Edwin meese attorney general prison8/26/2023 Sprizzo, who elected to hear the matter asan extradition magistrate pursuant to 18 U.S.C.§ 3184. The case wasreferred to District Judge John E. Immediately after Dohertys arrest in New York, theUnited States Attorney for the Southern District of New York, on behalf of theUnited Kingdom, filed a formal petition for his extradition. Aided by thePIRA, he fled to the Republic of Ireland and, using an assumed identity,eventually made his way to New York City where he escaped detection for anothersixteen months, until June 18, 1983, when he was arrested by agents of theImmigration and Naturalization Service (INS) while workingin a bar on the Upper East Side of Manhattan. Two days later the court convictedDoherty in absentia of murder and a number of lesser crimes, and sentencedhim to life imprisonment.ĭoherty successfully eluded the British authorities. Doherty was arrested, charged with murder, and put ontrial in Belfast, Northern Ireland but before the court had announced adecision, Doherty and seven others escaped from the maximum security CrumlinRoad prison where they were being held. In anensuing gun battle, one of the British soldiers, Captain Herbert Westmacott,was shot and killed. After the menhad waited three or four hours, a car pulled up in front of the house and fivemembers of the British Armys Special Air Services emerged. On May 2, 1980, Doherty and three othermembers of the PIRA set up an ambush in a private home in North Belfast as partof a plan to surprise and attack a convoy of British soldiers. The events leading to Dohertys arrest in the UnitedStates stem from his involvement in the shooting death of a British armycaptain in Belfast, Northern Ireland. Throughout all theseproceedings, Doherty has been detained in the Metropolitan Correctional Centerin Manhattan. 270(S.D.N.Y.1984), familiarity with which is assumed. For the reasons that follow, we affirm the order of AttorneyGeneral Meese, reverse the order of Attorney General Thornburgh, and remand forfurther proceedings.ĭohertys status in this country has been the subject ofsustained litigation since 1983, and so far has given rise to four publishedcourt opinions, Doherty v. Joseph Patrick Doherty, a member of the Provisional IrishRepublican Army (PIRA) who has been imprisoned in thiscountry since 1983, petitions this court to review: (1) an order of formerAttorney General Edwin Meese III, dated June 9, 1988, that rejectedDohertys designation of the Republic of Ireland as his country ofdeportation and (2) an order of Attorney General Richard Thornburgh, datedJune 30, 1989, that denied Dohertys motion to reopen his deportationproceedings for the purposes of applying for asylum and for withholding ofdeportation. JUDGES: Before LUMBARD, FEINBERG, and PRATT, CircuitJudges. (Simmons, Ungar, Helbush,DiCostanzo & Steinberg, of counsel), for American Immigration LawyersAssn, amicus curiae. House of Representatives, amici curiae.ĭonald L. Schumer, EdolphusTowns, Curt Weldon, Members of the U.S. Hochbrueckner, Frank Horton, Barbara Kennelly,Peter H. Fauntroy, Vic Fazio, Hamilton Fish, Jr., Sam Gejdenson, Benjamin A. Hatch,Members of the United States Senate, Gary L. Lapiana, Wilmer, Cutler & Pickering,Washington, D.C., of counsel, Lauren Cox-Pursley, Ann Lucas, Luis Moran,Barbara Schussman, Kathleen Soltero, Student Counsel, on the Brief), forAlphonse D∪mato, Christopher J. Johnson, King Hall School of Law,Davis, Cal., Lynn Bregman, John K. (Asylum Appeals Clinic, BoaltHall Law School, Berkeley, Cal., Kevin R. U.S.Atty., of counsel), for respondent.Ĭarolyn Patty Blum, Berkeley, Cal. Helton, Lawyers Committee for Human Rights, of counsel),for petitioner. COUNSEL: Mary Boresz Pike, New York City (Somerstein& Pike, Arthur C. Matter of Doherty by Government of United Kingdom of Great Britainand Northern Ireland, 599 F.Supp.
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