Deportation as Defense Against Civil Commitment of a Sexually Violent Predator
Author: Alissa Ackerman.; Roslyn Myers, J.D..
Source: Volume 09, Number 02, February/March 2008 , pp.23-24(2)
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Abstract:
In August 2006, Hayden Michael Richards was civilly committed to the Minnesota Sex Offender Program as a sexual-psychopathic personality (SPP) and a sexually dangerous person (SDP). Around the same time, an order by the U.S. Department of Immigration and Homeland Security (DIHS) ordered Richards, a citizen of Trinidad, to be deported. Interestingly, Richards did not challenge the determination that he was an SPP or that he was an SDP under Minn. Stat. ch. 253B (2006). Rather, he argued that subjecting him to a deportation order had two consequences: It deprived the state court of jurisdiction to civilly commit him; and it made him an “improper candidate” for civil commitment. (In re Civil Commitment of Richards, 738 N.W.2d 397, *398 (Minn. App. 2007).)Keywords:
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