every way it can once it gets a hold of you.[/QUOTE]
Especially if you're one of those dirty no good immigrants
[QUOTE=InsanePyro;52535007]Especially if you're one of those dirty no good immigrants[/QUOTE]
Even if you're a tax-paying, law abiding legal citizen with a full time job and a family to support, being forced to partake in the legal system will usually end with you being financially crippled.
Accused of a crime? You can be arrested before there's even proof of a crime and held in a cell until your trial. Can't afford a bond/to be bailed out? You could be held for an extraordinarily long time for what turns out to be a 'not guilty' verdict. Can't afford a lawyer to defend you from prosecution? You'll be given one that hasn't any incentive to actually defend you since you're not paying them. Feeling tired from mind-numbing interrogation tactics used by police? Looking for a way out of being mentally berated? Sign away your 5th amendment right to remain silent, and just confess to whatever they're accusing you of. Did they promise you a lesser sentence for confessing? They lied, because they are allowed to lie to you in order to get a confession.
It's so fucked, but people call us "The Land of the Free" with a straight face.
Can we also back up for a minute and take a moment to appreciate how fucked up it is that the federal government appealed a decision by the federal government in order to fuck over a guy that they had imprisoned, against their own policy (not to mention the FUCKING CONSTITUTION), for over three years. The damages awarded weren't even that much.
This is a fucking travesty, we cannot keep going at this rate, something has to break.
This is how you encourage people to shoot at cops and judges, America. This is how you discourage cooperation with law enforcement. This is how you make a people [I]fearful[/I] of calling the cops or reporting crimes. And when a population can't or won't call the police for help, they take matters into their own hands and now you have an increase in violence and [I]no[/I] amount of increased policing or tougher laws will fix that.
It's really fucking stupid. Admit you wronged this man and compensate him. Otherwise, you can't claim to have a "justice" system.
[QUOTE=elixwhitetail;52535649]This is how you encourage people to shoot at cops and judges, America. This is how you discourage cooperation with law enforcement. This is how you make a people [I]fearful[/I] of calling the cops or reporting crimes. And when a population can't or won't call the police for help, they take matters into their own hands and now you have an increase in violence and [I]no[/I] amount of increased policing or tougher laws will fix that.
It's really fucking stupid. Admit you wronged this man and compensate him. Otherwise, you can't claim to have a "justice" system.[/QUOTE]
Literally every time officials try to pull and/or justify this shit they're giving the public another reason to detest them and resort to extreme measures as you've just mentioned.
It doesn't justify indiscriminate violence against people but it does give some context as to why people go to such extents and how you end up with tinfoil-tier conspiracists who unironically believe that the government is 100% out to get them.
[QUOTE=The golden;52536079]Oh I'm fully aware. It's one of the prime reasons I will never set foot across the border despite living close to it. Some of my family that was down there have been moving back too. Sister was attending Harvard and transferred back up here.[/QUOTE]
Our Government is fucked, our laws are fucked, our citizen appointed representation is fucked, our law enforcement for the most part is fucked, our justice system is fucked.
Everything here is fucked in a (or several) way(s).
honestly it makes me surprised so many people here have so much pride in this country. like don't get me wrong, living here is by no means shitty but just all these little granular details with the law.. so coarse, rough and irritating. It's everywhere.
Can we also take a moment to recognize the fact that the statute of limitations expired on an illegal action by ICE [I]while he was still being improperly detained [B]without legal representation[/B] as a result of that action[/I]? ICE was effectively absolved of their crime against this man [B]while continuing to abuse him[/B]. If I kidnap someone and lock them up in my basement for long enough, they have to forgive me after five years, right? That's how this shit works, yeah?
If this guy isn't in touch with the ACLU for a Supreme Court challenge, I hope they're already trying to call him.
He become a citizen then gets arrested for selling cocaine. Hard to feel sorry for him.
[QUOTE=Quark:;52534949]I wonder if non-Americans on this forum are aware of the extent to which the American legal system is designed to fuck you over in virtually every way it can once it gets a hold of you.[/QUOTE]
Let's just say I keep being surprised.
I know I should know better after reading dozens of articles like this one, but apparently there's a lot more creativity in this horribleness than I expect.
[QUOTE=Mr_Razzums;52539597]He become a citizen then gets arrested for selling cocaine. Hard to feel sorry for him.[/QUOTE]
Even if accused a crime, you still have rights
[QUOTE=Mr_Razzums;52539597]He become a citizen then gets arrested for selling cocaine. Hard to feel sorry for him.[/QUOTE]
yes citizens can be criminals
who woulda guessed
[QUOTE=Tamschi;52542903]Let's just say I keep being surprised.
I know I should know better after reading dozens of articles like this one, but apparently there's a lot more creativity in this horribleness than I expect.[/QUOTE]
It's more present than it's reported on unfortunately...a lot of my friends, colleagues, and other associates have unique experiences in which their rights were stomped on by law enforcement/the legal system with little to no recompense other than being left alone for a little while
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