So #MariaButina was released from fed prison this morning & per her lawyer she will be on her way to the Motherland TODAY! How is it that she gets a BOP-to ICE-to plane in few hours and my clients sit in ICE detention the full removal period & more? washex.am/2MImYv0
Let me walk you though the process of effecting removal after completion of a criminal sentence that applies to anyone not named #MariaButina.
#MariaButina appears to have entered into a stipulated order of removal as part of her plea deal/federal sentencing, thus bypassing the need to go before an immigration judge for determination of removability. Nothing unusual here. 1/
Once everyone -- ICE, Butina, her lawyers-- signed on the stipulated removal order and its was run and approved by the EOIR it became final thus subject to execution. 2/
Because she is subject to final order of removal ICE placed a detainer on her w BOP meaning, feds cannot release her at the completion of her sentence but ICE will show up to pick her up & transfer her into ICE custody to effect removal. This happens to every non-citizen ... 3/
... who is in BOP system & ICE has placed a detainer basically saying person is subject to order or removal or bc of the crim sentence he/she can lose green card or is subject to removal for lack of lawful immigration status. Non-citizens are then placed in civil detention. 4/
Here is where similarity ends. Everyone not named #MariaButtina enters into punitive immigration detention hell! ICE has 90 days, called the removal period, to execute the order of removal and during this period NO ONE gets released, no matter what no matter why! 5/
I have been doing immigration for a long time and have seen unfortunately too many ppl going through this hell and let me tell ya' ICE looves to drag their feet in putting ppl on the plane. Countless times families have offered to buy the tickets just to speed the process. 6/
But no!, you see ERO insists that Govt will pay the plane tickets but it is on thier timeline! The more ppl ask for quick travel arrangements the more ERO seems to drag their feet. 7/
in 19 years I have never had nor have I ever heard of ANYONE getting on the plane within hours of ICE asserting custody from BOP. Hell! In border cities it takes ERO 24hr to just walk ppl down the pedestrian bridge to MX. 8/
Oh and side note! that bit about the 2 ICE officers accompanying Maria Butina, nothing to see there kids, ICE often has to accompany deportees if they are not on a direct flight out of US ... or they have to deliver custody (not the case here).
