Wayne Smith, Hugo Armendariz et al v. United States (Report) IACHR (12 July 2010) Report No. 81/10

Wayne Smith, a national of Trinidad and Tobago, lawfully entered the United States when he was 10 years old and resided there permanently until his deportation some 30 years later.  During this time he married a US citizen and fathered a US citizen child.  He became addicted to drugs and served time for drug charges.  Following his release, he rehabilitated and became a productive member of society.  Following changes to immigration laws subsequent to the Antiterrorism and Effective Death Penalty Act, Mr. Smith’s drug charge precluded him from humanitarian considerations for his pending deportation hearing.  He was subsequently denied effective judicial protection to challenge his deportation.  The Commission held that the United States was in violation of rights protecting family establishing that States must weigh their sovereign right to expel non-citizens with human rights considerations.  Fair trial rights are engaged since the deportation order was a direct result of a criminal conviction and the State was in violation.  They concluded that it is long established in law that a State must provide an individual facing deportation meaningful recourse to appeal the decision and that the United States has failed to do so in this circumstance