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Published online by Cambridge University Press: 27 February 2017
This case is the latest in a series of actions brought in the United States since 1984 that have resulted in court and administrative decisions on the claim of asylum by, and attempt at extradition of, the plaintiff, Joseph Patrick Doherty, a native of Northern Ireland and subject of the United Kingdom and its Colonies. He was admittedly a member of the Provisional Irish Republican Army and was convicted in absentia, in Northern Ireland, of murder of a British Army officer there in 1980. In the instant case, the plaintiff sought review by the United States Court of Appeals for the Second Circuit of two administrative decisions by successive Attorneys General of the United States (one by Edwin Meese in June 1988, and the other by Richard Thornburgh in July 1989).
1 The cases reached the Attorneys General by certification to them from the Board of Immigration Appeals, which had received the cases upon appeal to it.
Recently, a petition for certiorari was filed in Doherty. 59 U.S.L.W. 3441 (U.S. Dec. 11, 1990) (No. 90-925).
2 8 U.S.C. § 1253(a) (1988).
3 908 F.2d 1108, 1113.
4 For the authority of the Board of Immigration Appeals or the Immigration Judge to reopen deportation proceedings for changed circumstances, see 8 C.F.R. §§3.2, 242.22 (1990).
5 It is §243(h)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1253(h)(2)(C), that bars withholding of deportation where “there are serious reasons for considering that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States.”
6 908 F.2d at 1129 n.8.
7 Quinn v. Robinson, 783 F.2d 776, 807, 813–14 (9th Cir.), cert, denied, 479 U.S. 882 (1986) (finding of political offense in extradition proceedings not upheld).
8 In re Doherty by Govt, of U.K., 599 F.Supp. 270, 275 (S.D.N.Y. 1984) (political offense found in extradition proceedings).
9 Supplementary Extradition Treaty, June 25, 1985, United States-United Kingdom, S. Treaty Doc. 8, 99th Cong., 1st Sess. (1985), reprinted in 24 ILM 1104 (1985), summarized in 79 AJIL 1045 (1985).
10 In re Mackin, 668 F.2d 122, 124 (2d Cir. 1981), summarized in 76 AJIL 391 (1982) (finding of political offense in extradition proceedings upheld).
11 783 F.2d at 797, 806, 809. “Uprising” encompasses rebellion, revolution and civil war and “incidental to” includes “in the course of,” “connected to” and “in furtherance of.”
12 Id. at 808, 810.
13 788 F.2d 591, 597 (9th Cir. 1986) (held serious nonpolitical crime in deportation proceedings).
14 742 F.2d 1438 (2d Cir.) (dec. without publd. opin.), cert, denied, 467 U.S. 1256 (1984) (held no well-founded fear of persecution).
15 783 F.2d at 810.
16 788 F.2d at 596, 597–98.
17 668 F.2d at 124.
18 UN Doc. HCR/lP/41/Eng. rev.l, at 37 (1988).