Senator Nelson takes on fight for Iraq Vet facing deportation

Jacksonville Iraq War Veteran Faces Deportation
11:33 PM, Jun 29, 2011

Written by
Lewis Turner

JACKSONVILLE, Fla. -- Just last year Elisha Dawkins was getting pinned, having just graduated from the FSCJ school of nursing. His plan was to take the boards after he returned from his deployment to Guantanamo Bay.

That plan changed, though, when he was arrested upon his return in April. Immigration officials said there was a problem with Dawkins' passport paperwork. They said he checked the box stating he never applied for a passport before, when in fact he had.

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Jacksonville Iraq War Veteran Faces Deportation

From the New York Times

Iraq Veteran Offered Deal in Passport Violation Case
By SUSANNAH NESMITH
Published: June 28, 2011

MIAMI — The federal government on Tuesday took the unusual step of offering to drop a passport violation prosecution of a Navy petty officer if he completed a term of probation.

Even if he is able to resolve the criminal case, the petty officer, Elisha L. Dawkins, 26, is facing deportation based on an order issued in 1992, when he was 8 years old, his lawyer said.

Petty Officer Dawkins was brought to the United States from the Bahamas as a baby and was raised in Miami believing he was a United States citizen, said his lawyer, Clark Mervis.

In March, while he was on active duty at Guantánamo Bay, Cuba, Petty Officer Dawkins was indicted on a charge of making a false statement on a 2006 passport application. The statement, according to prosecutors, was that he had never applied for a passport before, when he had actually abandoned an application he filled out the year before.

Judge Cecilia M. Altonaga of Federal District Court noted the unusual nature of the prosecutors’ offer, saying she had seen the government use the pretrial diversion program only twice before in her eight years on the bench.

“I’m almost speechless,” the judge said. “It’s a kinder, gentler day over there. It happens so infrequently.”
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Iraq Veteran Offered Deal in Passport Violation Case

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Iraq Veteran locked up for not being a citizen