Some 150 deportees jailed because countries won’t take them back

Thursday, April 8, 1999 | 9:22 a.m.

"There just doesn't seem to be any end in sight for them," said Franny Forsman, federal public defender.

On Tuesday, her office lodged petitions with the U.S. District Court in Las Vegas seeking the release of nine inmates who are being detained by the Immigration and Naturalization Service for no other reason than they have no other place to go.

"We were contacted by people who were being held in a local jail with no criminal charges pending against them, and we felt compelled to become involved because of what appeared to be an unconstitutional detention," Ms. Forsman said.

One of those people was Alfredo Estrada, 40, who lawfully came to the United States from Cuba in 1970 and later became a legal permanent resident. He was released from a Nevada prison in September 1997 after serving about a year for an arson conviction.

Immigration officials deported him the following month, and he did not challenge his deportation.

"There is no foreseeable end to petitioner's detention," according to the document seeking his release. "Since Cuba is one of the countries that does not repatriate its nationals who have criminal convictions in the United States, there is no reason to believe that respondent will ever be able to secure the travel documents necessary to carry out the deportation order."

The other countries include Vietnam, Laos, North Korea, Cambodia and Somalia.

Officials with the immigration service in Las Vegas and Phoenix did not respond to requests for comment.

Estrada said he has remained in the agency's custody since his release from prison about 19 months ago. He arrived at the North Las Vegas Detention Center about two weeks ago.

"I've been incarcerated more time in INS than what I did in prison," he said Monday evening at the jail.

Estrada grew up in Connecticut and has lived in the Las Vegas area off and on since 1978. His parents live in Henderson, and his two sisters live in Las Vegas. He said he has no family remaining in Cuba, where his father made enemies because of his political activities.

Ms. Forsman said most of the inmates have gone unnoticed because they have no money and no ability to hire attorneys. They're not entitled to have appointed counsel except, as in these cases, when they allege they are being held illegally.

Her office began receiving calls from these inmates about two months ago, and has had contact with more than 50 of them so far, she said.

Ms. Forsman said she will propose that the inmates be released with supervision.