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Immigrant Claims "No Due Process"
Posted: 07.06.2009 at 10:43 PM
Ryan Wolf

Ryan Wolf is an anchor and reporter for Action 4 News.

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PORT ISABEL -- A letter Action 4 News received is shedding new light into why a Haitian immigrant went on a 10-day hunger strike that at one point caused him to collapse at the Port Isabel Detention Center. 

Kenson Lima wrote about how his due process rights have been violated by immigration officials.

The legal permanent resident since 2003 was detained by ICE agents in Florida while in jail for aggravated battery.

 The charge against him was later dismissed.

 But Lima was in jail once before and sentenced to 30 days for domestic violence.  Turns out a criminal conviction puts a non-US citizen's residency in jeopardy.  
                    
"If they want to maintain their residency they must abide by all the laws... But the minute they are convicted of a crime they are then placed into removal proceedings," said Niñe Pruneda, a spokesperson for ICE.

But Lima wrote how he paid his debt to society back and how the 2007 crime he committed should not be held against him now.

 Members of the Southwest Workers Union agree with him.

They've been protesting outside the Federal Court in McAllen to shed light on alleged discriminations    against immigrants like Lima.

 We asked one member if she knew Lima was a convicted criminal.  

 “Right this is a misdemeanor... He was accused of a misdemeanor... However our position by the organization in the community is that people have fundamental human rights... One of those rights is due process," said Anayanse Garza.

Lima could be deported for his own actions. 

The law states you cannot commit a crime involving moral turpitude, within 5 years of entry. 

 That’s why his letters, the protests in support of him or even his own hunger strike may not be enough to stop the wheels of justice from turning.

Click here to read Kenson Lima’s letter