War resister Kimberly Rivera gets 11th hour stay from deportation
Tamsyn Burgmann, The Canadian Press
March 26, 2009
TORONTO — The first female U.S. soldier who fled to Canada to avoid fighting in Iraq has won more time in her fight to make a home here with her family.
Kimberly Rivera, 26, celebrated an 11th hour stay from deportation Wednesday night flanked by a group of war resister supporters after she learned she’d won the reprieve.
“This is a slight victory, because I don’t have to go home (Thursday),” she told the group as she cradled her four-month old daughter.
“So I am very, very excited. I don’t have to be handed over to authorities, so it gives me another day to fight.”
The Federal Court of Canada granted Ms. Rivera the emergency stay, pending a decision on whether they’ll review a decision by immigration officials that previously rejected her re-removal risk assessment.
The decision means the Mesquite, Tex., woman, who has a husband and three children, will avoid potential time behind bars for the moment.
Had she been ordered out of the country, there is a possibility she would be court-martialed and sentenced to time in prison.
Ms. Rivera’s lawyer, Alyssa Manning, cautioned the reprieve is only temporary.
“It is only for potentially a couple of weeks, at the most, maybe months,” she said.
Ms. Rivera used the good news to draw attention to a non-binding motion adopted in the summer by all federal parties except the Conservatives.
It urged that U.S. military deserters be allowed to stay in Canada.
“The battle’s not over, and we’re still calling on the government to put forward this resolution,” she said.
MP Olivia Chow, who will be re-introducing the motion Thursday in the Commons, also attended the celebration.
“I’m extremely pleased today to see that the Federal Court did the right thing to let her stay,” she said.
“I just hope that Stephen Harper will also do the right thing.”
Ms. Rivera, who previously served a tour of duty in Iraq in 2006, left her home in the U.S. and drove to Canada on Feb. 18, 2007.
She has previously said that the tour caused her to become disillusioned with the American mission there.
At least two other U.S. army deserters — Jeremy Hinzman and Patrick Hart — are currently facing deportation, having won temporary stays. They are among an estimated 250 U.S. war resisters who fled to Canada.
The first U.S. deserter to be ordered to leave the country, Robin Long, is now serving a 15-month sentence in a San Diego military prison.
Source | See also: U.S. war resister gets temporary stay of removal | Resisters of a ‘dumb’ war | Kenney’s comments prejudice hearings for war resisters, critics say | U.S. war resister, mother of 3 must leave Canada | Federal government orders U.S. war resister deported | Another U.S. War Resister to be deported | U.S. War Resister ’surprised’ deportation order stayed | National Day of Action as Protesters Urge Vote to Let War Resisters Stay | U.S. deserter feared torture orders | Early U.S. war deserter ordered deported | U.S. army war resister’s deportation sparks outrage | U.S. war resister Corey Glass granted stay of deportation order | U.S. deserter wins appeal | MPs vote to give asylum to U.S. deserters, Tories say no | U.S. soldier who fled to Canada ordered deported
April 20th, 2009 at 4:32 am
[...] approves Netanyahu’s new government | Obama adds another brigade to Afghanistan troop surge | War resister Kimberly Rivera gets 11th hour stay from deportation | Pentagon exploring robot killers that can fire on their own | Intelligence made it clear Saddam [...]
April 20th, 2009 at 4:40 am
[...] approves Netanyahu’s new government | Obama adds another brigade to Afghanistan troop surge | War resister Kimberly Rivera gets 11th hour stay from deportation | Pentagon exploring robot killers that can fire on their own | Intelligence made it clear Saddam [...]
April 22nd, 2009 at 10:42 am
[...] | See also: Canadian Parliament votes again to let U.S. war resisters stay | War resister Kimberly Rivera gets 11th hour stay from deportation | U.S. war resister gets temporary stay of removal | Resisters of a ‘dumb’ war | Kenney’s [...]
May 12th, 2009 at 4:25 pm
[...] Constitutional Scholar: Secret Bush Memos Reveal Plan For “Massive Military Takeover Of US” | War resister Kimberly Rivera gets 11th hour stay from deportation | London Police Encourage Citizens To Inform on Neighbour’s Garbage | US Senate Rubber Stamps [...]
May 15th, 2009 at 7:22 am
[...] Constitutional Scholar: Secret Bush Memos Reveal Plan For “Massive Military Takeover Of US” | War resister Kimberly Rivera gets 11th hour stay from deportation | London Police Encourage Citizens To Inform on Neighbour’s Garbage | US Senate Rubber Stamps [...]
May 21st, 2009 at 11:16 am
[...] cyberspace ‘legal regime’ | Watchdog rejects government bid to delay Afghan detainee inquiry | War resister Kimberly Rivera gets 11th hour stay from deportation | UK MP George Galloway takes Canadian speaking ban to court | Rights groups press for better [...]
May 26th, 2009 at 3:21 am
[...] Constitutional Scholar: Secret Bush Memos Reveal Plan For “Massive Military Takeover Of US” | War resister Kimberly Rivera gets 11th hour stay from deportation | London Police Encourage Citizens To Inform on Neighbour’s Garbage | US Senate Rubber Stamps [...]
June 7th, 2009 at 3:49 am
[...] cyberspace ‘legal regime’ | Watchdog rejects government bid to delay Afghan detainee inquiry | War resister Kimberly Rivera gets 11th hour stay from deportation | UK MP George Galloway takes Canadian speaking ban to court | Rights groups press for better [...]
July 14th, 2009 at 12:36 am
[...] approves Netanyahu’s new government | Obama adds another brigade to Afghanistan troop surge | War resister Kimberly Rivera gets 11th hour stay from deportation | Pentagon exploring robot killers that can fire on their own | Intelligence made it clear Saddam [...]
November 3rd, 2009 at 3:26 pm
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January 3rd, 2010 at 1:25 am
[...] approves Netanyahu’s new government | Obama adds another brigade to Afghanistan troop surge | War resister Kimberly Rivera gets 11th hour stay from deportation | Pentagon exploring robot killers that can fire on their own | Intelligence made it clear Saddam [...]
January 19th, 2010 at 12:43 pm
[...] Iraq resisters: critics | Canadian Parliament votes again to let U.S. war resisters stay | War resister Kimberly Rivera gets 11th hour stay from deportation | U.S. war resister gets temporary stay of removal | Resisters of a ‘dumb’ war | Kenney’s [...]
July 22nd, 2010 at 12:00 pm
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