Text: S.Con.Res.62 — 101st Congress (1989-1990)All Information (Except Text)

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SCON 62 IS
101st CONGRESS
1st Session
S. CON. RES. 62
Commending the decision of the Board of Immigration Appeals to allow Joseph
Patrick Doherty to apply for political asylum, expressing concern at the
Attorney General's June 30, 1989, decision to deny Joseph Patrick Doherty
a political asylum hearing, and asking the Attorney General to respect the
Board of Immigration Appeals decision on political asylum and immediately
to release Joseph Patrick Doherty on bond pending final completion of the
immigration proceedings.
IN THE SENATE OF THE UNITED STATES
August 4 (legislative day, JANUARY 3), 1989
Mr. DODD (for himself and Mr. HATCH) submitted the following concurrent
resolution; which was referred to the Committee on the Judiciary
CONCURRENT RESOLUTION
Commending the decision of the Board of Immigration Appeals to allow Joseph
Patrick Doherty to apply for political asylum, expressing concern at the
Attorney General's June 30, 1989, decision to deny Joseph Patrick Doherty
a political asylum hearing, and asking the Attorney General to respect the
Board of Immigration Appeals decision on political asylum and immediately
to release Joseph Patrick Doherty on bond pending final completion of the
immigration proceedings.
Whereas Joseph Patrick Doherty, a citizen of the Republic of Ireland and
of the United Kingdom, was convicted in a special nonjury British Diplock
court in 1981 of offenses related to an incident involving the death of a
British Army soldier and was sentenced to life imprisonment;
Whereas Joseph Patrick Doherty escaped from prison and fled to the United
States, where he was arrested on June 18, 1983, pursuant to a deportation
warrant;
Whereas Joseph Patrick Doherty has been a prisoner in the Federal prison
system since June 18, 1983, solely because of extradition proceedings and
charges of having illegally entered the United States;
Whereas on June 28, 1983, the United Kingdom, acting through the United
States Department of Justice, requested the extradition of Joseph Patrick
Doherty to the United Kingdom;
Whereas on December 12, 1984, the United States District Court of the Southern
District of New York in the action styled Matter of Doherty (599 F.Supp. 270
(1984)), denied the request for extradition on the ground that the acts for
which the British Government sought Joseph Patrick Doherty were within the
political offense exception of the then existing extradition treaty between
the United States and the United Kingdom;
Whereas on November 14, 1988, the Board of Immigration Appeals ruled to allow
Joseph Patrick Doherty to apply for political asylum in the United States,
superseding an earlier order by the Attorney General of the United States
ordering Joseph Patrick Doherty deported to the same country (the United
Kingdom) to which his extradition had been previously denied;
Whereas in so ruling the Board of Immigration Appeals expressly stated that
Joseph Patrick Doherty had submitted sufficient evidence to establish a prima
facie claim of a well-founded fear of persecution if returned to the United
Kingdom; and
Whereas on June 18, 1989, Joseph Patrick Doherty began his seventh year of
Federal confinement, despite the fact that he has never been convicted of,
nor even charged with, a criminal offense in the United States--circumstances
which only serve to heighten legitimate concerns about the most fundamental
violations of basic due process rights: Now, therefore, be it
  Resolved by the Senate (the House of Representatives concurring), That--
  (1) the Congress commends the decision of the Board of Immigration Appeals
  to allow Joseph Patrick Doherty to apply for political asylum in the United
  States, and expresses its concern at the decisions of Attorneys General
  Meese and Thornburgh, which in ignoring successive decisions in favor of
  Joseph Patrick Doherty duly rendered by immigration judges and by the Board
  of Immigration Appeals, raise serious issues of denial of due process; and
  (2) it is the sense of Congress that--
  (A) the Attorney General of the United States should respect the decision
  of the Board of Immigration Appeals and permit Joseph Patrick Doherty
  the hearing ordered by the Board of Immigration Appeals on his claim for
  political asylum, and
  (B) Joseph Patrick Doherty's request to be released on bond, pending
  the final outcome of the immigration proceedings, should be immediately
  addressed.

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