Irishman set to be deported from the US

Galwayguy35

Chances are he would have had a bit of leeway if it was just the overstaying they got him on but he knowingly lied about his drug conviction.

Everyone knows the Yanks and Canadians have a zero policy on this but instead of thanking his lucky stars he got away with it and going home when he was supposed to he decided to be a smart arse and overstay breaking another rule.

Calhoun

Galwayguy35 wrote: »

Chances are he would have had a bit of leeway if it was just the overstaying they got him on but he knowingly lied about his drug conviction.

Everyone knows the Yanks and Canadians have a zero policy on this but instead of thanking his lucky stars he got away with it and going home when he was supposed to he decided to be a smart arse and break another rule.

Even though it's a small offense it's also the lying on the official documentation they take that super serious.

weldoninhio

weisses wrote: »

Well done captain hindsight

He knew in foresight.

weldoninhio

Donald Trump wrote: »

What's your point? Other than moving the goalposts. (The poster I had responded to referenced overstaying only.) And regardless, my point was just that he would not have known the totality of the eventual consequences of his overstaying at the time. That remains for the false declaration (which is of magnitudes more serious - that is not in dispute)





I was in the US back in the day. I came back on day 90 (despite advice not to leave it until the last day...but I was lucky the plane was not delayed and got out with a few hours to spare). I wasn't pushed to stay there - but in any case the consequences for me was the bar on re-entry as I have decent qualifications and possibility of having to travel to US in future.
Other fellas there overstayed because their consequences were less (at least at that time). To them it was an extended holiday and all they were going back to was the dole or a labouring job back home. I mentioned one who got married to an American, started the GC process (got divorced but still received the GC). Finally was able to come back for a visit, realized he missed home and came home a few months later (and let the GC expire). One or two got picked up and sent home. Some stayed and have families and business there. The day you stay, you don't know all the long term consequences. You know the immediate consequences which is that you will be barred from reentry after you leave. That is my only point and it can't be that difficult to understand. I am not saying your man did nothing wrong. Nor am I saying he might not have known he was supposed to get out. Or anything like that. It was a response to someone saying that he knew the consequences when he overstayed. It would be very easy to find yourself in that situation. Once you go over the 90 days, there is no turning back. The day you go over it might not seem like a big deal. By the time it becomes a big deal, it's too late. Your only option is to stay and try to get regularized. Because once you leave, you won't get back in to try to do it.

Let’s not be over dramatic. Once you were by immigration, where your passport was stamped, you would have been fine with a plane delay.

weldoninhio

Donald Trump wrote: »

I know dude. You'd think he'd have tried to petition in 2010 or something :rolleyes:


As for "they" and "their", yeah you are right too. Yer wan should have sorted out her residency. Her being a US citizen and all that.

He did. It was refused.

Cork Trucker

Looks like he has signed the document to send him back

https://www.newstalk.com/news/irishman-keith-byrne-agrees-us-deportation-order-885059

Calhoun

weldoninhio wrote: »

Let’s not be over dramatic. Once you were by immigration, where your passport was stamped, you would have been fine with a plane delay.

You just don't understand the mental anguish of possibly being delayed :pac::pac:. Let's throw open the borders so this never happens again.

Donald Trump

tuxy wrote: »

I think the point people are trying to make is that at no point was in the U.S legally. He lied on his ESTA so before he even left Ireland he had decided to enter another country illegally.
You say after day 90 there is no going back, I'm not sure that is the case. What are the consequences if they discover you have lied on your ESTA on day 1 or 2?

The 90 days refers to the max stay under VWP. If you hit day 91 and you are still there then you have overstayed. For that particular offence, the length you overstay is irrelavant. You get an automatic bar to re-entry for X years (I think it is 10 years). You get the same bar if you overstay one day that you get if you overstay 20 years. The black mark is automatically on your record. Hypothetically you can petition an immigration judge if say you were caught in a blizzard for a week and it cancelled all flights which meant you overstayed by one day - but you still have to do that to get it removed or else, in the eyes of the system, you will have that black mark and are as bad as a person who overstayed for 20 years.



Given you have overstayed by a bit, there isn't a point in time where you can say "ok, I have been here 120 days now. If I get out now before things get serious, it'll be grand". Your only realistic options from day 91 are to (A) stay and make an effort to become regularized and gain status (often by marriage) over time, (B) to come home voluntarily and accept the 10-year bar, or (C) to stay and wait to be caught and sent home and then accept the 10-year bar. Given that you are there and have overstayed, there is no immediate short term benefit of doing (B). That is how people end up in the situation.

Donald Trump

weldoninhio wrote: »

He did. It was refused.

Yeah I know. I was being sarcastic to the other fella's righteous indignation

Calhoun

Cork Trucker wrote: »

Looks like he has signed the document to send him back

https://www.newstalk.com/news/irishman-keith-byrne-agrees-us-deportation-order-885059

Someone call Tubbs we can get him in next Friday .

Donald Trump

weldoninhio wrote: »

Let’s not be over dramatic. Once you were by immigration, where your passport was stamped, you would have been fine with a plane delay.

No, you are wrong. You might think it is being dramatic but it is an automatic system and unless you have left terra firma by midnight at the end of day 90 you are automatically blacklisted. You would likely be able to get it removed but you would need to go through the process to do so. If your day 90 is 19th July and the airline supplies the passenger list that you were on a plane that took off at 1am on 20th July, then that is what goes into the system. There aren't people looking at it and deciding "ah, we won't include this lad because it was only a few minutes over". It's just there and the next time you go to CBP at a point of entry it will come up. You might get away with it and be allowed in if you have evidence of say a flight being cancelled, but it would be difficult to have evidence of a 2 hour delay. You could have your original booking I suppose. But it would be safer to try to have it officially removed in advance


(And there is no immigration when leaving the US...you just check in and head to your gate. There is US immigration at Dublin airport but that is a special case)

notobtuse

Pike County Correctional Facility is 15 minutes up the road from me and is an easy jail to be in. Non violent offenders usually get work release and are given several hours free time on the outside each day they work to do what they want. They basically just spend the evening and night in lockup. I’ve hired people on work release. But if he refuses to be deported he will be moved to another jail which will probably be much worse.

A deal was just offered to him…
"Sign documentation that would give him a passport to leave the country, but ban him from entering the US for five years. After this time has passed, he would then have the opportunity to reapply for visiting rights to the United States. However, that application does not give him a guarantee that he is allowed to return. Failure to sign the documentation, could result in up to four years in jail. Mr Byrne said he was told he would also be brought to another jail and it would take more than a year for his case to be heard in front of a federal judge. Mr Byrne said a US immigration judge only hears deportation appeals under exceptional circumstances."

Personally I think he should take the deal, bring his wife and kids over, and after 5 years try again to live in the US.

Mr Byrne does have an ally in the US government, and Congressman Brendan Boyle is taking up his cause... but is not very optimistic.

Cork Trucker

Calhoun wrote: »

Someone call Tubbs we can get him in next Friday .

Tubs is off air (or at least the Late Late is) until September :pac: First show back maybe? Or he could appear on the Nathan Carter show at the 3 arena next Friday?

Cork Trucker

notobtuse wrote: »

Pike County Correctional Facility is 15 minutes up the road from me and is an easy jail to be in. Non violent offenders usually get work release and are given several hours free time on the outside each day they work to do what they want. They basically just spend the evening and night in lockup. I’ve hired people on work release. But if he refuses to be deported he will be moved to another jail which will probably be much worse.

A deal was just offered to him…
"Sign documentation that would give him a passport to leave the country, but ban him from entering the US for five years. After this time has passed, he would then have the opportunity to reapply for visiting rights to the United States. However, that application does not give him a guarantee that he is allowed to return. Failure to sign the documentation, could result in up to four years in jail. Mr Byrne said he was told he would also be brought to another jail and it would take more than a year for his case to be heard in front of a federal judge. Mr Byrne said a US immigration judge only hears deportation appeals under exceptional circumstances."

Personally I think he should take the deal, bring his wife and kids over, and after 5 years try again to live in the US.

He signed for his deportation, i posted the link a few comments back. As for the family following him here, that will be problematic, the eldest child is not his rather the father is a US citizen and i'm sure he will resist any attempt to permanently take his child out of the country.

notobtuse

Cork Trucker wrote: »

He signed for his deportation, i posted the link a few comments back. As for the family following him here, that will be problematic, the eldest child is not his rather the father is a US citizen and i'm sure he will resist any attempt to permanently take his child out of the country.

Thanks, I didn't see you did that. Yes, the oldest child's situation can be a problem. Does anybody know if the biological father is involved in raising the son? The deal isn't ideal but the alternative of staying in jail for 4 years would be far worse for the family.

Donald Trump

notobtuse wrote: »

Thanks, I didn't see you did that. Yes, the oldest child's situation can be a problem. Does anybody know if the biological father is involved in raising the son? The deal isn't ideal but the alternative of staying in jail for 4 years would be far worse for the family.

In general in the US there would be involvement in the sense of child support at least. It is generally strictly enforced unless the father has nothing. (Assuming he is still alive and a US citizen)


He could also prevent the child from being taken out of the country I think by refusing to sign documents allowing it happen. He wouldn't have to be proactive in stopping him.

Rows Grower

https://www.independent.ie/irish-news/cork-man-at-centre-of-immigration-controversy-in-us-signs-documents-to-pave-way-for-deportation-38328610.html

He's coming home.

rob316

Signed the documents to go home in the next 2 or 3 weeks. They're will be no miracle intervention he's hoping for.

DEFTLEFTHAND

Sentence should be a 6 month jail term followed by a Deportation Order.

This chancer should be shown no mercy.


If you make bad choices in life then you will eventually suffer the consequences.


He's a bloody disgrace.

Sonny noggs

DEFTLEFTHAND wrote: »

Sentence should be a 6 month jail term followed by a Deportation Order.

This chancer should be shown no mercy.


If you make bad choices in life then you will eventually suffer the consequences.


He's a bloody disgrace.

Lock him up for the number of days he overstayed. That would soften his cough.

Donald Trump

rob316 wrote: »

Signed the documents to go home in the next 2 or 3 weeks. They're will be no miracle intervention he's hoping for.

Well it's unlikely but not impossible. From what I read, I gathered he signed documents which allow ICE to apply to renew his Irish passport - not necessarily some explicit agreement. They don't want to or can't send him back without a valid passport (well there probably is a mechanism to do so but I'd say it is more bureaucratic. They might need Irish officials to agree to accept some fella without documents)


He still has a couple of weeks.

Cork Trucker

Donald Trump wrote: »

Well it's unlikely but not impossible. From what I read, I gathered he signed documents which allow ICE to apply to renew his Irish passport - not necessarily some explicit agreement. They don't want to or can't send him back without a valid passport (well there probably is a mechanism to do so but I'd say it is more bureaucratic. They might need Irish officials to agree to accept some fella without documents)


He still has a couple of weeks.

What are his visitation rights while he awaits deportation? Does he remain at his current place of incarceration while awaiting same or is he moved to a jail?

99problems1

Looks like Byrne is going to win.

Lesson for everyone dreaming of America but not allowed legally. Have kids over there and it'll be fine.

Sir Oxman

I have zero problem with what the US authorities have decided - to let him home and afford him a hearing.
It's their decision.

The guy is not #1 on the FBI Most Wanted list.
I'd love to know for sure was it Irish lobbying that got him this concession.

I wouldn't imagine anyone would think it's now 'easy'. I'd hate to live like that constantly looking over my shoulder

Cork Trucker

The floodgates will open, he's not out of the woods yet but if he pulls this off America will expose itself, as mentioned, have kids,get married stay off the FBI radar, job done.

con___manx1

We give out about illegals here. One crashed into my car no insurance or nothing. I know he is one of our own but he shouldnt of went there illegally in the first place.

weldoninhio

99problems1 wrote: »

Looks like Byrne is going to win.

Lesson for everyone dreaming of America but not allowed legally. Have kids over there and it'll be fine.

He'll be out in 30 days. He's won nothing.

Cork Trucker

weldoninhio wrote: »

He'll be out in 30 days. He's won nothing.

Why would they release him if he's being deported? or are they satisfied he's not a flight risk? has he been tagged etc?

weldoninhio

Cork Trucker wrote: »

Why would they release him if he's being deported? or are they satisfied he's not a flight risk? has he been tagged etc?

They've released him pending his court appearance. He's more than likely been told to get his affairs in order in those 30 days.

99problems1

weldoninhio wrote: »

They've released him pending his court appearance. He's more than likely been told to get his affairs in order in those 30 days.

He's going to get another hearing which we know how it's gonna go.

He's going to be allowed stay due to the irish lobbying. You can be sure they're all in the background supporting Byrne in this case.

The media has a lot to answer for, making out he's the victim in this.

mandrake04

weldoninhio wrote: »

They've released him pending his court appearance. He's more than likely been told to get his affairs in order in those 30 days.

Australia do the same thing they give you Bridging visa E to get your affairs in order but with with 8511 and 8512 conditions.

8511 -Show Ticket
8512- Leave by specified date



As above you have to abide by 8511 show your ticket you are leaving, by 8512 Specified date.

The alternative is escorted home in handcuffs. This usually saves the cost of deportation as most people take the Bridging visa to get out of detention.

Donald Trump

99problems1 wrote: »

He's going to get another hearing which we know how it's gonna go.

He's going to be allowed stay due to the irish lobbying. You can be sure they're all in the background supporting Byrne in this case.

The media has a lot to answer for, making out he's the victim in this.

There is still a lot of waffle being spouted on here about your man and his case.


Lobbying won't allow him to stay. Lobbying may however allow his case to be heard earlier. That is not the same thing. In theory the system is supposed to work and he should have a hearing anyway. The authorities tend to allow things to drag out because it can be simply a means of denying a hearing to a person - i.e. gives the person the choice to get deported or to wait in jail for months to be given a hearing. It is an understandable practice in many ways - if you give everyone an instant hearing before deportation then everyone will use it - this way if a person is a no-hoper case they might as well accept deportation rather than jail for 6 months plus deportation. The downside of that approach is that the person with a genuine chance to stay also gets stuck for 6 months too.



There'll be a lot of egg on bitter faces on here if it turns out he is allowed to stay................people who were righteously adamant that your man "knew what would happen" blah blah etc. As I said earlier, I reckon there is still a chance he will be allowed to stay. And no- not because it was reported on TV3. It's not guaranteed or even very likely, but there is still a decent chance.

Donald Trump

mandrake04 wrote: »

Australia do the same thing they give you Bridging visa E to get your affairs in order but with with 8511 and 8512 conditions.

8511 -Show Ticket
8512- Leave by specified date



As above you have to abide by 8511 show your ticket you are leaving, by 8512 Specified date.

The alternative is escorted home in handcuffs. This usually saves the cost of deportation as most people take the Bridging visa to get out of detention.

He will use his 30 days to try to get a hearing. If he gets that hearing, a judge may grant more time for a further hearing and he won't be out in the 30 days.


However they can in theory re-arrest him and lock him up at any stage, even in those 30 days although they would need some kind of semi-tangible excuse for doing so.

weldoninhio

Donald Trump wrote: »

He will use his 30 days to try to get a hearing. If he gets that hearing, a judge may grant more time for a further hearing and he won't be out in the 30 days.


However they can in theory re-arrest him and lock him up at any stage, even in those 30 days although they would need some kind of semi-tangible excuse for doing so.

He has a hearing date in 30 days.

Rows Grower

weldoninhio wrote: »

He has a hearing date in 30 days.

Donald Trump (of all posters) waffling about posters having egg on their face whilst at the same time displaying his total lack of knowledge on the very topic under discussion.

Is this the real Donald Trump posting here on Boards.ie by any chance?

Donald Trump

Rows Grower wrote: »

Donald Trump (of all posters) waffling about posters having egg on their face whilst at the same time displaying his total lack of knowledge on the very topic under discussion.

Is this the real Donald Trump posting here on Boards.ie by any chance?

Would you one of the genii on here proclaiming that your man should have known all that would transpire when he went to the US in 2007, shite'ing on here as if they knew what they are talking about and yet still not having a notion as of July 26th 2019 how the story will play out?

weldoninhio

Donald Trump wrote: »

Would you one of the genii on here proclaiming that your man should have known all that would transpire when he went to the US in 2007, shite'ing on here as if they knew what they are talking about and yet still not having a notion as of July 26th 2019 how the story will play out?

Even google translate can’t figure that mess out.

Donald Trump

weldoninhio wrote: »

Even google translate can’t figure that mess out.

Ah sure look, if you have to go to google translate for simple words then I can't really help you.

I think you might have been one of the people saying that Keith Byrne should have known about all the consequences of his overstaying back in 2007.

weldoninhio wrote: »

He knew in foresight.

As of today, nobody can say with certainty what will happen. You can take a guess and that guess could turn out to be correct, but you cannot know with certainty now. I'm not saying the fella will or will not be deported. Both outcomes are possible. Others appear to be certain that deportation is the only outcome. It isn't. No point with getting annoyed with me for simply pointing that out.

In a post above you state he has a hearing scheduled for 30 days. Do you have a source for that? The only source I saw was on RTE where is said that his lawyers said that they would try to file within a different district while he was out.

The US immigration will be waiting on his passport to come back. I am sure that the Embassy and also passport processing back in Dublin might be helpfully slow with getting it back to him. I had a passport renewed from abroad back in the day. They warned that it could take a few weeks, although it actually ended up being much quicker.

Atlantic Dawn

How much money is RTE spending backing this man?

Cork Trucker

Atlantic Dawn wrote: »

How much money is RTE spending backing this man?

The licence fee will cover it :pac:

Atlantic Dawn

Cork Trucker wrote: »

The licence fee will cover it :pac:

If he was from some scanger area of Dublin there would be fook all coverage of him.

Cork Trucker

Atlantic Dawn wrote: »

If he was from some scanger area of Dublin there would be fook all coverage of him.

Fermoy isn't a great place either, not the worst of places in Cork but far from the best.

holyhead

In theory this should be an open and shut case.

1. Man lies on ESTA application
2. Man travels to the US with no intention of returning home unlike most visitors.
3. Man enters the US with the intention of living there knowing he has a criminal record.
4. Man enters the US knowing a criminal record will see him live there under the constant threat of being deported.
5. Man marries US citizen but still has a criminal record so threat of deportation remains. (kind of reckless)
6. Man faces deportation and employs every avenue known to man to stop said expulsion.

tuxy

holyhead wrote: »

In theory this should be an open and shut case.

1. Man travels to the US with no intention of returning home unlike most visitors.
2. Man enters the US with the intention of living there knowing he has a criminal record.
3. Man enters the US knowing a criminal record will see him live there under the constant threat of being deported.
4. Man marries US citizen but still has a criminal record so threat of deportation remains. (kind of reckless)
5. Man faces deportation and employs every avenue known to man to stop said expulsion.

0. Man Lies on ESTA application

Atlantic Dawn

holyhead wrote: »

In theory this should be an open and shut case.

1. Man travels to the US with no intention of returning home unlike most visitors.
2. Man enters the US with the intention of living there knowing he has a criminal record.
3. Man enters the US knowing a criminal record will see him live there under the constant threat of being deported.
4. Man marries US citizen but still has a criminal record so threat of deportation remains. (kind of reckless)
5. Man faces deportation and employs every avenue known to man to stop said expulsion.

Yes but RTE snowflakeland think he will be allowed stay because he has 1051 likes.

holyhead

If you enter a country you do so under the understanding that you will abide by their rules and regulations. If you flout the aforementioned then you must leave the country. I really don't understand what all the hullabaloo is about. He should be deported. I'll be amazed if he is allowed to stay. Once he committed to marrying a US citizen he should only have done so on the understanding she would come to Ireland if/when he was deported. You can't/shouldn't construct a narrative (i.e. marriage and child) knowing full well you face deportation and think the said narrative will save your skin.

cena

Where is his Irish accent in the rte video?

Cork Trucker

cena wrote: »

Where is his Irish accent in the rte video?

Probably faking a yankee accent to try and fit in? i know of a guy who did it, sounded like a right clown. I'm aware of people in foreign countries for 30/40/50 years, the accents rarely if ever change.

Car99

Why is this on the news ? Do the general public need to know about this. His case is hardly unique. Who does he know to get this much publicity?

He's lucky he got caught while Trump is president and not Obama . Only for the anti Trump media bias this wouldn't make news anywhere.

I wish him and his family the best all the same.

lawlolawl

holyhead wrote: »

In theory this should be an open and shut case.

1. Man lies on ESTA application
2. Man travels to the US with no intention of returning home unlike most visitors.
3. Man enters the US with the intention of living there knowing he has a criminal record.
4. Man enters the US knowing a criminal record will see him live there under the constant threat of being deported.
5. Man marries US citizen but still has a criminal record so threat of deportation remains. (kind of reckless)
6. Man faces deportation and employs every avenue known to man to stop said expulsion.

It's another hamfisted attempt to take a pop at Trump by our hyper-leftist media.