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Giammarco v. Johnson
The clinic represents Arnold Giammarco, a recently deported U.S. veteran. Mr. Giammarco arrived in the United States as a lawful permanent resident at the age of four in 1960. Mr. Giammarco later served in the Army and the Connecticut National Guard. He is currently married to a U.S. citizen. The couple has a young daughter. In 1982, Mr. Giammarco filed a naturalization application, which the government never finished processing. In 2011, while his application was pending, Immigration and Customs Enforcement (ICE) arrested the Mr. Giammarco, illegally detained him without bond for nearly a year and a half, and then deported him to Italy based on old shoplifting and possessory drug convictions. After spending fifty-one years of his life in the United States, Mr. Giammarco struggles to adjust to life in a foreign land thousands of miles away from his family and home. On November 12, 2013, Mr. Giammarco filed a federal lawsuit seeking to compel U.S. Citizenship and Immigration Services (CIS) to adjudicate his application.
In spring 2014, DHS and Mr. Giammarco filed cross-motions for summary judgment. In fall 2014, the U.S. District Court concluded it lacked jurisdiction, dismissed the action, and denied the summary judgment motions as moot. In fall 2015, the U.S. District Court granted Mr. Giammarco’s motion to reconsider, vacated its prior ruling, and reinstated the mandamus action. The parties resubmitted cross-motions for summary judgment, which are now pending.
In addition, in 2014 Mr. Giammarco submitted an application for an unconditional pardon to the Connecticut Board of Pardons and Paroles, which was denied without a hearing, and an application for humanitarian parole to DHS, which was also denied. In spring 2015, the Connecticut General Assembly considered but did not enact a private bill, H.J. 46, “Resolution Pardoning Former Sergeant Arnaldo Giammarco.”
Complaint, Giammarco v. Beers, No. 3:13-cv-01670-VLB (D.Conn.) (Nov. 12. 2013)
Al Jazeera America, Deportation of US veterans a ‘growing problem,’ July 16, 2014.
Ayana Harry, Army Veteran Expelled From U.S. Fights Deportation, Fox Connecticut, November 12, 2013.
John Christoffersen, Arnold Giammarco, Army Vet Expelled From U.S., Fights Deportation, The Associated Press, November 12, 2013.
Editorial, These Veterans Are Legal Immigrants, But Getting Deported, The Hartford Courant, November 8, 2013.
Peggy McCarthy, Veterans Expelled From U.S. For Minor Crimes Fight Deportations, The Register Citizen, November 3, 2013.