Wayzaro Walton learned Monday she would not be deported to England for crimes she committed in Connecticut. Courtesy photo

Following a nearly eight-year-long court battle to prevent the deportation of Hartford resident Wayzaro Walton to England for felony shoplifting and five misdemeanor convictions, the Board of Immigration Appeals has ruled that Walton can permanently remain in Connecticut.

The deportation fight raised questions about the federal government's acknowledgment of state pardons, and is good news for defendants facing deportation for crimes committed in the United States.

The Board of Immigration Appeals, which is part of the Department of Justice, made its ruling Dec. 5, but Walton's attorney Erin O'Neil-Baker received news of the decision via mail Monday morning.

Walton's case hinged on the nature of her pardon.

The 35-year-old, who moved from England to the United States when she was 4 years old, had received a pardon from a governor-appointed board. But the federal Immigration and Customs Enforcement agency had been saying for years it only recognizes pardons that came directly from governors.

Judge Edward Grant wrote the ruling for the Board of Immigration Appeals.

"We are persuaded that the respondent's pardon by the Connecticut Board of Pardons and Paroles has the effect of an executive pardon," Grant wrote. "As a result, there is no reason to address the further arguments in respondent's motion."

No one from the Department of Justice responded to a request for comment by press time Monday.

'Her Life Changed'

Connecticut Gov. Ned Lamont applauded the outcome.

"Today's ruling is a win for every resident of Connecticut," he said in a written statement. "A pardon granted in the state of Connecticut is no different from a pardon issued in any other state. … Any attempt by a federal agency to ignore that would have created an unjust reality for every person who lives in Connecticut."

Walton's lawyer, O'Neil-Baker, is a partner with the Hartford Legal Group. She has been litigating pro bono on Walton's behalf since 2012.

"It was very difficult to go up against the Department of Homeland Security and their very strong position against the validity of Connecticut pardons," O'Neil-Baker said. "Through legal challenges and the extraordinary support from the Connecticut Attorney General's Office, the Connecticut governor's office and others, and the perseverance of Wayzaro, we were able to keep going."

"I think that the DHS position was very entrenched," O-Neil-Baker continued. "This change of the law today will affect a lot of people. I don't know if they underestimated me, but they might have underestimated the strength and authority of the state of Connecticut."

Walton lives with her wife and teenager daughter in Hartford.

O'Neil-Baker said she spoke to her client late Monday morning.

"She was breathless," the attorney said. "It's really hard for her to accept this decision, because it's such a huge change for her."

Noting that her client was released late last month from a detention center after spending eight months there, O'Neil-Baker said, "She barely adjusted to being released, and now she is told she's getting her permanent residency back. It's a huge life change for her. Her life changed forever today."

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