A lawyer has called on US immigration officials to reconsider deporting Irishman Keith Byrne.
International lawyer Michael Kingston hand-delivered a letter to Immigration and Customs Enforcement (ICE) on Friday appealing to their “moral authority”.
He gave the letter to the offices of ICE Director Matthew Albence in Washington DC after Mr Byrne signed papers agreeing to leave the country.
Cork native Keith faced prison if he did not sign the documentation.
The lawyer called on the US to grant him a reprieve or a hearing with an immigration judge considering his “special circumstances”.
Only in these kinds of situations can a deportation case be appealed and heard in front of an immigration judge.
In the letter seen by RTE News, Mr Kingston argued that Mr Byrne’s family would be “spilt” if he was deported as he could not take his stepson, who “he treats as his own child”, away from his biological father.
He said: “Keith’s family is going to be split up, traumatising these US children and his stepson’s father and family. That includes at least six immediate US citizens,
“He loves his stepson and would not take him away from his father, even if he was allowed to legally, nor would his mother, a US citizen who is now in an impossible situation if Keith is deported to Ireland.”
He did agree that Mr Byrne overstayed his original visitor’s visa, which was “clearly wrong”.
In the letter, the 37-year-old was described as an “honest man” who attempted to mend his visa overstay and was open about his historic charges in Ireland.
Mr Kingston said: “No one is above the law. That message still stands, and a firm message has been sent out, but nothing should ever prevent exceptional circumstances prevailing when moral authority rightly invokes their merit,”
Keith travelled to the US on a visa waiver programme in 2007 but overstayed his visa.
In 2009, he married an American lady named Keren with whom he had two kids, and also became stepdad to a child from Keren’s previous relationship.
This was all while setting up his own painting business in Oreland, Philadelphia.
Efforts to obtain a Green Card failed due to a minor drugs possession charge when he lived in Ireland.
He was arrested by officers two weeks ago on immigration violations and is currently being held at the Pike County Correctional facility.
Mr Byrne signed documentation last week, authorising his removal from the country. It is understood under the agreement he would banned from the US for five years.
In a statement to RTE News, ICE said that “per privacy restrictions” the agency cannot provide any further comment other than to state that Mr Byrne is currently in custody pending removal.
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