Judge orders isle
immigrant freed for
deportation appealChristopher Ulep can
reunite with his family
after 15 months in jail
A Filipino immigrant, whose case has come to symbolize critics' view of an unyielding U.S. immigration system, is scheduled to be released today after spending 15 months in prison as he contested his deportation.
Chief U.S. District Court Judge David Ezra approved an impromptu agreement yesterday between Christopher Ulep's attorney and the U.S. Department of Homeland Security that will enable Ulep to be released while he appeals his deportation.
Filipino immigrant Christopher Ulep, who has been imprisoned for 15 months while contesting his deportation, was to be released today.
Ulep's mother, Virginia, was moved to tears as she sat in the courthouse and authorities announced the deal that, pending certain conditions, will result in her son's release today.
"I'm so happy," she said. "I'm so, so happy."
Ulep, 28, has been imprisoned since March 2003 when immigration authorities arrested him and began deportation proceedings based on his 1996 conviction on several felony drug and firearm charges -- both deportable offenses. He served a two-month sentence and completed a drug rehab program ordered by a state judge. It was unclear why the federal government waited nearly seven years to try to deport him.
But in those seven years, Ulep, who grew up in an environment of drugs and gangs in Kalihi, completely turned his life around and moved to Maui. He held two jobs, attended apprenticeship school and supported his family until his arrest, according to family, friends and employers.
Leaders in the Filipino community and others cited Ulep's case as an example of an unjust immigration system that shows no flexibility when an immigrant has served time for a past crime, has since become a productive, law-abiding community member and then faces deportation for the offense of years ago.
The agreement does not affect the government's deportation order. It simply allows Ulep to remain free while the order is appealed, a process that could take a year or two.
The agreement was reached just before an afternoon hearing before Ezra. The hearing had been rescheduled following a morning scolding the judge gave attorneys for both sides when all parties showed up for a 9 a.m. hearing -- except Ulep. No one made the arrangements for Ulep to be there. He attended the afternoon hearing. Both sides said the delay helped in reaching the agreement.
Harry Yee, the assistant U.S. attorney who represented the Homeland Security Department at the hearing, said because Ulep is not considered a flight risk or a danger to society, the government believes his release is reasonable while the appeal is pending.
Asked why a deal was not struck months ago, Yee said his office just became involved in the case.
Ronald Oldenburg, Ulep's attorney, said his client still faces an uphill battle in getting the deportation order overturned. But at least now Ulep can be with his family and earn money to help pursue the appeal, Oldenburg said.
As part of the release agreement, Ulep must post a $5,000 bond.
Adult Friends for Youth, an advocacy group that has helped Ulep and pushed for his release, plans to come up with the bond money, said Sid Rosen, the organization's chief executive.
Immigration authorities have taken the position that because Ulep was convicted of an aggravated felony, his deportation is required.
But Ulep is arguing that his conviction for possession of a small amount of crystal methamphetamine was not an aggravated felony. He is also arguing that because his previous attorney did not provide him with adequate counsel, his case should be reconsidered by immigration authorities.
His appeal to reopen the case is pending before the 9th U.S. Circuit Court of Appeals.
