Another Wrongful Deportation

Dan Kowalski on LEXIS-NEXIS Immigration Law Community tells how, in 2009 ICE and EOIR deported Fred MacDonald, an S13 Canadian Born American Indian. In 2011 ICE admitted it was a mistake, because under INA Sec. 289, 8 C.F.R. 289 and Matter of Yellowquill, 16 I&N Dec. 576 (BIA 1979) S13 American Indians born in Canada are not subject to deportation. In two related federal cases, MacDonald is seeking damages; DOJ has moved to dismiss.

KJ