Russian Native Jailed In Hudson County Is Innocent Victim: Judge

HUDSON COUNTY, NJ — A Russian native accused of criminal fraud in his home country will remain imprisoned in the Hudson County Correctional Facility, even though a federal judge argues that he’s “the innocent victim of a rogue foreign government.”

On Tuesday, a panel of judges with the U.S. Court of Appeals For The Third Circuit upheld a lower court’s denial of habeas corpus to Igor Borbot.

According to court documents, Borbot, a native and citizen of Russia, entered the United States in September 2014 on a six-month tourist visa, which he overstayed. Nearly a year later, an Interpol “Red Notice” requested by Russia identified Borbot as a fugitive wanted for prosecution on “criminal fraud” charges.

On April 22, 2016, Immigration and Customs Enforcement (ICE) detained Borbot under 8 U.S.C. § 1226(a) and initiated removal proceedings, which are still pending in a New York immigration court. Borbot has been languishing at the Hudson County Correctional Facility in Kearny pending removal proceedings ever since, court documents state.

Borbot had alleged that the due process clause of the Fifth Amendment entitles him to a new bond hearing, at which the government must bear the burden of justifying his continued detention. The government would then have to prove that Borbot is a “danger to the community” or a flight risk, or release him from jail.

However, on July 19, 2017, nearly 15 months after Borbot’s arrest, the U.S. District Court for New Jersey dismissed his petition as “facially insufficient.”

According to the Third Circuit appellate court, which denied Borbot’s appeal:

“Borbot’s habeas petition seeks to compel a second bond hearing despite alleging no constitutional defect in the one he received. This comes close to asking this court to directly review the [immigration judge’s] bond decision, a task Congress has expressly forbidden us from undertaking… We recognize Borbot’s concern that, despite an initial bond hearing, detention under § 1226(a) might become unreasonably prolonged, whether by virtue of government delay or some other cause. But Borbot fails to identify a basis in the record to demonstrate that this is such a case. We therefore need not decide when, if ever, the due process clause might entitle an alien detained under § 1226(a) to a new bond hearing in order to conclude that Borbot’s due process rights were not violated.”

JUDGE: ‘CONTRARY TO THE CONCEPT OF JUSTICE’

In a dissenting opinion, Judge Jane Roth blasted the ruling, writing that the decision was “contrary to her concept of justice.”

“The judicial branch of our federal government should be sheltered from the political maneuverings of foreign nations,” Roth stated. “These matters are best left to the executive and legislative branches. Nevertheless, there are occasions when it becomes evident that the machinations of a foreign government have, inadvertently to the courts, become entangled in the judicial process. This case is an example of such a situation.”

Citing news articles in The Atlantic, the NY Times and The Globe and Mail, Roth said that it’s “become clear” that the Russian government has been employing Interpol alerts or “Red Notices” to pursue and harass opponents of the Russian regime.

Roth wrote that the use of Red Notices has been “misappropriated by the Russian government” to punish political opponents who travel abroad.

“Opponents of the present Russian regime have been arrested in countries around the world on the basis of a Red Notice,” Roth stated. “They then have had extreme difficulty in convincing the authorities of the arresting countries that they are not criminals but are being pursued by the Russian government for political reasons.”

According to Roth:

“The petitioner here claims that he is not a criminal. He has no criminal record anywhere. He was arrested by ICE for overstaying his visa. Then, on the basis of an Interpol Red Notice, requested by Russia, he has been held in custody since April 22, 2016, on the ground that he is a danger to the community. The reason for being classified as a danger is the Red Notice, nothing else. We have just learned that as of July 28, 2018, Interpol withdrew the Red Notice on Borbot. Nevertheless, Borbot remains in custody at least until there is a new ruling on danger to the community by the BIA. To obtain the Red Notice, Russia charged Borbot with fraud. Borbot has demonstrated that the “fraud,” an alleged overcharging on a shipyard construction contract, was baseless and politically motivated. He has applied for political asylum. Moreover, there was a civil suit brought against Borbot in a Russian court on the basis of the same shipyard overcharges. The suit was dismissed as groundless and the dismissal was affirmed.”

Roth had scathing words for the decision to leave Borbot imprisoned in Hudson County.

“It is contrary to my concept of justice to hold in custody an individual who is the innocent victim of a rogue foreign government,” the federal judge concluded.

• See related article: Maggots, Squalor For ICE Detainees At 'Inhumane' NJ Jails
• See related article: Video Shows Emotional Reunion For Pizza Driver After ICE Arrest
• See related article: Hudson County Plans To Sever Ties With ICE After Public Outcry

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