ND case shines light on 2001 Supreme Court decision

The bottomline of the Supreme Court decision in Zadvydas v. Davis is that an alien who has committed crimes that would normally require an order of deportation cannot be held in custody for more than six months awaiting deportation if there is no prospect for a location where he or she may be deported to.   We don’t send Somalis back to Somalia.  Although as one reader pointed out, why don’t we if the Saudis do and as Canada has done.

This Star Tribune article argues that Somali refugee, Omar Mohamed Kalmio, would have been deported by now and not implicated in the murder of four in North Dakota (as of this moment, I do not think any charges have been filed against the ‘person of interest’) had we sent him back to Somalia (or somewhere).

Under usual circumstances involving an immigrant with a violent criminal record, the man — suspect or not — would probably not have been in the United States when the killings happened.

He has an extensive criminal record in Minnesota. His most serious offense occurred in January 2006, when he stabbed another male during an altercation in an apartment building entry near Cedar and Riverside Avenues in Minneapolis.

According to the charges, several others were involved in that assault, which left the victim with a collapsed lung, a concussion and stab wounds to his right eye, right shoulder and back.

In June 2006, the man pleaded guilty in Hennepin County to second-degree assault with a dangerous weapon, a felony. He was sentenced to one year and one day in prison with credit for 143 days served. He finished his state prison term in January 2007.

It is the practice of immigration officials to begin deportation proceedings immediately after an alien offender is released from local or state custody. But that gets dicier when dealing with offenders from countries that either refuse to take them back or do not have formal relations with the United States.

Somalis can still be under deportation orders, but those orders are not acted upon.

When asked whether officials obtained a deportation order regarding the man, immigration officials referred to a June 2001 ruling by the U.S. Supreme Court.

In that ruling, a Lithuanian man with a long criminal record who had been ordered deported could not be deported because no country would accept him. Yet, the high court ruled, U.S. officials could also not keep him locked up indefinitely. Generally, the court ruled, such offenders cannot be detained for more than six months.

This also means that the Seattle Somali who was sentenced to six years for the beating and torture of a white teen will be out on your streets (anywhere in America) in six years.

Update on that hate crime against white teen in Seattle

When I wrote my post a few days ago about the Somali man sentenced to six years in prison for his racially motivated attack on a white teenager in Seattle, I hadn’t seen this report from Brenda Walker at VDARE. Thanks to Lovecats for sending the additional information on the story.

Visit VDARE to see a photo of 16-year-old Shane McClellan who had been tortured for hours by Ahmed Mohamed and another man because Shane was white.

As Walker says,

A crime like that runs counter to the liberal narrative. Immigrants are highly regarded as a victim group, incapable of racist hate, goes the stereotype.

Yup!

And, Mohamed will be out on the streets in 6 years because we don’t deport criminals to Somalia.

Some facts on Somali gangs in Minneapolis from AP

Bloomberg has published a lengthy report from AP about Somali gangs.  It opens with a review of the sex trafficking arrests we reported, here, in November.  It closes with a discussion of how the local mosque is trying to save the kids.

Here is one segment as related by a local policewoman (emphasis mine):

Jeanine Brudenell, a Minneapolis police officer who has focused on Somali gangs and crime trends for five years and became the department liaison with the community in 2008, said Somali gangs have had a presence in Minneapolis since 2000. Gang activity began growing around 2004, when a 32-year-old Somali woman was murdered during a botched robbery. Brudenell said aggravated robberies increased in 2005 and 2006. And in 2007 and 2008, there were seven gang-related killings in a 10-month period.

“A lot of the crime was being committed against people in their own community. Somali suspects were on the whole victimizing Somali people,” she said, partly because of the dense neighborhoods in which Somalis live.

Gang members started with street robberies, but realized the risk of getting hurt or arrested was too high compared to the profit potential, Brudenell said. The street robberies stopped for a while after a fatal 2006 mugging — with Somalis at first mistakenly considered suspects — drew media attention. After that, the Somali gangs began committing more burglaries of businesses in an attempt to keep a lower profile, she said.

While Brudenell said the street robberies and burglaries still happen, she wasn’t surprised by the gangs’ move to human trafficking. She says the gangs are good at adapting and don’t show the same “small-mindedness” of traditional local gangs, who often skirmish over turf.

Brudenell said those gangs are typically involved in open-air drug markets on street corners, and their behavior is easy to identify — complete with lookouts and overt signs. That’s not the case with Somalis, who typically don’t get tattoos and are harder to document.

She described the Somali gangs as more loosely organized than other gangs. There’s no real leader, so if someone goes to prison, the group won’t stop its activity, she said. There’s also little evidence that people are “jumped in” to Somali gangs, she said. Instead, friends might just ask other friends to hang out and be in the gang.

There are seven Somali gangs in Minneapolis, and a total of about 200 documented Somali gang members and associates, she said — about 10 percent of the roughly 2,100 documented active gang members in the Minneapolis Police Department’s system. The gang members are a small fraction of the Somali population: The U.S. Census says roughly 25,000 Somalis live in Minnesota, while local advocates say the number is much higher.

Then here is a mention of that same neighborhood a commenter (Random Reader) told us about here.

According to police department data, there were 138 gang-associated crimes committed in 2008 in the Cedar-Riverside neighborhood, an area just east of downtown Minneapolis where many Somali immigrants settled. The number of gang-associated crimes decreased to 100 in 2009, but went back up to 137 in 2010.

Read it all.

For new readers: We have admitted well over 100,000 Somali refugees to the US.   To check out the numbers visit this post, one of our most widely read posts over the last few years.   In FY2010 which ended September 30th the US State Department resettled 4,884 Somalis (here) to towns near you.

Also, after being closed for nearly two years, the US State Department is on the verge of resuming the fraud-ridden family reunification program that admitted as many as 36,000 Somalis fraudulently to the US between 2003 and 2008.  See the latest on new regulations, here.  The State Department is on the verge of re-opening the program and may already have done so.

North Dakota: Somali man held as “person of interest” in murder of Native American family

Looks like our immigration system failed this poor family—four dead.

From AP at Inforum:

A Somali man with a history of violent crime has been interviewed as “a person of interest” in the deaths of his daughter’s mother and three others and is being held by U.S. immigration officials, authorities said Thursday.

Omar Mohamed Kalmio, 26, is the father of an infant girl found alive last week in the Minot apartment of 19-year-old Sabrina Zephier, who was found dead Friday, Minot Police Chief Jeff Balentine told The Associated Press on Thursday. Sabrina Zephier’s mother, Jolene Zephier, 38; brother, Dillon Zephier, 13; and Jolene Zephier’s boyfriend, Jeremy Longie, 22, were found slain in nearby mobile home less than an hour later.

“We have interviewed (Kalmio), and he is a person of interest,” Balentine said.

Authorities had lost track of the “person of interest” in 2006 and found him again in 2010:

Shawn Neudauer, a spokesman for U.S. Immigration and Customs Enforcement, said Kalmio was arrested Tuesday in Minot for failing to abide by the terms of supervised release stemming from an assault charge. He declined to give details, citing privacy issues.

Minnesota court records show Kalmio was convicted in 2006 of second-degree assault with a dangerous weapon, a felony, and sentenced to one year and one day in prison with credit for 143 days served. Kalmio and a group of other Somali men attacked a man in Minneapolis in January 2006, and Kalmio stabbed him three times in the back with a knife, according to a criminal complaint in the case. The victim also was stabbed in the face and shoulder and suffered a collapsed lung and concussion.

That same year, Kalmio was convicted of theft and ordered to pay a fine. Court records show he lived in the Twin Cities suburb of Eagan when the crimes happened.

Minneapolis police said they have had no contact with Kalmio since 2006.

Kalmio had been ordered to report to immigration officials in Grand Forks last August but failed to do so, Neudauer said.

Ahhhh!  Detained in  2010, he was released from custody thanks to a US Supreme Court decision!

Kalmio, who was being held Thursday in the Grand Forks jail, has been in the custody of immigration agents before. ICE issued a statement saying Kalmio was released from custody in May 2010 as a result of rules stemming from a 2001 U.S. Supreme Court decision.

That decision required a court review before immigrants convicted of certain crimes could be deported, a process that had been automatic before. The decision also said criminals with no country to accept them couldn’t be jailed indefinitely.

Somalia has not had a functioning government since 1991.

ICE officials would not comment on whether they tried and failed to deport Kalmio, citing privacy rules.

Three of four murdered were Native Americans:

The Zephiers were members of South Dakota’s Yankton Sioux Tribe. Officials have said they and Longie died after being shot.

If allegations against Somali former refugee (asylee or illegal alien) Omar Mohamed Kalmio, are proven and since Native Americans are surely a protected class, wonder if this will be a federal hate crime?

For new readers: We have admitted well over 100,000 Somali refugees to the US.   To check out the numbers visit this post, one of our most widely read posts over the last few years.   In FY2010 which ended September 30th the US State Department resettled 4,884 Somalis (here) to towns near you.

Also, after being closed for nearly two years, the US State Department is on the verge of resuming the fraud-ridden family reunification program that admitted as many as 36,000 Somalis fraudulently to the US between 2003 and 2008.  See the latest on new regulations, here.  The State Department is on the verge of re-opening the program and may already have done so.

I wonder do the good people, the migration funders, like those at Unbound Philanthropy really know who they are helping bring to the US?   And, also for new readers, Unbound Philanthropy is funding the distribution of the propaganda film on Shelbyville, TN-–a film that promotes the idea that  if a redneck Bible-belt town has come to welcome its Somali population, shame on you if your town doesn’t.   I guess they will be skipping Minot, North Dakota on their film tour.

One final thought: be sure to read about a Somali Tuulu, Jamestown, ND, here.

Article reports Somali clan feuds in St. Louis (also)

Actually this article in St. Louis Today is about terrorism funding charges against a Somali man last November.  It’s about cabdrivers being questioned by the FBI and its about Somalis and CAIR claiming that the FBI is targeting the Somali community and violating their civil rights—same old stuff we hear everywhere.  I don’t get why this story was just reported yesterday, but to my critics who deny that there are Somali clan conflicts and tribal feuds in American and Canadian cities, here we have it mentioned again.

St. Louis Today:

On the same November day that federal authorities arrested an airport cabdriver and accused him of supporting a Somali terrorist organization, the FBI cast a wider net.

Agents descended on Lambert-St. Louis International Airport, where over two days 25 to 50 other cabdrivers, all refugees from Somalia, were summoned to the airport police office. One by one, they entered small rooms where FBI agents waited.  [many questions followed].

[…..]

On Nov. 1, authorities arrested Mohamud Abdi Yusuf, who they allege collected and wired about $6,000 to al-Shabaab, an Islamist group that is trying to overthrow the shaky government of his impoverished east Africancountry. The U.S. government declared al-Shabaab a terrorist organization in 2008.

[…..]

U.S. Attorney General Eric Holder has made outreach to Muslims a priority but also has defended aggressive FBI tactics, including the use of sting operations orchestrated by government informers. Since 2007, 37 defendants have been charged in federal court with terrorism violations related to al-Shabaab or other extremist groups in Somalia. Some Somalis believe informers are at work in St. Louis spreading false allegations to settle long-standing tribal grudges.

Just in the last two weeks we had clan feuds reported in Garden City, Kansas and in Edmonton, Canada.

For new readers: We have admitted well over 100,000 Somali refugees to the US.   To check out the numbers visit this post, one of our most widely read posts over the last few years.   In FY2010 which ended September 30th the US State Department resettled 4,884 Somalis (here) to towns near you.

Also, after being closed for nearly two years, the US State Department is on the verge of resuming the fraud-ridden family reunification program that admitted as many as 36,000 Somalis fraudulently to the US between 2003 and 2008.  See the latest on new regulations, here.  The State Department is on the verge of re-opening the program and may already have done so.

I wonder do the good people, the migration funders, like those at Unbound Philanthropy really know who they are helping to bring to the US?