A Kenyan-born immigration lawyer practicing in the US Jeff Matemu. PHOTO | COURTESY
A Kenyan-born immigration lawyer practising in the US Jeff Matemu has won a landmark case against US Attorney-General Jeff Sessions.
In the historic ruling handed down by the 4th Circuit Court of Appeals in Richmond, Virginia, on Wednesday, petty crimes without conviction will no longer be used by the Trump administration to deport scores of illegal immigrants in the US as has happened in the past.
NO CONVICTION
Immigration attorneys and civil advocacy groups termed the decision as a very important win for immigrants because immigration courts have for many years misinterpreted immigration law to deport immigrants who committed petty crimes but whose conviction was postponed under state law without a finding of guilt.
“This is the case of immigrants who have been granted a PJC or a prayer for judgment continued. A prayer for judgment continued or sometimes referred to as “PJC” or “continued judgment” is a device that in the courts discretion may be granted even though a person charged with certain offenses has pleaded guilty or responsible.” Mr Matemu explained.
“The court does not enter a final judgment of conviction in the case. By not entering a final judgment in the case, the plea is not entered against a person”.
He said immigration judges have, however, routinely called this a conviction and, therefore, used it to support orders of deportation.
The also use the same grounds to deny aliens the right to file court cases to argue their defences against deportation in cases where the crime is the issue.
$100 COST
“I filed a case against the United States Attorney General Jeff Sessions and the court agreed with me, ruling in favour of my client Jose Guzman Gonzalez,” he said.
Mr Matemu, who is currently a candidate for US House of Representatives in the second District in North Carolina, said that his client, Mr Gonzalez, had pleaded guilty to possessing a small amount of marijuana and upon the admission, received a prayer for judgment and was ordered to pay $100, which is really an administrative cost rather than a fine.
“An immigration judge ordered him deported as a result and I appealed the case to the Federal Appeals Court. The court in agreeing with me ruled that under North Carolina law, “costs” are not punitive in nature. Costs are imposed as a ministerial act, pursuant to statute. Additionally, the costs are designed to compensate the North Carolina justice system for the cost of adjudication,” he said.
IMPACT
The court agreed with him that costs— not being punishment imposed by a judge— cannot be called 'punishment', and therefore are not evidence of conviction under state law where the judge did not enter a conviction.
Mr Matemu said the decision impacts most likely hundreds if not thousands of cases currently pending in immigration courts, especially drug related offences of similar type.
He said arising out of the ruling, the US Department of Justice has to go back to the drawing board.
“Many pending deportation cases may have to be reviewed, reopened, remanded or just terminated. His (the client’s win) is a new lifeline for many immigrants,” he said.
Mr Matemu, one of the leading immigration attorneys in the US, is very popular among the Latino community in North Carolina who have relied on him for difficult immigration cases.
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