Wayzaro Walton is facing deportation to England by Immigration and Customs Enforcement (ICE) for felony and misdemeanor convictions in Connecticut. Courtesy photo.2nd Circuit Showdown Scheduled Over Walton Deportation
Attorneys for Connecticut resident Wayzaro Walton and ICE will give oral arguments before the U.S. Court of Appeals for the Second Circuit on Sept. 3. ICE is trying to deport Walton, who has several criminal convictions in Connecticut, but was pardoned by the state for those offenses.
August 28, 2019 at 10:58 AM
3 minute read
Attorneys for Hartford resident Wayzaro Walton will be making a last-ditch effort to keep her from being deported to England on Sept. 3 as they make oral arguments before the U.S. Court of Appeals for the Second Circuit in New York City.
Erin O'Neil-Baker, Walton's attorney who works for the Hartford Legal Group, told the Connecticut Law Tribune Wednesday that she, along with Connecticut Attorney General William Tong, will make oral arguments on Walton's behalf next week in front of the three-judge panel. A representative from the Department of Justice will speak on behalf of the government, which is seeking to deport Walton for felony shoplifting and five misdemeanor convictions, all for sixth-degree larceny.
Connecticut pardoned Walton, who moved to the United States from England when she was 4 years old, for the offenses. The issues get complicated because the federal Immigration and Customs Enforcement (ICE) only recognizes pardons made directly by state governors. In Connecticut, a board that the governor appoints issues pardons. ICE has not recognized that pardon, and is continuing deportation proceeding against Walton, who has been in a Massachusetts detention center for about five months now.
The agency has made three attempts since 2012 to deport Walton, 34, who is married and has a 16-year-old American daughter.
O'Neil-Baker said "the court is focused on whether it has the jurisdiction under the All Writs Act. It will look at whether it has the jurisdiction and authority to review and to stay a removal order. Our main argument will be that the Second Circuit has the authority to stop her removal from the U.S., even though there is no actual petition for review pending with the Second Circuit."
O'Neil-Baker continued: "If the court denies this stay, there is a very good chance she will be deported immediately, which would be awful. If they grant this motion to stop her deportation, then she is protected from being deported, but will still be detained."
If that is the case, O'Neil-Baker said she'd pursue separate legal action to get Walton released.
No one from ICE responded to a request for comment Wednesday.
Connecticut Sens. Richard Blumenthal and Chris Murphy and Hartford Mayor Luke Bronin are among officials and political leaders who have advocated for Walton to remain in Connecticut.
Tong and his office have taken a strong interest in immigration-related issues.
They include the following items that occurred all this month:
Tong joined in a lawsuit opposing the Trump administration's rule allowing indefinite detention of children. Tong also helped lead the fight for driver's licenses for immigrants, in filing an amicus brief that New York's Green Light Law is constitutional and will improve road safety.
In addition, Tong also challenged the Trump administration's expedited removal rule to unlawfully deny immigrants due process. And he challenged the revised public charge rule on immigrant families.
Read more:
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