Speech #1000069517

These avenues now exhausted. the Government then embarked on a new strategy. The first was to make revisions in the existing extradition treaty to eliminate the political offense exception to extradition. this having the same effect as overturning the various court decisions rendered in Dohertys favor. The second phase of their strategy was to begin deportation proceedings against Doherty. A critical fact in all of this is that on September 5. 1986. through his counsel. Mr. Doherty advised Immigration Judge Howard I. Cohen that he wished to consent to deportation and to withdraw his application for political asylum. On September 19. 1986. the Honorable Howard I. Cohen entered an order that Doherty be deported to Ireland. The Immigration Service. under the control of the Department of Justice. appealed the judges decision on the grounds that his deportation to Ireland would be prejudicial to the interests of the United States. an unprecedented claim in a matter such as this. It was at this time that I together with five of my colleagues. challenged this action and called upon the Attorney General to order the appeal to be withdrawn. The appeal was maintained and in a key March 11. 1987 ruling. the Board of Immigration Appeals ruled in another unanimous 50 vote. in favor of Dohertys deportation to the Republic of Ireland and against the Immigration and Naturalization Service. The Board stated that the INS had failed to provide evidence to substantiate the claim of his deportation as being "prejudicial" to the interests of the United States. Undaunted. the INS continued its efforts this time just 2 days after the Board of Immigration Appeals decision was rendered. They filed a motion to reopen the case before the Board on the premise that it wished for an opportunity to present evidence in support of their claim of prejudice. On May 22. 1987 the BIA in a 32 decision. granted the motion of the Immigration and Naturalization Service to reopen the case. however. then proceeded to reaffirm their initial decision upholding the deportation order. The Department of Justice again refused to accept this ruling. That same day. this case was referred to the Attorney General who was the losing party in the BIA decision.