Pubdate: Fri, 28 May 2010
Source: Windsor Star (CN ON)
Copyright: 2010 The Windsor Star
Contact: http://www.canada.com/windsorstar/letters.html
Website: http://www.canada.com/windsorstar/
Details: http://www.mapinc.org/media/501
Author: Don Lajoie

DRUG RECORD NIXES VISIT TO DYING DAD

Mike Mailloux is willing to go "bound, handcuffed and shackled" to
visit his dying father in Michigan -- if that's what it takes to
convince U.S. immigration authorities he's not a threat.

That was the 49-year-old Windsor man's reaction last week when he was
informed by U.S. Customs and Immigration officials that his record of
three criminal convictions for drug possession would keep him out of
Michigan, even as his 75-year-old father lies dying at the Mount
Clemens Regional Medical Center.

"My father doesn't have long," Mailloux said Thursday. "They're
sending me a pardon package, but that could take a year and I don't
have a year.

"I'll go in handcuffs and shackles. I don't care. I just want to see
my dad."

Mailloux's father Richard is battling cancer that began in his liver
and has now spread throughout his abdomen and into his brain.

Mailloux was charged and convicted in 1976 for possession of
marijuana.

He was charged again in 1986 for possession of marijuana and hashish
oil and fined $500.

Finally, in 1996, he was convicted for possession of two ounces of
cocaine and served two years as a repeat offender. He has faced no
charges in the U.S. and his record here has been clean for 12 years.

Mailloux, who has no passport, said the drama began May 21, when his
father was rushed to hospital suffering a suspected seizure.

Doctors determined that the cancer had spread to his brain and he has
been in the intensive care unit since.

Mailloux's family, who live in the U.S., contacted him and told him
his father didn't have much time.

The family contacted U.S. Citizenship and Immigration Services. They
were told he could apply for a program called Humanitarian Parole,
which is designed to allow entry to the U.S., for a temporary period,
"due to a compelling emergency" for a person otherwise deemed
inadmissible.

The requirements include filing an Application for Travel form and
paying a filing fee. Affidavits of support and detailed evidence of
the circumstances, including court or criminal records where deemed
necessary, may also be provided. The application must then be approved
by U.S. Citizenship and Immigration.

Mailloux's sister Patricia said the family sent officials 21 pages of
documentation, including marriage and birth certificates, driver's
licences, letters of support, medical records on their father's
condition and copies of passports.

They asked that Mailloux be granted two weeks to be with his father.
Last week, the family was told their request had been denied.

"They called mom and said it has been determined he is not able to
cross the border," Patricia said.

"They didn't give any reason. It was just a middleman delivering a
message .. My dad is on a feeding tube and a breathing apparatus. My
brother just wants to be with him. It's a depressing situation. We
don't know why he can't come over. The offences were in Canada. He has
nothing in the U.S. It could be the last time he sees his dad."

Chief Ron Smith, spokesman for U.S. citizenship and immigration, said
the agency would not reveal details of an individual case because of
privacy rules. However, he said a criminal conviction outside the U.S.
can result in inadmissability and there is no avenue to appeal if
someone is denied entry.

But, if the applicant believes more information or documentation could
help their case, they may reapply.

Smith also suggested Mailloux contact the U.S. Consulate in Toronto
for more information about possible waivers on compassionate grounds.

As for being allowed into the country bound and shackled, Smith said:
"We would not transport anyone in handcuffs or shackles anywhere in
the U.S.

"Typically, you're only shackled if you're going to
jail."

But Mailloux said travelling to the consulate in Toronto is not viable
and getting a lawyer is out of the question.

"I've got no way to get there and there's not much I can do about it,"
he said. "I've been out of work for two years. It's been a bad two
years and I have no vehicle and how can I pay for a lawyer?"

He said his family has been trying through the offices of their
Michigan senators, members of congress and even at Gov. Jennifer
Granholm's office. They haven't heard back.

"I don't have a passport," he said. "If they could give me a four-hour
pass it would have been nice. I just want to see my dad. That's the
bottom line."
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