ORIGINAL CASE DETAILS
Former Marine Sgt. Roman Sabal was deported last year as a non-citizen military veteran who served six years in the Marine Corps and served several more years as an Army Reserve. Sabal was in the United States on a tourist visa in the 1980’s and enlisted in the military using a fake identity. It was reported that Sabal confessed that he enlisted with a fake identity while he was at boot camp, but he was told, “don’t worry about it, you’re a Marine now.” Over the next several years, Sabal was deployed overseas three times and earned the rank of Sargent. He was awarded numerous medals for his service, including the National Defense Service Medal, the Good Conduct Medal, and the Navy Unit Commendation. After Sabal finished his time serving in the United States military, he applied for naturalized citizenship in 1995. He had two children and went to visit Belize in 2008 for a medical treatment. That visit resulted in Sabal being stuck outside the United States unable to return when he attempted to return in 2016. His return opened an immigration case and resulted in his deportation from the United States. In July of 2019, Sabal was finally granted an appointment for a naturalization interview. He tried to enter through California and was denied at the border. He continued to fight his case to be granted a citizenship interview to be reunited with his family in the United States.
FEDERAL LAWSUIT VICTORY
Attorneys filed a lawsuit against the federal government on Sabal’s behalf so he would be granted the opportunity to meet with an officer for a naturalization interview. After just over a year, he was granted the opportunity to finally meet with an officer and was granted naturalized United States citizenship. After many years, Sabal was able to be reunited with his family once his case was finally won. After 27 years, Sabal was sworn in as a United States citizen on October 27th, 2020. Sabal’s case drew national attention, with many coming to his defense stating that he was treated unfairly after all of his years of military service in the United States. Sabal’s victory required a relentless fight and diligent and helpful legal representation. If you are facing the potential of deportation or removal, then it is important to speak to an experienced deportation and removal attorney immediately.
HOW THIS CASE IS IMPORTANT
Immigration and Customs Enforcement (ICE) has been presented with memos over the past 16 years related to how agents are supposed to handle deportation notice to appears when dealing with military veterans. At a minimum, the agents are to consider the veteran’s:
- Any evidence relating to criminal history;
- Evidence of any rehabilitation if applicable;
- Evidence of family and economic ties to the United States;
- Evidence relating to work history;
- Health; and
- Evidence relating to any community service work done.
It is also important that a veteran’s service history, deployment history and any awards be considered. If an agent still decides to continue forward with a deportation proceeding against a military veteran, the agent must draft a memo discussing the review of the veteran’s service to include with the deportation request. It is no secret that ICE may try to fast track someone’s deportation without considering all necessary factors. That, among many other reasons is why it is important to have proper legal help in an immigration case. One oversight in your file can be the difference between winning and losing your case. Immigration is a complex and nuanced area of law that requires an experienced hand to achieve the best results. If you are facing the potential of deportation and removal for any reason, call us at Bajoka Law today so we can help.
