Speech #980158447

The matter involved in this proceeding. however. relates to fundamental questions on the integrity of the judicial proceedings. Mr. ORourke has spent more than 4 years. in a detention center in New York City. awaiting deportation to Ireland on charges that he violated U.S. immigration laws and that he faced charges in Ireland for certain acts of violence. The gravamen of the concern I have in this matter relates to allegations that the administrative law judge who was hearing Mr. ORourkes case. recused himself. which is a technical legal term for disqualifying himself. after he was followed by investigators from the Immigration and Naturalization Service. It was a most unusual circumstance. later explained or attempted to be explained by the investigators from the Immigration and Naturalization Service that the following of Administrative Law Judge Hupp was occasioned by allegations that he had been leaving work early. In connection with that following. I have received no complete explanation as to what practices or procedures the investigation was pursuant to. what the necessity was to follow Administrative Law Judge Hupp for such a protracted period of time. and whether this was the standard practice of the Immigration and Naturalization Service. The issue of Judge Hupps recusal is of particular concern because of the likelihood or possibility that Administrative Law Judge Hupps would have found in Mr. ORourkes favor.