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澳彩开奖 wins release for green card holder locked up on legal technicality

Detention Center

Ocilla, GA

Detention Status

Released

Source

Client

Daniela Doerr鈥檚 life changed when she removed the blanket covering her stillborn conjoined twins at the hospital.

Thirteen years later, the image is still etched in her memory. Doerr, 31, also suffered two miscarriages in 2006. She points to the tragedies as the moment her life took a dramatic turn for the worse, sending her down a path that would ultimately lead to an immigrant prison.

Doerr didn鈥檛 know how to cope with the deaths of her four children, and she turned to marijuana. By August 2018, Doerr, who was born in Germany but holds a green card, was sentenced to one year of probation for possession of marijuana. 听听听听

She was later arrested for being an accessory to shoplifting. When taken to a county jail in Cartersville, Georgia, she was told that due to her criminal history, Immigration and Customs Enforcement (ICE) had a 鈥渉old鈥 on her. On May 1, 2019, Doerr was sent to the Irwin County Detention Center in Ocilla, Georgia. 听听听听听

鈥淚 thought, 鈥榊ou鈥檝e got to be kidding me,鈥欌 Doerr said in October. 鈥淚t was frustrating, to say the least. The situation was nerve-wracking. Everyone in my family is a U.S. citizen. I was worried they would deport me to Germany, and I know nothing about Germany.鈥澨

But there was hope: She was facing removal due to a legal technicality. The Southeast Immigrant Freedom Initiative (SIFI) 鈥 a project of the 澳彩开奖 that provides pro bono legal services to those facing removal proceedings in the Deep South 鈥 took her case and won her release. 听听听

鈥楾he one loophole that denied me everything鈥

In addition, due to circumstances beyond her control, Doerr was unable to fulfill a legal requirement that would have granted her U.S. citizenship while in Germany. It鈥檚 not only why she鈥檚 a green card holder, but why her mistakes put her at risk of being removed from the United States.

鈥淚t was frustrating,鈥 Doerr said. 鈥淚t鈥檚 an unjust technicality.鈥

Her attorney, however, had a plan that could keep her in the United States.

鈥淚 determined that Daniela was eligible for cancellation of removal for lawful permanent residents,鈥 said Sophia Genovese, a SIFI attorney. 鈥淚n order to successfully obtain cancellation of removal for Daniela, we needed to show that she had been in the U.S. at least seven years, five of which needed to be as a lawful permanent resident, as well as demonstrate that she hadn鈥檛 been convicted of any aggravated felonies.鈥澨

But even if Doerr met these requirements, it wasn鈥檛 guaranteed a judge would allow her to stay. 鈥淐ancellation of removal is highly discretionary,鈥 Genovese said of this path known as 42A eligibility. 听听 听听听听听听

Blurred lines

During her time in detention, Doerr said she often prayed and read the Bible, finding comfort in the verses of Psalms, chapter 91: 鈥淚 will say of the Lord, he is my refuge and my fortress: my God; in him will I trust.Surely he shall deliver thee from the snare of the fowler, and from the noisome pestilence.鈥

But detention tested her limits. Doerr was separated from her daughter, now 4, who has autism. 鈥淚 questioned my faith more than once, and questioned everything about life,鈥 she said. 鈥淢y daughter is my world, my other half. Being apart from her, I would cry. Crying was like my therapy.鈥 听听听听听听听听

At the immigrant prison, Doerr slept on a concrete slab covered with a half-inch green mat. She shared a room with three other women, all of whom had to share a sink, a toilet and shower.听 听听听听听听

鈥淭here鈥檚 no privacy,鈥 she said. 鈥淭here was a light in the middle of the room that was never turned off completely. It was hard to sleep, and there鈥檚 not a single moment of quietness, not a single moment to yourself.鈥 听听

Doerr also said that the line between being a convicted criminal serving time and a person detained by ICE was often blurred.

鈥淚t鈥檚 incredibly scary to have no control 鈥 not an inch or a centimeter 鈥 over your life, when you鈥檙e at the mercy of everybody else, the guards,鈥 she said. 鈥淭he fact that we鈥檙e not inmates gets forgotten sometimes.鈥 听听听听

That certainly seemed to be the case when Doerr needed oral surgery while detained. She was driven to Emory University Hospital in Atlanta 鈥 all while shackled and chained at the waist during the three-hour trip.听听听听听听听

鈥淭hey even did the surgery while I was shackled,鈥 she said.

As for her daily routine at the immigrant prison, Doerr spent her time reading, sleeping and eating 鈥 nothing more. 听听

鈥淭here were times when I wondered if it would ever end,鈥 she said. 鈥淪ometimes I thought, 鈥楯ust send me back to Germany, I don鈥檛 care.鈥 Of course, I didn鈥檛 want to be deported. But when people go to jail or prison, they know there鈥檚 an endgame. Even those with life sentences, they know the bottom line, they know they won鈥檛 leave. But I didn鈥檛 know anything, which was very depressing.鈥澨 听听听听听听

Finally free

Meanwhile, Genovese was working to secure Doerr鈥檚 release.

鈥淒aniela and I needed to prepare strong testimony. We talked about how Daniela was ready to take responsibility for her actions and move forward in order to create happy lives for her and her daughter,鈥 Genovese said. 听听听听听

The attorney spent almost five months preparing the case. When speaking with Doerr, the two would often cry and sometimes laugh together, Genovese said. Their preparation paid off. Doerr was freed from detention and no longer faces removal.听 听听听

鈥淚鈥檓 not ashamed to admit that I cried when the judge ruled in her favor,鈥 Genovese said. 鈥淒aniela is brilliant, and there鈥檚 no doubt that the U.S. is stronger and better with her here.鈥 听

After Doerr鈥檚 release, her stepfather drove from Tennessee in his truck to pick her up.

鈥淚t was a weird feeling to stick my hand through the truck window and not feel bars or grates,鈥 Doerr said. 鈥淚t was surreal and freeing. In a situation like this, where there鈥檚 so many variables and you know nothing until the last moment, it humbles you and makes you truly realize you don鈥檛 get through anything by yourself. It鈥檚 all down to God.鈥澨

Less than a month after her release, Doerr had a job at a fast-food restaurant, found stable housing, got her driver鈥檚 license back and bought a car. She also finally got the chance to hug her daughter and be a mother again.

鈥淭his experience made me realize how valuable the smaller things in life are, what we take for granted. My advice to others is to look around at what you have and be thankful, because it could be so, so much worse.鈥澨

Photo by Getty Images 听听听听听听听听听