Prosecutive report + Buffalo clips · p.85
Back to search
·
About this set
·
D165942672
·
All files
Transcript
FD-350 (Rev. 12-5-78)
(Mount C.lipping in Space Below)
Ruling ls Expected
BEN
In INs Bid to Keep
2119fz .
Jrish Aliens in Jail
By MARGARET HAMMERSLEY
INS district director is abusing dis
Federal Judge John T.Curtin is
cretionary powers.
expected to issue an order today
INS was represented by Assist?
that could nudge the U.S. Immigra-
ant U.S.AttorneyJack Pensa
tion and Naturalization Service
whileINScounsel James Grable
from its nobail,no-heaing stance
who has challenged Judge Curtin's
onfouraliensheldincustodyfor13
power to act, sat in the back of the
days.
room with INS investigators.
The INS reneged on a bearing
Court was recessed for 10
scheduled for this morning and an-
minutes when Mr.Penca sought an
nounced its “intent to proceed with
opportunity to present alleged facts
a hearing at the earliest opportuni-
about the defendents to the judge
ty the INs is prepared to proceed"
behind closed doors.
Judge Curtin, who one week ago
The judge returmed to the bench
warned that refusal to set bail goes
in about i0 minutes, announcing
against the grain of the American
thathehaddeclinedtobearinfor-
Isystem, said he would issue an
matjon preferred by Mr. Penca as
order on the impasse today..
fron the State Departnent and
Bail was set Thursday by U.S.
classified "secret.""
MagistrateEdmundF.Maxwellto
ensure thereturn ofa NorthIreland
WHILEHE
respected Mr
citizen and threeCanadian landed
Penca's obligation, the judge said
immigrants to face criminal·it would be unfair for court to heal
statementswhennoofficialrecord
Whiripool Bridge.
could be made for possible appeal.
Thebail figures became moot
Mr.Cleary asked if it was the
when INS, which had set hearings
court's position “that it will not
that could have put the four back in
take part in Star Chamber proceed
Canada today, canceled today's
ings." rhe judge repeated that he
sessions in immigration court.
had received no information
Kevin Dillion,one of four de
whatsoever from the federal
fense lawyers, charged that the INS
prosecutor.
and U.s. attorney's office appear to
Mark Mahoney, lawyer for one
have developed an on-going game
ofthe St.Catharines construction
ofbouncingthecustodyofthe
workers,said it wouid be illogical
prisoners back and forth to prevent
for the three St.Catharines men not
their release.
to appear. Mr. Mahoney described
the position of the INS as holding
THE MAXIMUM penalty'they
"them in prison while there are ac-
could face on the border-violation
cusations against thembecausel
Icount is expulsion for life. Thomas
they (INS) want to decide if they)
Cleary,lawyer for a.North Ireland
are innocent or not.."
citizen who edits aSinnFeinpoliti-
Desmond Ellis, whose immigra-
cal magazine, said defendant Ed-
tion charges were dropped by INS
wardHowell wouldagreeto that to
Thursday, could be free if he posted
end jail-without-bail.
$25,000 bail on criminal charges,
A fifth defendant, Desmond
but defense attoruey Robert M.
Els,27, of Dublin in the Irish
Murphy said that is not Hkely. to
Republic,is now in the position of
happen. The government alleges
fighting to avoid being handed over
that Ellis is a fugitive from Dublin
to Canada and extradited home.
where he jumped the equivalent of
Judge Curtin,in continuing a
$50,000 bail on'a charge involving
habeas corpus hearing opened Feb.
devices to trigger explosives. Mr.
12,caled lawyers before him late
Murphycontends thecase was
Thtursday to explore whether the_merely adjourned until April 24.
058-
23
(Mount C.lipping in Space Below)
Ruling ls Expected
BEN
In INs Bid to Keep
2119fz .
Jrish Aliens in Jail
By MARGARET HAMMERSLEY
INS district director is abusing dis
Federal Judge John T.Curtin is
cretionary powers.
expected to issue an order today
INS was represented by Assist?
that could nudge the U.S. Immigra-
ant U.S.AttorneyJack Pensa
tion and Naturalization Service
whileINScounsel James Grable
from its nobail,no-heaing stance
who has challenged Judge Curtin's
onfouraliensheldincustodyfor13
power to act, sat in the back of the
days.
room with INS investigators.
The INS reneged on a bearing
Court was recessed for 10
scheduled for this morning and an-
minutes when Mr.Penca sought an
nounced its “intent to proceed with
opportunity to present alleged facts
a hearing at the earliest opportuni-
about the defendents to the judge
ty the INs is prepared to proceed"
behind closed doors.
Judge Curtin, who one week ago
The judge returmed to the bench
warned that refusal to set bail goes
in about i0 minutes, announcing
against the grain of the American
thathehaddeclinedtobearinfor-
Isystem, said he would issue an
matjon preferred by Mr. Penca as
order on the impasse today..
fron the State Departnent and
Bail was set Thursday by U.S.
classified "secret.""
MagistrateEdmundF.Maxwellto
ensure thereturn ofa NorthIreland
WHILEHE
respected Mr
citizen and threeCanadian landed
Penca's obligation, the judge said
immigrants to face criminal·it would be unfair for court to heal
statementswhennoofficialrecord
Whiripool Bridge.
could be made for possible appeal.
Thebail figures became moot
Mr.Cleary asked if it was the
when INS, which had set hearings
court's position “that it will not
that could have put the four back in
take part in Star Chamber proceed
Canada today, canceled today's
ings." rhe judge repeated that he
sessions in immigration court.
had received no information
Kevin Dillion,one of four de
whatsoever from the federal
fense lawyers, charged that the INS
prosecutor.
and U.s. attorney's office appear to
Mark Mahoney, lawyer for one
have developed an on-going game
ofthe St.Catharines construction
ofbouncingthecustodyofthe
workers,said it wouid be illogical
prisoners back and forth to prevent
for the three St.Catharines men not
their release.
to appear. Mr. Mahoney described
the position of the INS as holding
THE MAXIMUM penalty'they
"them in prison while there are ac-
could face on the border-violation
cusations against thembecausel
Icount is expulsion for life. Thomas
they (INS) want to decide if they)
Cleary,lawyer for a.North Ireland
are innocent or not.."
citizen who edits aSinnFeinpoliti-
Desmond Ellis, whose immigra-
cal magazine, said defendant Ed-
tion charges were dropped by INS
wardHowell wouldagreeto that to
Thursday, could be free if he posted
end jail-without-bail.
$25,000 bail on criminal charges,
A fifth defendant, Desmond
but defense attoruey Robert M.
Els,27, of Dublin in the Irish
Murphy said that is not Hkely. to
Republic,is now in the position of
happen. The government alleges
fighting to avoid being handed over
that Ellis is a fugitive from Dublin
to Canada and extradited home.
where he jumped the equivalent of
Judge Curtin,in continuing a
$50,000 bail on'a charge involving
habeas corpus hearing opened Feb.
devices to trigger explosives. Mr.
12,caled lawyers before him late
Murphycontends thecase was
Thtursday to explore whether the_merely adjourned until April 24.
058-
23