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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 married to a U.S. citizen, and 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 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 has been forced 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 1982 naturalization application.
In spring 2014, DHS and Mr. Giammarco filed cross-motions for summary judgment. Later that year, the U.S. District Court concluded it lacked jurisdiction, dismissed the action, and denied the summary judgment motions as moot. The clinic filed a motion to reconsider, and in the fall of 2015, the U.S. District Court granted Mr. Giammarco’s motion, vacated its prior ruling, and reinstated the mandamus action. The parties resubmitted cross-motions for summary judgment. On March 17, 2016, the District Court judge, Vanessa L. Bryant, issued a thirty-page opinion, ordering DHS to adjudicate his 1982 naturalization application and dismissing the government’s motion to dismiss the case. Giammarco v. Beers, 170 F.Supp.3d 320 (D.Conn. 2016), notice of appeal dismissed.
After Judge Bryant’s order, the government filed a notice of appeal on May 12, 2016. The government then decided, however, to withdraw the appeal. The clinic and Mr. Giammarco are now awaiting the agency’s decision on Mr. Giammarco’s application.
In addition, in 2014 Mr. Giammarco submitted an application for an unconditional pardon to the Connecticut Board of Pardons and Paroles (BOPP), which was denied without a hearing. Further, in spring 2015, the Connecticut General Assembly considered but did not enact a private bill, H.J. 46, “Resolution Pardoning Former Sergeant Arnaldo Giammarco.” Mr. Giammarco also recently submitted a new pardon application to the BOPP.
Following the introduction of the private bill to pardon Mr. Giammarco in the 2015 legislative session, the CT Judiciary Committee issued a subpoena to Arnold Giammarco to testify in-person regarding his remorse and the impact of his deportation upon his family during the 2016 legislative session. Mr. Giammarco filed a petition for a writ of habeas corpus ad testificandum to compel DHS to allow him to temporarily enter the United States to present his in-person testimony, but the U.S. District Court dismissed the action, concluding it lacked jurisdiction. In October 2016, the Second Circuit affirmed that decision, effectively blocking Mr. Giammarco from testifying in person at a legislative hearing that could have resulted in his pardon. Monardo v. Kerlikowske, 2016 WL 1305120 CV316MC00099VLB (D.Conn. Apr. 1, 2016), aff’d, --- Fed.Appx. ---- 2016 WL 6427242 16-1109-PR (2d. Cir. Oct. 31, 2016)
Finally, Arnold Giammarco’s story of prolonged immigration detention (a year and a half, before he was ultimately deported in 2012) was recently featured in an amicus brief in Jennings v. Rodriguez, which was argued before the Supreme Court in November, 2016.
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)
Summary Order and Judgment Affirming Denial of Writ of Habeas Corpus ad testificandum (issued October 31, 2016)
Chris Riotta, Immigration Detention Centers: Immigrant Describes Conditions, Experience in Indefinite Detention, International Business Times, December 1, 2016.
Henry Gass, On eve of Trump presidency, Supreme Court takes up key immigration case, Christian Science Monitor, November 29, 2016.
Arnold Giammarco, Op-Ed: After 50 Years as a Legal Immigrant, I Spent 18 Months in Immigration Detention Without a Bail Hearing, ACLU, November 28, 2016.
Prolonged Detention Stories, Website in Connection with the Jennings v. Rodriguez Amicus Brief.
Peggy McCarthy, Life In Italy 'Devastating' For Deported Army Veteran, Hartford Courant, April 25, 2016.
Rowan Kane, Federal judge denies Connecticut deportees’ request to return, New Haven Register, April 2, 2016.
Vinny Vella, Yale Students Ask Federal Judge To Let Deported Residents Return for Hearing, Hartford Courant, March 28, 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.
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.