UPDATE! For those of you that seem to think Trump is going to give Joe a presidential pardon (LOL) TMZ is reporting today that Teresa asked Trump for a character reference for Joe before his trial in an attempt to sway a judge to give him a lessor sentence (this is from BEFORE he was president) and the request was denied. I think the most hilarious part of this story is thinking that Donald Trump would be a good character reference. Donald Trump! And he has never even met Joe. The whole Trump fantasy has been my favorite part of this debacle.
Everyone seems all atwitter (see what I did there?) about the judge ruling today in Joe Giudice’s deportment proceedings. Well, everyone except for Tamara Tattles readers. Once again, nothing has changed. Joe has been in the process of deportment since he was sentenced for his felonies. Today, a judge just made it official that the deportment process was legal and able to go forward.
Judge John Ellington continued the lengthy process of deportation when he ruled that the current deportation is legal and binding in Pennsylvania’s York Immigration Court, “Based upon the law, I find you deportable and ineligible for any kind of relief. Mr. Giudice, no matter how this turns out, I wish you the best. I decided this case as a matter of law.” First of all, doesn’t he decide all cases as a matter of law? At any rate, that is the ROL quote that is the basis of today’s “big news.” He basically ruled that nothing that Joe’s attorneys have tried to stop the deportment has a legal basis to derail the the deportment and the process of deportation will continue.
This is not really news. the process for deportation is lengthy and this is simply another step in the process. Giudice’s attorney’s have never expected to be able to stop Joe’s deportation. In fact, their goal is to expedite the process. The first step in their plan was to have this deportment ruling done as soon as possible in an attempt to limit the amount of time he has to spend in an ICE detainment center. Everything is going on as scheduled.
Meanwhile, Teresa Giudice has been on some sort of month-long vacation lately spending time in Miami and Vegas with girlfriends. It seems like she is living her best life with no kids in sight since school started. Teresa’s Attorney continues to claim she is not divorcing Joe. She does have a new best friend who she met with several times last January who is a high powered divorce lawyer. But I’m sure that is just a coinkydink. Just like that time in New Jersey when she asked Luann what it was like going through a divorce while on reality TV.
There is one interesting thing that has happened lately. For my readers who are attorneys and my fellow alumni of The Google School of Law, I do see some glimmer of reprieve for Joe based on a Supreme Court decision from April of this year regarding the definition of “aggravated felony.” In that 5-4 decision, The US Supreme Court held that the term “aggravated felony” in the Immigration and Nationality Act as it relates to §16(b) of the federal criminal code, is “unconstitutionally void for vagueness” under the Fifth Amendment‘s Due Process Clause.
In simple terms, there is some legal question now about what crimes are considered aggravated felonies and are therefore deportable offenses. However, this ruling appears to apply to legal permanent residents and it is unclear even at this point if Joe did in fact have a legal resident status at the time his crimes were committed (or any other time.) I have seen no evidence that he did. Regardless, that could be a fun avenue for his attorneys to go down until Teresa decides to stop paying them.
Historical Posts on Joe Giudice’s Deportment Process
If you are interested in the entire process of Joe’s deportation, the best place to start is last September when Joe lost the opportunity to participate in the alcohol program (RDAP) that would have shaved quite a bit of time off of his sentence. An ICE detainer was placed on Joe by Immigration in March of 2016.
The rest of the news all is the result of that retainer. Here is what I said about the retainer and how it effects his RDAP program in a very lengthy post on the subject you can read here.
So, to summarize, Joe could well get into the RDAP despite his illegal status in the country as a non-citizen; however, the only result of that would be to move him into an ICE facility a year earlier. It’s still a good gig for him if he can get it with regard to moving out of prison sooner, but most likely he will be spend at least a couple of years awaiting deportation in an immigration detention facility. If he gets lucky, and is admitted into RDAP, and earns all his good time his release date will be 3/14/18. That’s a week short of two years.And then, he will be in the deportation center for most likely at least that long, in which case it highly likely that the next time he is a free man will be no earlier than 2020 and he will be in Italy when it happens with no possibility for a visa to return.
Lawyers for Joe were in court today arguing that Fort Dix is excluding him for the RDAP program which now pushes his release date out a year father to 3/14/19. Their motion also claimed that the prison is preventing him from fighting his scheduled deportation. The prison does not allow inmates to appear before immigration judges. According to the court document, other federal prisons allow inmates to challenge their deportations. The earliest he will be able to challenge the order is after his release to ICE in 2019. This is a problem because it takes years to challenge the detainer and his attorneys want to go ahead and get started on that.|He is not going to win a challenge against ICE. He will likely spend at LEAST two years in civil detainment. Then he will eventually be deported to Italy no earlier than 2021 and will not be allowed to return to the United States. EDIT Today’s news means that Joe’s immigration attorneys can begin appealing the ruling while Joe is still in federal prison. This could limit his time in the ICE detainment center and expedite his removal to Italy.
So again, the reason people spend so much time in the nasty ICE detention center is because their attorneys are fighting the detainer and due to the number of deportations and the limited number of judges the process usually takes years. So last September when Joe was not allowed into the RDAP program that was offered at Fort Dix, and because Fort Dix does not allow inmates to appear before immigration judges, his lawyers petitioned to have him transferred to Allenwood where he would be allowed to go to immigration court.
Joe was transferred to Allenwood fairly quickly after he was denied RDAP (due to his detainer and program overcrowding) so that his attorneys could begin the process of challenging his detainer. This is good news for Joe. The bad news for Joe is that his charges are considered “aggravated felonies” and this pretty much seals the deal that he will be deported unless his lawyers have some sort of miracle up their sleeve. However, if they start fighting his detainer now, a process that takes years, even when they decide to deport him anyway, this process is cutting down his time in the ICE detention center and expediting the process of him becoming a free man in Italy.
Even if he exhausts all avenues to attempt to stay in the US, which is the most likely outcome of the immigration court process, he will still be released to ICE upon completion of his sentence to await his deportation. He just won’t have to sit in a deportation center for as long as he would have if he had to wait and begin the process on arrival at the center as he would have if he had stayed at Fort Dix.
So ONCE MORE WITH FEELING, there has been no change in his deportation status since he was put on detainer in March shortly after he arrived at Fort Dix. ICE has been planning to deport him the entire time. He will have to serve his sentence here before he is deported. He will not be deported before his sentence is over. And the final deportation order is yet to be signed.
His current release date is March 14, 2019 at which point he will be held in the deportation center by ICE until his deportment is scheduled.