NY Highest Court Rules Deported Immigrants Entitled To Appeals

The New York Court of Appeals, in a decision on two companion cases (People v. Gardner and People v. Ventura), ruled yesterday that the Appellate Division, Second Department, abused its discretion by declining to hear appeals in criminal cases because the defendants had been deported after being released from jail. Carlos Ventura was deported to the Dominican Republic in 2008 after being convicted of stealing a car. Damian Gardner was deported to Jamaica for overstaying his visa in 2009 after being convicted of seventh-degree drug possession and serving 60 days in jail. The Court of Appeals ordered review of both cases on the merits and stated: "Ventura and Gardner had an absolute right to seek appellate review of their convictions...[they] were involuntarily removed from the country and their extrication lacked the scornful or contemptuous traits that compel courts to dismiss appeals filed by those who elude criminal proceedings...they, and other similarly situated defendants, have a greater need to avail themselves of the appellate process in light of the tremendous ramifications of deportation." See article in Wall Street Journal. The opinion can be found here.