ICE detained legal immigrant spent in prison 2 of the year, although he was not proven guilty

On August 28, Sammy Gichuhi, a legal immigrant who was detained by Immigration and Customs Enforcement (ICE) nearly two years ago and spent that entire time in jail, was released from the York County (Pennsylvania) Jail.

Фото: Depositphotos

The reasons for his detention seem to the average man to be very illogical, writes York daily record.

17 years ago Gichuhi entered the United States from Kenya, he was educated in America, married and settled his life in this country.

Gichuhi was detained and imprisoned for what he called “an error in the documents”, but the US government interpreted it as a deliberate attempt to mislead immigration officials, so the man was arrested.

He twice won the courts in his case and should have been released, but both times the government appealed the judge’s decision, and while the appeals were pending, the immigrant remained in prison.

He has now been released following a ruling from immigration and federal courts. The first thing he wanted to do upon his release was look at his 5-year-old son, Jacob. He talked to the boy on the phone while in prison, but had not seen him since he was 3 years old.

Gichuhi, who is now 50 years old, legally entered the US 8 December 2001 of the year. He was educated as a nurse, got married and got a green card. In the end, he and his wife began to live separately, but in the application for permanent residence, the man indicated that he was married. He also indicated in this application his two children, which he had not previously mentioned in immigration forms. He explained that when he first applied for a green card, he did not know about the existence of children and was not sure of his fatherhood. He is still not completely sure of this, since paternity tests have not been carried out.

ICE regarded this as a fraud and filed a lawsuit against Gyuchi. But the case fell apart, because officially the man is really married to an American, and although they live separately, the woman confirmed that their marriage was real. Instead, the government charged the immigrant with falsifying an official document. Gichuhi pleaded guilty, paid a fine of 500 dollars and received a year of probation.

Then, in July 2016, when he was returning to the USA after visiting his mother in Kenya, he was detained at the Dallas airport in Virginia. He was asked to come to the ICE office in Philadelphia every 30 days, which he did.

16 September 2016, when he once again appeared at the ICE office in Philadelphia, he was detained and sent to a prison in York County. The government claimed that because he had distorted the facts in his green card application, he had no right to enter the United States again. The government stated that he tried to mislead agents and committed fraud, indicating in the form that he had a wife with whom he lived separately, despite the fact that the man had never been convicted of these actions and the court found him innocent.

Since then, Gichuhi has been imprisoned in York County.

Immigration court took his side. The judge ordered the man to be released, and the decree on his deportation was withdrawn. The government appealed the decision, and the Immigration Appeals Board ordered the judge to reverse his decision.

Meanwhile, Gichuhi redirected his case to a federal court. A federal judge wanted a man on bail, but ICE requested that the immigrant stay in jail for the duration of the hearing.

While imprisoned, the Gichuha was attacked by another prisoner and suffered a concussion and damage to the left eye.

As a result, a federal judge decided to release a man on bail of 10 thousand dollars, since ICE could not prove that he was a danger to society.

The man was released, but he was still threatened with deportation, this case is currently under consideration by the court.

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