BS: Thanksgiving in the US of 2003

Subject: BS: Thanksgiving in the US of 2003
From: InOBU
Date: 27 Nov 03 - 08:55 AM

My friend Eamon sent this out, and I think it is the new Pilgrim's story...

McALLISTER FAMILY UNDER SIEGE

The Department of Homeland Security ("DHS"), under the authority of
Attorney General John Ashcroft, defying a ruling from the United
States Court of Appeals, has laid siege to the home of Bernadette
McAllister and her children, Sean and Nicola, and has launched a
manhunt for her husband Malachy.

On Wednesday, November 19, 2003, Bernadette and her children were
making preparations to celebrate Thanksgiving in the New Jersey
town of Wallington. That was until Bernadette received the shock
decision from the Board of Immigration Appeals that she and her
children were to be stripped of their hard-won status of political
asylum and deported within 30 days back to Belfast. Worse still,
her husband Malachy was in grave danger of being shackled and
deported immediately.

As the McAllisters raced to file their appeals and seek the
protection of the U.S. Court of Appeals for the Third Circuit,
around 20 DHS agents surrounded their home in the early hours of
Friday morning, and two agents barged their way into her home
looking for her husband. The last time armed government agents
descended on the McAllister home was in 1988 in Belfast when a pro-
British Loyalist death-squad came to kill Malachy and launched a
sustained gun attack on her children and their grandmother. A
federal judge found, as a result, that Bernadette and the children
had suffered "severe persecution" and granted them political asylum
in the United States.

The Federal agents who raided her home refused to identify
themselves and still have not produced a warrant for her husband's
arrest. Nevertheless they threatened to arrest Bernadette and her
children for "obstruction of justice" when she attempted to serve
them with a court-stamped copy of her motion seeking a stay of the
detention and removal of her husband.

Despite the fact that the Court of Appeals immediately issued a
temporary stay of removal pending its decision on this case, the
DHS remains staked out at the McAllister home and continues,
unlawfully, to treat Malachy McAllister as a "fugitive" from the
very removal order which the Court has stayed! More disturbingly,
the DHS continues to threaten Bernadette with criminal arrest for
"obstruction of justice." The irony is glaring. The only people in
this case obstructing the wheels of justice are John Ashcroft's DHS
agents.

The McAllister family's case enjoys the widespread support of many
in the Irish-American community and its media, among groups such as
the Irish American Unity Conference and the Ancient Order of
Hibernians, as well as the support of many Congressional leaders.
However, the family remains in grave danger and we must keep the
pressure on until the siege is lifted.

Call Attorney General John Ashcroft and demand to know why Malachy
McAllister is being treated as a fugitive, and why the DHS are
staking out the McAllister home in the run-up to Thanksgiving, when
their appeal has been accepted by a United States Court of Appeals.
Call your Senator and Representative, and ask that they sign on to
a letter from Stephen R. Rothman (D, NJ; 9th District) instructing
the DHS to allow Malachy McAllister to return home without fear of
arrest and detention.

DEMAND THAT THE SIEGE BE LIFTED NOW!

Hon. John Ashcroft
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Tel: [phone]

If you wish to send a donation to help defray the legal costs in
what may be an extensive legal battle, please make checks payable
to Smith Dornan & Shea PC, mark as "McAllister Legal Defense Fund",
and send to:

Smith Dornan & Shea P.C.
355 Lexington Avenue, 17th Floor
New York, NY 10017
Tel: [phone]
Fax: [phone]

Press Release: November 22, 2003
Contact information: Eamonn Dornan, Esq., [e-mail],
(212)
370-5316

Subject: RE: BS: Thanksgiving in the US of 2003
From: McGrath of Harlow
Date: 28 Nov 03 - 08:26 AM

Here's a bit more about this.

Subject: RE: BS: Thanksgiving in the US of 2003
From: InOBU
Date: 28 Nov 03 - 10:38 AM

Thanks Kev: This should be cross linked to the Patriot Act II post I suppose. Chilling. Cheers Larry

Subject: RE: BS: Thanksgiving in the US of 2003
From: SINSULL
Date: 28 Nov 03 - 11:00 AM

Larry,
The only explanation I have seen for the proceedings is the accusation that McAllister is a terrorist. Any idea of the basis for this charge? I can find no specifics. Who are the political forces in Ireland pushing Ashcroft's buttons? He and his family are not a threat to anyone here as far as I can tell. Who benefits from his deportation?
Any thoughts?
Mary

Subject: RE: BS: Thanksgiving in the US of 2003
From: Barry Finn
Date: 28 Nov 03 - 11:02 AM

I agree Kev. Here's what we can expect for the future. We're only beginning to hear about the many horror stories that are starting to surface in the name of Homeland Security. J Edger Hoover & Joe MaCathy will seem like a couple of green kids at play compared to the gang riding rough shod over the land now. It seems as if we're now committing acts that we condem of nations of practicing.

Barry

Subject: RE: BS: Thanksgiving in the US of 2003
From: InOBU
Date: 28 Nov 03 - 12:52 PM

Dear Mary:
I wish I could propose some reason for this. In point of fact, those Irish folks given political asylum have been modle citizens. But, this is the same government which will not allow Burnadette Devlin McCallisky into the country, though she has been here under every other adminstration and never did any mischief, and after all, is an ex member of parliment. Go figure. Cheers Larry

Subject: RE: BS: Thanksgiving in the US of 2003
From: McGrath of Harlow
Date: 28 Nov 03 - 01:04 PM

I think the habit for using the words "terrorist" and "terrorism" to refer only to illegal non-government organisations, and to any activities carried out by such organisations, ought to be resisted.

"Terrorism" means violence against civilian targets, used as a way of trying to bring about political change, or prevent it. Anyone who does that is engaged in terrorist activities, regardless of whether the organisation they are working for has legal status ot not.

And activities carried out by illegal organisations which do not fall into that category - for example attacking military units - should not be referred to as "terrorism". That isn't to justify these. But words should be used accurately.

Subject: RE: BS: Thanksgiving in the US of 2003
From: wysiwyg
Date: 28 Nov 03 - 02:15 PM

And not like THIS, right?

~S~

Subject: RE: BS: Thanksgiving in the US of 2003
From: InOBU
Date: 29 Nov 03 - 08:14 AM

Dear ~S~:
The link did not work when I tried it. I will try it again. The IRA and INLA have their Mai Lai's as did the ANC and the French Underground. However, the US, and the British (espcially the SAS)enguage in terrorism in every war they fight as a policy. In Iraq, today, it has been reported and Paul Wolfawitz did not deny it, that we are killing 1,000 human beings a week. In Ireland, British forces would retaliate against children with regularity. Perhaps the reason the US is acting against folks like the McCallisters is the national guilty concience.
All the best,
Larry
PS Hope all had a nice thanksgiving, (in the US of course) I did!

Subject: RE: BS: Thanksgiving in the US of 2003
From: kendall
Date: 29 Nov 03 - 08:13 PM

It's only the beginning...

"When they came for the Jews, I didn't care; I'm not a Jew.
When they came for the Catholics, I didn't care, I'm not Catholic......" Sound familiar?

Subject: RE: BS: Thanksgiving in the US of 2003
From: maire-aine
Date: 30 Nov 03 - 10:41 AM

Here's an update:
>>>>>> Action Alert: Bear witness to likely deportation injustice


-----------------------------------------------------------------
From supporters of Malachy McAllister, an Irish Republican
living with his family in New Jersey. Malachy will end a
decalred "manhunt" and, armed with a court ruling freezing the
deportation order, will present himself to face his threatened
and expected deportation tomorrow.
-----------------------------------------------------------------


The U.S. Bureau of Immigration and Customs Enforcement ("BICE"),
has ordered that Malachy McAllister "surrender" himself into
the custody of BICE at 8 a.m. this Monday, December 1, 2003,
with his bags packed, ready for deportation.

Ignoring the ruling of the United States Court of Appeals for
the Third Circuit freezing his deportation, BICE has formally
issued a "surrender" letter to Malachy, and candidly admits
that the purpose of it is a means to secure his arrest and
detention. This is in spite of the letter from ten
Congressional Representatives and a U.S. Senator for New
Jersey demanding that Malachy not be detained while the Court
of Appeals decides his case. BICE continues to refuse to
explain what authority it believes it has under the law to
treat Malachy as a "fugitive."

Moreover, if an arrest is effected on Monday morning, it may
well be in violation of Malachy's constitutional rights.
Despite repeated requests, the BICE has refused to provide
Malachy's lawyers with a copy of the arrest warrant, or to
answer the challenge that any arrest based on the frozen
removal order is unlawful and unconstitutional.

After having been treated as a "fugitive" for over a week,
having been restrained of his liberty and denied the normal
association of his family over Thanksgiving, Malachy now
demands that the government either put up or shut up.
Accordingly, Malachy will appear on Monday morning as
requested, and walk into the BICE detention center with his
head held high. However, he fully expects that BICE will carry
through its threat to arrest him, even if it is unlawful.

We ask that anyone who can spare the time arrive before 8 a.m
on Monday, December 1, 2003, at the Hemisphere Center, 570
U.S. Routes 1 & 9 South, Newark, New Jersey to show solidarity
and support. Please remain outside in the parking lot, as BICE
may view any attempt to crowd the arrest area as provocative.
Bring Irish and American flags and your organization banners,
as there may well be some television coverage. Continue to
call your Congressional Representative and Senator and demand
Malachy's immediate release. Call [phone], or go to
www.house.gov, and www.senate.gov to find your members of
Congress.

Contact information: Eamonn Dornan, Esq., [e-mail],
[phone], Sean Downes, Esq., [phone]




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Subject: RE: BS: Thanksgiving in the US of 2003
From: Teribus
Date: 01 Dec 03 - 08:15 AM

From the link supplied by MGOH

    "McAllister and his family fled Northern Ireland following an armed loyalist attack on their home in October 1988, in which 25 shots were fired into their living room. These shots barely missed McAllister's children and mother-in-law. Fearing for their lives, McAllister and his family fled Northern Ireland and have been seeking asylum in the United States. Many believe that if forced to return to Northern Ireland they will once again be the targets of violence.

    McAllister has gone through several appeals to receive political asylum for himself and his family. Mrs. McAllister and her attorney told Rothman that on November 17, 2003 the Board of Immigration Appeals denied Mr. McAllister's appeal for asylum. This final decision ordered Mr. McAllister to be removed from the United States. According to BICE officials, this order also required that Mr. McAllister be taken into custody. The McAllister's attorney immediately filed with the U.S. Court of Appeals for the Third Circuit, a Petition for Review, a Motion for a Stay of Detention and Removal, and a Motion for Temporary Restraining Order to Stay Detention and Removal. The Third Circuit Court granted a temporary stay of removal, but left open the issue of whether McAllister must be taken into custody pending the three judge panel's review of the entire matter."

From Larry's initial post it would appear that McAllister's wife and children were granted political asylum:

"A federal judge found, as a result, that Bernadette and the children
had suffered "severe persecution" and granted them political asylum
in the United States."

What were the reasons for McAllister's case being treated seperately from those of his family? Surely the circumstances were common to both. In the link supplied by Kevin, there was no mention of this man's wife and family being granted asylum.

Subject: RE: BS: Thanksgiving in the US of 2003
From: InOBU
Date: 01 Dec 03 - 07:29 PM

Hi Tiberius:
It has been a few years since I had a talk with Eamon, who wrote the initial post. That line perplexes me as well, and it may be that Malachy's family got asylum and Malachy's is being wieghed. I will call Eamon and get back to you all. I've been scratching my head as well. It's a good excuse to call him and see how he is doing.
Cheers
Larry

Subject: RE: BS: Thanksgiving in the US of 2003
From: maire-aine
Date: 03 Dec 03 - 10:02 PM

Got this update today:

McALLISTER'S RELEASE A SMALL VICTORY FOR IRISH AMERICA
12/03/03 06:53 EST

Irish American activists are celebrating a victory of sorts
following the release of Malachy McAllister from the U.S.
Bureau of Immigration and Customs Enforcement (BICE)
Detention Center in Newark last week.


In the early 1980's in Belfast, Mr. McAllister joined the
Irish National Liberation Army. After serving more than
three years in prison following an attack on the RUC in
which an officer was wounded, he was released from custody.


However, in 1988 masked gunmen sprayed the McAllisters'
Belfast home with automatic gunfire while he, his wife, and
their 4 children were inside. He decided to leave Belfast
and build a life for his family on this side of the
Atlantic.


The McAllisters made the move, ending up in New Jersey in
1996. They requested political asylum, arguing that their
lives would be in danger if they returned to Belfast.


In late 2000, an immigration judge ordered that Mr.
McAllister, who is 46, be deported, but granted asylum to
his wife for having "suffered extreme past persecution
based on her religion, her political opinion, and because
she is Malachy McAllister's wife."


Mr. McAllister appealed his denial, the government appealed
the asylum granted to his wife, and life continued.


However, McAllister had learned on Wednesday, November 19
from the Board of Immigration Appeals that his family were
to be deported within 30 days back to Belfast. For
Malachy, he was under threat of being shackled and deported
immediately.



As the McAllisters raced to file their appeals and seek the
protection of the U.S. Court of Appeals for the Third
Circuit, around 20 DHS agents surrounded their home in the
early hours of Friday morning, and two agents barged their
way into her home looking for her husband.


The Federal agents who raided her home refused to identify
themselves and would not produce a warrant for her
husband's arrest. Nevertheless they threatened to arrest
Bernadette and her children for "obstruction of justice"
when she attempted to serve them with a court-stamped copy
of her motion seeking a stay of the detention and removal
of her husband.


Then, following a sustained campaign by Irish American
activists and congressional intervention, Congressman Steve
Rothman (D-NJ9) obtained the release of Malachy McAllister
from the U.S. Bureau of Immigration and Customs Enforcement
(BICE) Detention Center in Newark following his surrender
there on Nov 29th.


The release, arranged by the Congressman through the
Department of Homeland Security, will allow Mr. McAllister
to be with his wife and children pending his appeal for
asylum, which is being considered by the U.S. Court of
Appeals for the Third Circuit.


Mr. McAllister surrendered himself at the Detention and
Removal Office of the BICE in Newark on the morning of the
29th, and Congressman Rothman met Mr. McAllister and his
lawyer there to help obtain McAllister's release.


"This is a great victory for Malachy McAllister and his
family, and I am proud to have assisted them in stopping
this injustice. I am delighted that Malachy will return
home to be with his family and will remain free while his
asylum appeal is pending before the U.S. Court of Appeals
for the Third Circuit," Rothman said.


"Malachy McAllister and his family have already been the
victims of violence in Northern Ireland, where loyalist
forces fired 26 shots into the McAllister home. If forced
to return to Northern Ireland, the McAllister family would
most likely be threatened, harassed, and targeted by
violence again. We cannot allow this to happen."


Mr. McAlister expressed is gratitude to Congressman
Rothman "for his tireless work to allow me to be reunited
with my family after this emotional rollercoaster,"
McAllister said.


"Without the efforts of Congressman Rothman, I have no
doubt but that I would have been arrested and shipped out
to face my persecutors. Congressman Rothman has
demonstrated that he is a trusted ally and friend of Irish
America and that he can always been depended upon to come
through when we need his help."

      
McAllister's lawyer Eamonn Dornan said, "With much
perseverance and persistence, Congressman Steve Rothman got
the federal government to give Malachy McAllister his
freedom. Congressman Rothman is a fighter for justice and
that was as clear as ever throughout this very difficult
ordeal to reunite Malachy McAllister with his family."

      
Rothman added, "I will continue working to ensure that
Malachy McAllister remains free while his appeal is
pending. I will also continue fighting to make sure that
the McAllister family is granted asylum and not forced to
return to the dangers from which they fled. The McAllister
family came to America seeking refuge from persecution and
violence they suffered due to their religion. The
McAllister family deserves sanctuary in our nation. They
pose no threat to our nation and simply want the chance to
raise their children safe from harm."

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