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The decision of the US Attorney General to block the deportation of former paramilitary chief Salvatore Mancuso to Italy is invalid because he appeared beyond the time allowed by law and because it did not give the paramilitary the opportunity to defend itself adequately.
That, broadly speaking, will be the axis of the defense of Mancuso’s lawyers this wednesday at 4 pm, when the case returns to Judge Richard J. León’s Washington office, where an emergency telephone hearing will be held to discuss the new developments.
And a paper signed by Mancuso is key (find it below).
(We invite you to read: Mancuso will seek to stay in the US after order to deport him to Colombia)
But on Tuesday night, the United States Attorney’s Office filed a document asking the judge to reject the request for the defense of the former paramilitary. And he assures that it is not true that he deceived him because he never told him that the only destination of the deportation was going to be Italy.
This is the proof that the notification to Salvatore Mancuso about his deportation to Colombia would have been untimely.
On August 29, the Department of Security (DHS) informed the paramilitary that he would be sent to Italy if not to Colombia, after the Secretary of Justice determined that sending him to Italy (where he is a citizen due to the origin of his father) was detrimental to US interests.
That despite the fact that 9 days before the same Prosecutor’s Office had reached an agreement before Judge León to deport Mancuso no later than this September 4.
The last-minute intervention of Attorney General William Barr was achieved using a remedy granted by the Immigration and Nationality Act (INA), which gives him the power to stop the sending of a foreigner to a country if he considers that it would affect the national security interests of the United States.
(It may interest you. The history of the mistakes that have Mancuso with one foot in Italy)
Although Mancuso’s lawyers recognize this power, they affirm that it was used in an extemporaneous manner since the term to use it had already expired. “The petitioner maintains that this determination of the DHS is invalid and without effect because it violates the right to due process under the fourth and fifth amendments and because it was presented after the 90-day period contemplated by law to advance that deportation,” they say in a document filed with the court and known to this newspaper.
The petitioner maintains that this determination is invalid and without effect because it violates the right to due process and was presented after the 90-day period established by law.
Mancuso’s signature
The final deportation order for Mancusoes sent by the Customs and Immigration Agency (ICE) is dated April 15, 2020 and its 90 days, the lawyers affirm, would have expired on August 15 last. In addition, they maintain, it was not respected. process that corresponded to him to defend himself against that decision of the Attorney General.
And according to a document held by EL TIEMPO, Mancuso (who signed it and put the fingerprint on it) was notified of the decision last Saturday, August 28, at 11:20 in the morning.
(Also: What Salvatore Mancuso will tell if the US returns him to Colombia)
They criticize, in passing, that DHS did not provide any evidence as to why they considered Mancuso’s deportation to Italy to be detrimental to the United States. That is why they have asked Judge León for an urgent ‘Mandate of Relief’ that forces DHS and ICE to comply with deportation to Italy and stop any attempt to remove him to another country.
Although some consider it ruled out that Judge León will go against a decision of the Prosecutor, the lateness and alleged violation of fundamental rights could tip the balance in favor of the paramilitary leader.
Federal Attorney’s Office he responds
The US government, in another document presented to the Court this Tuesday night and known to EL TIEMPO, asked the Court to reject Mancuso’s demands using various arguments.
The first is that, says Michael Sherwin, one of the prosecutors in the case, is that they never promised the former paramilitary that his only possible deportation destination was Italy.
In fact, they maintain that this was made clear in the agreement reached 10 days ago and in which it is stated that, in the event of a change, they would be given 14 days notice.
They also say that there is no basis whatsoever to suggest, as their lawyers suggest, that the Court was deceived and that they are also wrong because they continue to refer to his shipment to Colombia as an extradition when what is being considered is his deportation to this country.
(See here all the articles of the Investigative Unit of EL TIEMPO)
They argue, in turn, that his detention time beyond 90 days is reasonable, as are the efforts being made to remove him from the country.
Finally, they tell the judge that Mancuso has not yet exhausted his administrative remedies before the US and therefore an urgent action from the judge is not necessary at this time as his lawyers request.
In any case, the last word, at least for now, will be Leon during the hearing this Wednesday afternoon.
SERGIO GÓMEZ MASERI
EL TIEMPOWashington Correspondent
On Twitter @ sergom68
