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North-Carolina-based lawyer Jeff Matemu, a native of Kenya, has won a landmark immigration case against President Donald Trump's administration.
In a ruling on Wednesday, the 4th Circuit Court of Appeals in Richmond, Virginia, said that the US government will no longer use petty crimes without conviction to deport illegal immigrants as has been happening in the past.
“This is the case of immigrants who have been granted a PJC or a prayer for judgment continued. A prayer for judgment continued or sometimes referred to as “PJC” or “continued judgment” is a device that in the courts discretion may be granted even though a person charged with certain offenses has pleaded guilty or responsible.” Mr Matemu explained.
He added: “The court does not enter a final judgment of conviction in the case. By not entering a final judgment in the case, the plea is not entered against a person.”
Matemu filed the case against US Attorney-General Jeff Sessions on behalf of his client Jose Guzman Gonzalez, who was lined up for deportation.
“I filed a case against the United States Attorney General Jeff Sessions and the court agreed with me, ruling in favor of my client Jose Guzman Gonzalez,” Matemu, who is currently a candidate for US House of Representatives in the second District in North Carolina, said.
He said Gonzalez had admitted before the court to possessing a small amount of bhang and was ordered to pay $100, an administrative cost rather than a fine.
“An immigration judge ordered him deported as a result and I appealed the case to the Federal Appeals Court. The court in agreeing with me ruled that under North Carolina law, “costs” are not punitive in nature. Costs are imposed as a ministerial act, pursuant to statute. Additionally, the costs are designed to compensate the North Carolina justice system for the cost of adjudication,” Matemu said.
Matemu said on Wednesday that the ruling will affect hundreds if not thousands of cases currently pending in US immigration courts. “Many pending deportation cases may have to be reviewed, reopened, remanded or just terminated. His (the client’s win) is a new lifeline for many immigrants,” he said.
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Mheshimiwa Matemu, Hongera sana!
"... Kenya istahili heshima
Nchi yetu ya Kenya, tunayoipenda tuwe tayari kuilinda."
Asante sana kwa kutuletea heshima nchini.
Is this the same Matemu who was elected to watch corruption in Kenya and then was chased out of that position by corrupt cartels because he did not take "kitu kidogo" to make cases go away?
ndio huyo. ndume ya diaspora ppl not only kenyans but ppl from all over the word who are deported for minor crimes such as speeding to get to work!!!!!!
Mwana wa mwendya ni watata, Athimika.
Mheshimiwa D. Mwose: Kai wi Mukamba kivindyo!
one who can be trusted
Trump has not said a word about him yet.we are waiting
yes,only if you trust God and yourself.He didn't only win a big case against the Trump administration, he is running for a congressional seat in the 2nd district of North Carolina.Congratulation wa kwitu.
Congratulations Mr. Matemu on the win. Kenyans are doing big big things all over and we need to hear more of this stuff. I hope he wins the election come November too.