Saturday, June 04, 2005

Keyse G. Jama a flight risk?

I first heard about this case when the Supreme Court ruled 5-4 that people could be deported to another country without consent of that country. Today's New York Times gives an update to what happened:

There was the question of a passport. Mr. Jama never had one, and Somalia has no central government to issue one. Daallo Airlines, the only commercial option, requires one, so the lawyers argued over whether they could (or should) obtain one from a quasi-governmental group, eventually opting against doing so.

At 9 a.m. on April 20, immigration officers came to the jail here "and told me to collect my belongings," Mr. Jama said in a sworn statement.

Interviews and other court records show that he was flown, ankles or wrists cuffed, in a private jet from Minneapolis to Nairobi, with fuel stops in Reykjavik and Rome. American officials do not travel to Somalia - or negotiate with the local Puntland authorities - so they handed him over in Nairobi to RMI Security, a Kenyan concern that, under United States government contract, was supposed to arrange his acceptance.

He and his guards flew as planned to an airstrip in Puntland, but soon reboarded the plane with a handwritten document from an unidentified official that said, "Not having needed lawful documents we have rejected to except" him. It was signed "Thanks."

So he's back in MN and back being held in Jail. A prior Supreme Court ruling states he can't be held for over six months unless deportation is imminent or there is a specific danger in release. (He's been in jail for six years due to court rulings, appeals, awaiting deportation, etc). Nor is he the only one who is being held, there are over a thousand others like him being held long term.

Jama's lawyers asked for his release which was originally scheduled to happen on May 23rd. Immigration had stated first that the six months should start from the date of the Supreme Court ruling which was January 12th. But this is the part that really got to me. He has no country, Somalia won't take him back, we supposedly want him out of here, yet Immigration says he should continue to be held because he is a was a flight risk, "as he has nothing to lose," and said the authorities were "on the brink" of removing him.

Brink of removing him where? They already tried to return him to Somalia....Has nothing to lose? Well how many people have anything after being held in jail for six years....

Granted it was his use of alcohol and a knife fight back in 1999 that caused this, but he does have relatives and a job if he is released into the US. If they failed at trying to return him the first time, what's going to happen next?

The government has said that it now plans to expel Mr. Jama by June 8. Tim Counts, a spokesman for the immigration service's office in Bloomington, Minn., said in an interview that "it's very clear that we have the authority to hold him," but refused to discuss the next deportation effort. "We simply don't talk about the details of any removal - the hows, the whens, any of that," he said.

Somehow I'm thinking maybe a parachute over Somalia......

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