12.11.04
Irish American Unity Conference | IAUC Chapters
DENVER JUDGE RULES AGAINST IRISH IMMIGRANT'S
HABEAS CORPUS PETITION
CIARAN FERRY DENIED DUE PROCESS OF THE LAW & CONSTITUTIONAL RIGHTS
November 11, 2004
Denver, Colorado - On November 8, 2004, Judge Nottingham, sitting in the United States District Court of Colorado, has ruled against Ciaran Ferry pursuant to his petition for a Writ of Habeas Corpus case. After waiting for over a year and half for Judge Nottingham to rule on the legality of Ciaran's treatment, the Judge ruled in favor of the Department of Homeland Security.
Ciaran had argued that the actions of the DHS in refusing him a hearing on his "green card" application was a denial of his constitutional right to due process, and that his detention was unlawful. Ciaran maintains that, compared to hundreds of thousands of arriving aliens like himself, he has been treated in a capricious and arbitrary fashion. Most importantly, Ciaran challenged the DHS to prove, in a court of law, its assertion that he was a "danger to the safety and security of the United States." The Court found that, as an entrant under the Visa Waiver Program ("VWP"), Ciaran had waived all constitutional rights to due process, regardless of how he was treated by the DHS, and that the DHS had no case to answer.
In its decision, the Court freely admitted that:
1.) Ciaran Ferry was "granted an early release as part of the Good Friday Accord";
2.) He lawfully "entered the United States on the Bureau of Inspections and Customs Enforcement's Visa Waiver Pilot Program"
3.) He candidly disclosed on his "green card" application "that he was a member of the Irish Republican Army from 1992 to 1993, and that he was imprisoned for political offenses relating to the conflict in Ireland."
4.) ICE agents arrested Ciaran "without a warrant," and informed him that they were arresting him for "having overstayed his visa."
5.) ICE placed Ciaran in the "Special Handling Unit" of the Federal Corrections Institute - a facility "usually reserved for dangerous criminals and those most at risk for escape."
6.) The next day, on January 31, 2003, agents for the Federal Bureau of Investigation visited Ciaran at FCI and "failed to recite the Miranda warnings prior to their questioning of him, and they questioned him despite the fact that they knew he was represented by counsel."
7.) FCI did not permit Petitioner to use the phone for his first twenty-four hours in detention to call his attorney."
According to a statement issued by one of Ciaran Ferry's Attorneys, Eamonn Dornan,
"the bottom line is that according to the ruling, Ciaran Ferry and all immigrants
who enter under the Visa Waiver Program ("VWP"), have no entitlement to due process rights. This is in stark contrast to recent Supreme Court rulings granting such rights to enemy combatants in Guantanamo Bay."
"According to Nottingham, anyone who enters under the VWP relinquishes his/her "constitutional rights" including the right to due process and to a bond hearing, regardless of whether or not the VWP entrant is married to a US citizen.
"In our argument, it is irrelevant that Ciaran had entered under the VWP scheme. Ciaran had clear and unfettered due process rights streaming from his status as the spouse of a US citizen. The heart and soul of our constitution provides that due process forbids the government from "arbitrarily causing an alien who has entered the country to be taken into custody and deported without giving him all opportunity to be heard upon the questions involving his right to be and remain in the United States."
"This is the first time this issue has ever been raised in a US court", said attorney Eamonn Dornan, "and this will have a resounding effect on every VWP alien, most of whom are from Western democracies, and their US citizen spouses."
Jarl Anderson, Director of the Ciaran Ferry Legal Defense Fund, said:
"This is negligence and cowardice on the part of Judge Nottingham and confirms that the rule of law has been replaced by the rule of fear. Ciaran Ferry could have thrown in the towel a long time ago, but instead sacrificed his liberties to establish the constitutional right of all immigrants, not just Irish, to due process. The justice system has failed him and is paving the way for executive abuse of power and individual liberty. "Nottingham is washing his hands of Ciaran Ferry like Pontius Pilot and wiping them on the Constitution."
Heaven Ferry stated, "We are deeply saddened by this turn of events. We've waited for over a year and a half for this decision only to find that Judge Notthingham was not prepared or even slightly inclined to give my husband justice. In all fairness, he could have made his ruling in April 2003. If this is indicitive of the US Justice system, it's pretty frightening for all of us".
Ciaran's legal team will appeal this decision and is approaching the Department of Homeland Security officials asking that Ciaran Ferry be released from Denver County Jail to live with his family while the 10th Circuit Court of Appeals decides his request to live in America."
Fiona & Ciaran Ferry
Deanna Turner, Coordinator of the Irish Deportees of America Committee visited Ciaran in jail 2 weeks ago said,
"We can only imagine what is going through Ciaran's mind at the thought of spending another Christmas illegally behind bars. His 3 year old daughter, Fiona, desparately wants her father to be with her when she opens up her Christmas presents and plays in the snow. The thought of just spending cherished time with his wife and family gets him through this awful ordeal".
In the spirit of the festive season, please lobby our government to release Ciaran, under whatever restrictions it wishes, to spend time with his family during what may well be their last Thanksgiving and Christmas celebrations in America.
ACTION ITEM:
1.) URGE MEMBERS OF CONGRESS & SENATORS TO CALL TOM RIDGE AT THE DEPARTMENT OF HOMELAND SECURITY ASKING THAT CIARAN FERRY BE RELEASED FROM JAIL PENDING HIS APPEAL.
2.) ASK MEMBERS OF CONGRESS & SENATORS TO CONTACT THE NEW ATTORNEY GENERAL, ALBERTO GONZALES TO REVIEW THE UNJUST AND UNCONSTITUTIONAL ACTIONS AGAINST AN IRISH FAMILY ON BEHALF OF OUR US GOVERNMENT.
3.) CONTACT ANY ORGANIZATIONS OR INDIVIDUALS THAT YOU THINK CAN HELP!
TO VIEW THE ACTUAL DECISION & DISTRIBUTE TO ORGANIZATIONS & GOVERNMENT OFFICIALS THAT CAN HELP!
Go here: http://www.iauc.org/orderandmemorandumdecision1.pdf
------------------------------------
NOTE TO SUPPORTERS:
Thank you to all of the many supporters who have worked diligently to help Ciaran Ferry and his family seek justice. The work is just beginning and we need to step up the efforts during this very crucial time.
Do what you can to get the word out about this story. DO NOT CONTACT THE JUDGE OR HIS CHAMBERS AT ANY TIME!!! This is not permitted and could be harmful to the case.
Re: Visitors to Ciaran in Jail
If you are interested in visiting Ciaran in jail, contact us first to schedule a visit well in advance. Ciaran is only allowed 2 visits per week and unfortunately outside visitors count towards family visits. We don't want Heaven & Fiona to be turned away at the jail door because they weren't aware that someone else was using a visit.
THANK YOU FOR YOUR CONTINUED SUPPORT!
Deanna Turner
Coordinator
Irish Deportees of America Committee
P.O. Box 914
Farmington, MI 48332
#248-661-6989
www.irishdeportees.com
email: info@irishdeportees.com
DENVER JUDGE RULES AGAINST IRISH IMMIGRANT'S
HABEAS CORPUS PETITION
CIARAN FERRY DENIED DUE PROCESS OF THE LAW & CONSTITUTIONAL RIGHTS
November 11, 2004
Denver, Colorado - On November 8, 2004, Judge Nottingham, sitting in the United States District Court of Colorado, has ruled against Ciaran Ferry pursuant to his petition for a Writ of Habeas Corpus case. After waiting for over a year and half for Judge Nottingham to rule on the legality of Ciaran's treatment, the Judge ruled in favor of the Department of Homeland Security.
Ciaran had argued that the actions of the DHS in refusing him a hearing on his "green card" application was a denial of his constitutional right to due process, and that his detention was unlawful. Ciaran maintains that, compared to hundreds of thousands of arriving aliens like himself, he has been treated in a capricious and arbitrary fashion. Most importantly, Ciaran challenged the DHS to prove, in a court of law, its assertion that he was a "danger to the safety and security of the United States." The Court found that, as an entrant under the Visa Waiver Program ("VWP"), Ciaran had waived all constitutional rights to due process, regardless of how he was treated by the DHS, and that the DHS had no case to answer.
In its decision, the Court freely admitted that:
1.) Ciaran Ferry was "granted an early release as part of the Good Friday Accord";
2.) He lawfully "entered the United States on the Bureau of Inspections and Customs Enforcement's Visa Waiver Pilot Program"
3.) He candidly disclosed on his "green card" application "that he was a member of the Irish Republican Army from 1992 to 1993, and that he was imprisoned for political offenses relating to the conflict in Ireland."
4.) ICE agents arrested Ciaran "without a warrant," and informed him that they were arresting him for "having overstayed his visa."
5.) ICE placed Ciaran in the "Special Handling Unit" of the Federal Corrections Institute - a facility "usually reserved for dangerous criminals and those most at risk for escape."
6.) The next day, on January 31, 2003, agents for the Federal Bureau of Investigation visited Ciaran at FCI and "failed to recite the Miranda warnings prior to their questioning of him, and they questioned him despite the fact that they knew he was represented by counsel."
7.) FCI did not permit Petitioner to use the phone for his first twenty-four hours in detention to call his attorney."
According to a statement issued by one of Ciaran Ferry's Attorneys, Eamonn Dornan,
"the bottom line is that according to the ruling, Ciaran Ferry and all immigrants
who enter under the Visa Waiver Program ("VWP"), have no entitlement to due process rights. This is in stark contrast to recent Supreme Court rulings granting such rights to enemy combatants in Guantanamo Bay."
"According to Nottingham, anyone who enters under the VWP relinquishes his/her "constitutional rights" including the right to due process and to a bond hearing, regardless of whether or not the VWP entrant is married to a US citizen.
"In our argument, it is irrelevant that Ciaran had entered under the VWP scheme. Ciaran had clear and unfettered due process rights streaming from his status as the spouse of a US citizen. The heart and soul of our constitution provides that due process forbids the government from "arbitrarily causing an alien who has entered the country to be taken into custody and deported without giving him all opportunity to be heard upon the questions involving his right to be and remain in the United States."
"This is the first time this issue has ever been raised in a US court", said attorney Eamonn Dornan, "and this will have a resounding effect on every VWP alien, most of whom are from Western democracies, and their US citizen spouses."
Jarl Anderson, Director of the Ciaran Ferry Legal Defense Fund, said:
"This is negligence and cowardice on the part of Judge Nottingham and confirms that the rule of law has been replaced by the rule of fear. Ciaran Ferry could have thrown in the towel a long time ago, but instead sacrificed his liberties to establish the constitutional right of all immigrants, not just Irish, to due process. The justice system has failed him and is paving the way for executive abuse of power and individual liberty. "Nottingham is washing his hands of Ciaran Ferry like Pontius Pilot and wiping them on the Constitution."
Heaven Ferry stated, "We are deeply saddened by this turn of events. We've waited for over a year and a half for this decision only to find that Judge Notthingham was not prepared or even slightly inclined to give my husband justice. In all fairness, he could have made his ruling in April 2003. If this is indicitive of the US Justice system, it's pretty frightening for all of us".
Ciaran's legal team will appeal this decision and is approaching the Department of Homeland Security officials asking that Ciaran Ferry be released from Denver County Jail to live with his family while the 10th Circuit Court of Appeals decides his request to live in America."
Fiona & Ciaran Ferry
Deanna Turner, Coordinator of the Irish Deportees of America Committee visited Ciaran in jail 2 weeks ago said,
"We can only imagine what is going through Ciaran's mind at the thought of spending another Christmas illegally behind bars. His 3 year old daughter, Fiona, desparately wants her father to be with her when she opens up her Christmas presents and plays in the snow. The thought of just spending cherished time with his wife and family gets him through this awful ordeal".
In the spirit of the festive season, please lobby our government to release Ciaran, under whatever restrictions it wishes, to spend time with his family during what may well be their last Thanksgiving and Christmas celebrations in America.
ACTION ITEM:
1.) URGE MEMBERS OF CONGRESS & SENATORS TO CALL TOM RIDGE AT THE DEPARTMENT OF HOMELAND SECURITY ASKING THAT CIARAN FERRY BE RELEASED FROM JAIL PENDING HIS APPEAL.
2.) ASK MEMBERS OF CONGRESS & SENATORS TO CONTACT THE NEW ATTORNEY GENERAL, ALBERTO GONZALES TO REVIEW THE UNJUST AND UNCONSTITUTIONAL ACTIONS AGAINST AN IRISH FAMILY ON BEHALF OF OUR US GOVERNMENT.
3.) CONTACT ANY ORGANIZATIONS OR INDIVIDUALS THAT YOU THINK CAN HELP!
TO VIEW THE ACTUAL DECISION & DISTRIBUTE TO ORGANIZATIONS & GOVERNMENT OFFICIALS THAT CAN HELP!
Go here: http://www.iauc.org/orderandmemorandumdecision1.pdf
------------------------------------
NOTE TO SUPPORTERS:
Thank you to all of the many supporters who have worked diligently to help Ciaran Ferry and his family seek justice. The work is just beginning and we need to step up the efforts during this very crucial time.
Do what you can to get the word out about this story. DO NOT CONTACT THE JUDGE OR HIS CHAMBERS AT ANY TIME!!! This is not permitted and could be harmful to the case.
Re: Visitors to Ciaran in Jail
If you are interested in visiting Ciaran in jail, contact us first to schedule a visit well in advance. Ciaran is only allowed 2 visits per week and unfortunately outside visitors count towards family visits. We don't want Heaven & Fiona to be turned away at the jail door because they weren't aware that someone else was using a visit.
THANK YOU FOR YOUR CONTINUED SUPPORT!
Deanna Turner
Coordinator
Irish Deportees of America Committee
P.O. Box 914
Farmington, MI 48332
#248-661-6989
www.irishdeportees.com
email: info@irishdeportees.com
