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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-motionsfor summary judgment. On March 17, 2016, Judge Bryant issued a thirty-page opinion in Mr. Giammarco’s separate action to compel DHS to adjudicate his 1982 naturalization application. Judge Bryant denied the government’s motion to dismiss, granted Giammarco’s motion for summary judgment, and ordered DHS to adjudicate his still-pending application.
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.”
Arnold Giammarco filed a petition for a writ of habeas corpus ad testificandum on March 16, 2016 to compel DHS to allow him to temporarily enter the U.S. and present his in-person testimony at a hearing before the CT Judiciary Committee on April 4 as he had been subpoenaed to do. Please see below for related press release.
On March 16, Judge Bryant ordered the Respondents “to show cause why Petitioners’ Emergency Petition for Writes of Habeas Corpus ad testificandum should not be granted.” The Show Cause Hearing has been set for March 28, 2016 at 2pm before Judge Bryant. On March 17, 2016, Judge Bryant ordered the parties in the Habeas Corpus ad testificandum action to show cause by March 22 “why the State of Connecticut or an entity thereof need not be joined as a necessary party to this action.”
Complaint, Giammarco v. Beers, No. 3:13-cv-01670-VLB (D.Conn.) (Nov. 12. 2013)
Press Release (March 16, 2016)
Emergency Petition for Writs of Habeas Corpus ad testificandum (filed March 16, 2016)
Memorandum In Support of Emergency Petition for Writs of Habeas Corpus ad testificandum (filed March 16, 2016)
Memorandum of Decision Granting Plaintiff's Cross-Motion for Summary Judgment (issued March 17, 2016)
Dave Collins, Connecticut Lawmakers Subpoena Deported Former Residents, Associated Press, March 1, 2016.
Mary O’Leary, Connecticut Legislative Committee Subpoenas Seek Testimony From Deported Former Residents, New Haven Register, February 26, 2016
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, 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.