TOPICS
TOPICS
Courtroom Fighters
Ciaran Fearaigh had a legal defense fund, the support of a member of Congress and offers of assistance from several national organizations in his battle against Immigration and Customs Enforcement officials who wanted him deported.
But from ICE's perspective, the only pertinent facts about Fearaigh are that he's a convicted criminal from Ireland and a member of the Irish Republican Army. In November 2003, an immigration judge denied Fearaigh's application for asylum. Since then, lawyers in ICE's Office of the Principal Legal Adviser have fought Fearaigh's appeals in the courts.
Last month, they won when Fearaigh agreed to be deported.
ICE's lawyers say the case typifies the constraints under which they operate. Immigration laws and regulations prevent them from commenting on asylum cases and those involving issues of national security while they are in progress.
"Quite often we can't tell our story in the court of public opinion," said William J. Howard, ICE's principal legal adviser. "As ICE attorneys, we try our cases in a court of law."
In the last month, ICE's legal team has won a series of victories in high-profile immigration cases. Those include cases like Fearaigh's in which, ICE lawyers say, the evidence against a foreigner is so overwhelming that he or she chooses to leave voluntarily.
ICE's legal shop has handled about 300,000 removal cases in immigration courts in each of the past two years. More than 160,000 people were deported in fiscal 2004, up from about 145,000 in 2003.
ICE officials say they refuse to shy away from controversial cases. "ICE is as committed to securing the homeland in the courtrooms as much as we are on the streets," said Russ Knocke, the agency's public affairs director.
"Before the creation of the Homeland Security Department, it was not uncommon for the federal government's position in these types of cases to be swayed by significant public pressure," he said.
One case in which an immigrant has won high-profile support involves Ibrahim Parlak, a Turkish citizen who came to the United States in 1991 bearing a fraudulent passport. Parlak, who supported the militant Kurdistan Workers' Party, was initially granted asylum and opened a restaurant in southwestern Michigan. But in 1999, the State Department designated the Kurdistan Workers' Party a terrorist organization, and Parlak was targeted for deportation.
Parlak is fighting to stay in the country, and has won the support of movie critic Roger Ebert, author and syndicated columnist Andrew Greeley and the South Bend Tribune's editorial page. But on Dec. 29, an immigration judge sustained ICE's case against Parlak and ordered him to leave the United States.
"There's a lot of public support groups that spring up, but fortunately there's a court of law to decide whether [asylum seekers] can stay or not," said Robert J. Emery, chief of ICE's National Security Law Division. "If we win - and hopefully we will - they leave. If we don't, they stay."
Accused Marshal Presses for Bail
Ryan Todd Stowers, the 20-year-old Navy seaman shot dead three months ago after an altercation with a U.S. marshal, had a blood alcohol concentration as high as 0.22 when he died, according to a Maryland toxicology report made public by attorneys for the marshal.
Deputy U.S. Marshal Arthur L. Lloyd has been charged with first-degree murder in the case. But his lawyers said the report indicates that the situation at the time of the shooting was very different than it has been described by the Montgomery County State's Attorney's office. Maryland's legal blood-alcohol driving limit is 0.08.
Lloyd's attorneys issued a filing noting the existence of the report, which is dated Jan. 5, in a third attempt to persuade Judge Ann S. Harrington to grant Lloyd bail. One of Lloyd's lawyers, Stefanie F. Roemer, said that the state intentionally withheld the toxicology report before a Jan. 10 hearing.
"The picture that's emerged is so unbelievably different from the one originally presented," Roemer said. "You got a guy that has 20-plus years of law enforcement, he never had discharged his weapon, and he's sitting in jail based on findings that he's a danger to the community."
Montgomery County State's Attorney Douglas Gansler said Stowers' blood alcohol level "is no more relevant than what he had for dinner. There are thousands and thousands of people who are pulled over in Montgomery County, and none of them end up with bullets in their back."
Lloyd is accused of killing Stowers after a confrontation last fall in a Rockville, Md., parking lot. According to court documents, Lloyd was driving to a Toys "R" Us store on Rockville Pike when Stowers pulled up behind him and started honking because he believed Lloyd had cut him off. After pulling into the parking lot, Lloyd showed Stowers his badge and told him he was a federal officer.
An ensuing verbal dispute escalated to an exchange of blows and Lloyd suffered two broken fingers, a black eye and injuries to his head. A state autopsy report states Stowers suffered abrasions to his forehead and chest, and contusions on the back of his right hand, his knee and his thighs.
After Lloyd shot Stowers in the leg, Stowers got back into his car and attempted to call 911 on his cell phone. Lloyd's attorneys said Stowers told Lloyd, "I'll kill you," and drove his car toward Lloyd, who fired three shots, striking Stowers once in the back.
The U.S. Marshals Service has suspended Lloyd, a 28-year veteran, without pay. An April 11 trial is scheduled.
COMMENTS
- It is understood that father, William Stowers is hurt with his loss and it is apparent with his above comment. Please understand Arthur Lloyd is not a coward. He was a man that needed to protect himself and family, after the (unwarranted) ass whipping, you boast, he suffered by your son. Subsequent aggression of veering and directing a motor vehicle in one's direction would be considered a danger and threat. These were unfortunate events that should have never happened. An intoxicated, troubled, defiant young man, not yet old enough to drink - but seriously over the limit (to the extent Friday's shut him off), angry and driving aggressively (as witnesses attested to) - chose to target and torment unwitting and unknowing victims in Arthur Lloyd and family that fateful evening. It did not end well for anyone in both vehicles. The case was overcharged. Certainly Arthur Lloyd did not set out that evening with family to harm Mr. Stowers; therefore, first or second degree was absurd from start. Our hearts are heavy for The Stowers and their loss as well as Arthur Lloyd who has been father to 7 children, worked as US Marshal/Law Enforcement for more than 25 years. Arthur Lloyd must be released and returned to his family. There has been enough suffering, misfortune and unjust examples that everyone has endured over the past several years. Dawn Lloyd Macklin Posted January 2, 2010 7:23 AM
- We continue to pray and keep hopeful that Arthur Lloyd's nightmare will end. You cannot keep a good man down nor have those who love and believe in him waiver support or determination to right this wrong. It is my continued and firm belief that this case was absolute self-defense. I was present at trial and NO testimony convinced me otherwise. Did we not hear from the couple at the restaurant who said Mr. Stowers was shut off from drinking and then became belligerent? Perhaps if they permitted him to stay and drink further this unfortunate encounter would not have occurred with Arthur Lloyd. More likely another innocent motorist, without law enforcement training and capabilities would have been injured or dead hours later as victim of Mr. Stowers' drunken rampage. He should not have even been served alcohol as he was underage, yet his level was almost 3x the limit. This cannot be overlooked. We also learned of other violent infractions that demonstrated Mr. Stower’s temperament and inability to keep his anger in check. It is most unfortunate that this event occurred and had a tragic end. No matter what, Ryan Stowers had value to and was certainly loved by his family. As is Arthur Lloyd. Dawn Macklin Posted January 2, 2010 7:22 AM
- The Marshals Service never supported my white a$$ when I got involved in a car chase and shot fired incident back in 1990. In fact I got busted and transferred to another city, among other reasons for having chased and then fired at a man who was not a dangerous fugitive. It was not that much longer after that that Matt Fogg apprehended this very same fugitive and received an award for apprehending this suddenly very dangerous fugitive. There most certainly are double standards out there. R. Friederich Posted June 22, 2007 6:37 PM
