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ICE and US policy in transit

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Old Feb 8th, 2008, 03:05 PM     #1
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Default ICE and US policy in transit

I am not sure if this is the right 'category' but I need some help -

I am writing the story of a young man from the UK who is married to a New Zealand woman - he was on his way to NZ for Christmas 2006 when his plane transited in LAX - he was put through immigration and a warrant for his arrest showed up - he was detained treated with dis respect - because the origin of the warrant was in NY he had to travel there - he was put in several federal prisons, with mentally insane, lifers, and once in a box - after 8 months the charge was dismissed - it had originated from an incident of trespass back in 1999 a charge he was fined for and paid, dismissing it from his mind - until all this happened - I am a kiwi from New Zealand I don't know your laws, I do know that since 9/11 things have gone insane over there and foreigners are being swept up in bogus charges resulting in long prison stays like this man - his is not an isolated story - he spent 8 months of hell as an innocent man in your unjustice system

what are the laws pertaining to apprehending people from other countries, what are the protocols at air ports - do ICE officers have to have some sort of protocol to follow, do they have to follow human rights laws -

I would appreciate any help with this, as I don't have any understanding of your laws and it seems with the growing number of these types of 'renditions' that the authorities can do what the dam well like with seemingly impunity

after the judge dismissed the case he told the prosecutor to ensure this man had left the country in 10 days, this did not happen - it was another month before this man could leave, due to incompetence, loosing passport and other documents needed - it seemed to the man that it was a clear case of sour grapes because he had WON the case, when he was advised by his counsel to plead guilty and get 3 years instead of 6 - for doing nothing wrong

he was a black man - and by all accounts coming over the net, there is racial profiling whether the officials say so or not

if any one can help with

1) how can a charge be kept open even after the fine has been paid and the case over and done with

2) are there protocols for handling other nations citizens

3) is it common that those not charged with any crime are put in with lifers, and treated so callously
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Old Feb 9th, 2008, 09:26 AM     #2
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Default Re: ICE and US policy in transit

Do you now have a copy of the warrant and what was involved? You may not have the whole story from the person charged.
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Old Feb 9th, 2008, 02:07 PM     #3
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Default Re: ICE and US policy in transit

Hi

NO he has nothing - its only been a few months since he came here - and has not found a lawyer - its hard to track the people involved from another country i.e his public defender person and the lawyer - the man is holidaying so moving round the country - its his first visit
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Old Feb 10th, 2008, 01:57 PM     #4
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Default Re: ICE and US policy in transit

I would think somebody needs to see the details and documents involved to determine what really happened.

One's recollection etc. is not enough to really determine what options exist here and what if anything really went wrong.
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Old Feb 12th, 2008, 12:48 AM     #5
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Default Re: ICE and US policy in transit

hi judg4

yes your right, but thats not happening at the moment, what I do know and want some confirmation on is that the man was under the impression that since he was only transiting the US on his way to NZ that he wouldn't have to go through immigration - I think this was misconception number one - because since the Patriot Act all that has changed - I need clarification on that in terms of is it a rule now that ALL people go through immigration even if they are NOT entering the US only transiting ?

I need clarification there or direction as to were I can find the law on that

misconception number two would be that he believed that the airport is a neutral zone and that being held for illegal entry was illegal because he had NOT gone out the doors and was - he believed in - neutral land/territory - I say this is a misconception because that might have changed with the Patriot as well - its seems people have little idea as to what the law is under these Acts

I think that when he gets a lawyer he will employ him to find the trial notes and follow it up that way - but for now I just need clarification of the points above
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