Ghana’s High Commissioner to the United States says ex-Finance Minister Ken Ofori-Atta could be removed from the United States without delay if an immigration judge finds no legal basis to keep him in the country.
Victor Smith told Joy News’ PM Express on Monday that the process before the immigration judge is decisive and leaves little room for discretion if Mr Ofori-Atta’s immigration status cannot be sustained under US law.
“Well, my information is that on January 20th, he may not be in court himself. It might be done virtually, because the FBI don’t want him to be moved about too much,” he said.
He explained that the hearing would be before an immigration judge and the outcome could be swift.
“Now it will be in front of an immigration judge, and if the immigration judge has no basis to keep him here longer, he will be on the next flight to Ghana. That’s what I know.”
Mr Smith’s comments come after confirmation that Mr Ofori-Atta has been detained by the United States Immigration and Customs Enforcement over questions surrounding the status of his stay in the country.
In a statement released by his legal team, the former finance minister is said to be cooperating fully with ICE while efforts are made to resolve the matter as quickly as possible.
The statement noted that Mr Ofori-Atta has a pending petition for adjustment of status, a process under US law that allows an individual to remain legally in the country beyond the validity of an initial visa.
The High Commissioner drew a distinction between Mr Ofori-Atta’s situation and other immigration cases the Ghanaian mission has dealt with over the past year.
“Some of the detainees with whom we’ve come into contact had no documents. They were undocumented, so we could not we had to try and prove that they were Ghanaians before they would make that determination to fly them out,” he said.
He explained that such cases often stall because nationality cannot be established.
“So then sometimes they go to court, and we’re not able to finish that matter, because we cannot prove where they are coming from.”
Mr Smith said Mr Ofori-Atta’s case is different and more straightforward in that regard.
“But in this particular special case, they have three of his passports, and all of them. So clearly, that is a Ghanaian.”
Pressed on the claim that US authorities were holding multiple passports belonging to the former minister, Mr Smith stood by the information available to him.
“Yeah. I believe the new type, the biometric type with a chip embedded. They said they have his three passports, and each one had the same details.”
According to him, this has effectively settled the question of nationality in the eyes of US immigration authorities.
“So they have no reason to believe that he had another nationality.”
He said he had not been informed whether the passports were all valid, but stressed that they were all Ghanaian.
“Well, that was not told to me, but they said three passports, and none of them was any other country but Ghana’s passport. So I take it that the matter is settled. It’s a Ghanaian.”
Mr Smith said this removes one of the major hurdles that often complicate deportation proceedings.
“Okay, okay, so there won’t be a problem before the immigration judge to determine his nationality.”
He said the critical issue before the judge will be Mr Ofori-Atta’s immigration status.
“Now, if there is no basis to keep him here longer because his visa is out of status, he doesn’t have a visa to remain in this country, that is the easiest way to take him back to his country.”
Asked whether the former finance minister holds citizenship of any other country, Mr Smith said there is no evidence to support such claims.
“I don’t know. Well, initially there was like a suspicion, but there’s no evidence,” he said.
“So far, as far as ice is concerned, you haven’t had any evidence that he has some other passport, or has some other details other than what is in his passport.”
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