GrantDawg
08-20-2004, 08:59 PM
Immigration could keep Heatley from Thrashers
Ive been wondering when this would come up:
By BETH WARREN ([email protected])
The Atlanta Journal-Constitution
Published on: 08/20/04
Atlanta Thrasher Dany Heatley may face bigger problems than trying to dodge jail time for the car crash that killed teammate Dan Snyder.
His attorneys are concerned that the hockey star could end up inimmigration officials' crosshairs even if prosecutors allow him to plead guilty to a minor charge with no jail time.
Defense attorney Don Samuel said his firm is bringing in an immigration law expert to look at the possibilities in the case.
Heatley, who was born in Germany but is a Canadian citizen, remains out on bond with permission to travel and is set to play in the World Cup of Hockey for Team Canada. He is expected to be in Ottawa today for the beginning of training camp.
If he was deported, it could be crippling to his career. It might cut short his tenure with the Thrashers. Even playing for one of the NHL's six Canadian teams would raise problems, as they play more than one-third of their games in the United States.
Myron Kramer, who teaches immigration law at Georgia State University, said nearly any conviction on a misdemeanor or felony crime could have implications for a non-citizen's ability to remain in or be readmitted to the United States.
Petty offenses, like running a red light or speeding, typically are overlooked. But a host of seemingly minor crimes, like getting caught with a small amount of marijuana, can flag the U.S. Immigration and Naturalization Service, he said.
"It's amazingly complex, and the stakes are so high," said Kramer, who is not involved with Heatley's case. "And the rules change after you thought you were safe."
More than a decade ago, hockey player and Canadian native Bob Probert was ordered deported after his conviction on cocaine smuggling charges. It took the Detroit Red Wings left wing several appeals and four years to secure an INS waiver allowing him to travel freely between the United States and Canada to play hockey.
But waivers aren't usually granted and fewer exceptions are being made after Sept. 11, immigration attorney Marshal Cohen said.
And Heatley's case involves a death. Prosecutors allege he was driving twice the posted speed limit Sept. 29 when he lost control on Lenox Road and crashed. Snyder, who was his passenger, died six days later from his injuries. Heatley had been drinking but was far from legally drunk. Prosecutors secured a grand jury indictment last month charging him with felony vehicular homicide based on recklessness.
"In this case the question probably would be: "Is vehicular homicide considered a crime of violence or moral turpitude?" Cohen said. "It's a very gray issue."
Heatley's arraignment before a judge in Fulton County Superior Court is scheduled for Sept. 16 — two days after the conclusion of the World Cup tournament and two days before the Thrashers are scheduled to begin training camp.
But the hearing will be canceled because Heatley's attorneys are expected to enter a "not guilty" plea in writing beforehand, Samuel said.
Fulton County District Attorney Paul Howard has not yet indicated he would consider reducing the felony charges. A conviction on a felony charge could bring up to 15 years in prison, while a misdemeanor crime can bring up to one year in jail.
Even if Howard recommends probation, INS officials make their own decisions in determining deportable offenses and don't have to reflect the mercy shown by state prosecutors or judges. Deportation orders can be appealed but aren't usually overturned.
— Staff writer John Manasso contributed to this report.
Ive been wondering when this would come up:
By BETH WARREN ([email protected])
The Atlanta Journal-Constitution
Published on: 08/20/04
Atlanta Thrasher Dany Heatley may face bigger problems than trying to dodge jail time for the car crash that killed teammate Dan Snyder.
His attorneys are concerned that the hockey star could end up inimmigration officials' crosshairs even if prosecutors allow him to plead guilty to a minor charge with no jail time.
Defense attorney Don Samuel said his firm is bringing in an immigration law expert to look at the possibilities in the case.
Heatley, who was born in Germany but is a Canadian citizen, remains out on bond with permission to travel and is set to play in the World Cup of Hockey for Team Canada. He is expected to be in Ottawa today for the beginning of training camp.
If he was deported, it could be crippling to his career. It might cut short his tenure with the Thrashers. Even playing for one of the NHL's six Canadian teams would raise problems, as they play more than one-third of their games in the United States.
Myron Kramer, who teaches immigration law at Georgia State University, said nearly any conviction on a misdemeanor or felony crime could have implications for a non-citizen's ability to remain in or be readmitted to the United States.
Petty offenses, like running a red light or speeding, typically are overlooked. But a host of seemingly minor crimes, like getting caught with a small amount of marijuana, can flag the U.S. Immigration and Naturalization Service, he said.
"It's amazingly complex, and the stakes are so high," said Kramer, who is not involved with Heatley's case. "And the rules change after you thought you were safe."
More than a decade ago, hockey player and Canadian native Bob Probert was ordered deported after his conviction on cocaine smuggling charges. It took the Detroit Red Wings left wing several appeals and four years to secure an INS waiver allowing him to travel freely between the United States and Canada to play hockey.
But waivers aren't usually granted and fewer exceptions are being made after Sept. 11, immigration attorney Marshal Cohen said.
And Heatley's case involves a death. Prosecutors allege he was driving twice the posted speed limit Sept. 29 when he lost control on Lenox Road and crashed. Snyder, who was his passenger, died six days later from his injuries. Heatley had been drinking but was far from legally drunk. Prosecutors secured a grand jury indictment last month charging him with felony vehicular homicide based on recklessness.
"In this case the question probably would be: "Is vehicular homicide considered a crime of violence or moral turpitude?" Cohen said. "It's a very gray issue."
Heatley's arraignment before a judge in Fulton County Superior Court is scheduled for Sept. 16 — two days after the conclusion of the World Cup tournament and two days before the Thrashers are scheduled to begin training camp.
But the hearing will be canceled because Heatley's attorneys are expected to enter a "not guilty" plea in writing beforehand, Samuel said.
Fulton County District Attorney Paul Howard has not yet indicated he would consider reducing the felony charges. A conviction on a felony charge could bring up to 15 years in prison, while a misdemeanor crime can bring up to one year in jail.
Even if Howard recommends probation, INS officials make their own decisions in determining deportable offenses and don't have to reflect the mercy shown by state prosecutors or judges. Deportation orders can be appealed but aren't usually overturned.
— Staff writer John Manasso contributed to this report.