(BBC) Three nationals of Caribbean states are among six people pardoned by outgoing Governor of New York, David Paterson.
They were all subject to deportation as a result of prior criminal convictions.
The three are Jamaican Marlon Oscar Powell, Darshini Ramsaran, who has dual citizenship in Guyana and Trinidad, and Mario Benitez of the Dominican Republic.
The pardons will make them eligible to seek discretionary relief from deportation.
The following are case profiles of the trio as issued by the Governor’s office:
Marlon Oscar Powell
Mr Powell lawfully immigrated to the United States from Jamaica in 1986, when he was 13 years old.
When he was 15 years old, he was convicted of using a fake ID to gain admission to a club where he was arrested for misdemeanour drug possession and sentenced to 9 months in jail – under the mistaken belief that he was then 21 years old.
Had Mr Powell properly been considered a youthful offender, his misdemeanour crime would not be deportable.
In the 20 years since his release, he has become a productive member of society, maintaining steady employment and supporting and raising his 4 young children.
Mr Powell is now in immigration detention in New Jersey and was recently ordered removed from the country.
This pardon will give him a basis to re-open the removal proceedings and make him eligible to seek discretionary relief from removal.
Darshini Ramsaran
At the age of 8, Ms. Ramsaran, who has dual citizenship in Guyana and Trinidad, was brought to the United States on a visitor’s visa, and her parents never sought to adjust her status.
During her teenaged years she was the victim of repeated and awful physical abuse, which caused her deep psychological distress.
She nonetheless testified against one of her abusers, who was convicted and deported to Guyana.
When she was 21, she pled guilty to third-degree robbery for being the driver during a street robbery perpetrated by her then-boyfriend (who also had abused her) and two other men.
Ms. Ramsaran cooperated with prosecutors and testified against one of the accomplices, as a result of which she remained in custody for over two years, even though she was sentenced to only 364 days in jail for her conviction.
After her testimony, she immediately was detained by immigration officials, and has remained in such detention for well over a year.
Ms Ramsaran, who is represented by Sanctuary for Families, has filed a petition for a U-Visa, a type of visa that is available to non-citizens who cooperate in the investigation and prosecution of criminal activities against them.
This pardon will assist her in obtaining such a visa, which is of significant importance because of the dangers Ms Ramsaran would face if deported to her native Guyana or Trinidad, where the two men she testified against have threatened her and easily could subject her to further harm.
Mario Benitez
In 1978, when he was 26 years old, Mr Benitez immigrated to the United States from the Dominican Republic, and a few years later he served honourably in the United States Navy.
In 1988, Mr Benitez pled guilty to second-degree criminal sale of a controlled substance and was sentenced to 8 years to life in prison.
While in prison, Mr Benitez was a “role model” inmate, who earned a Bachelor’s Degree in Accounting and, upon release, began working at the City University of New York’s (CUNY) Lehman College.
After passing the CPA (certified public accountant) exam in 1997, he has risen to jobs with higher levels of responsibility, and today he is the Assistant Director of Finance for CUNY’s Graduate School and University Center in charge of a budget in excess of $60 million.
Mr Benitez, who was discharged from parole supervision after only 3 years, has been involved in numerous community activities in the Bronx, including one-on-one youth mentoring.
He is married and has 4 daughters, all of whom are United States citizens. This pardon will make him eligible to seek discretionary relief from deportation.
