IMMIGRATION JUDGE FINDS MAN IN DEPORTATION PROCEEDINGS IS A US CITIZEN; REFUSES TO FINALIZE DEPORTATION ORDER

A decorated veteran of the Vietnam War has escaped deportation by proving he is a US citizen.  Joe Van Eeten, a native of the Netherlands who moved to the US in 1961, was convicted in Oregon in 1995 for selling marijuana and served 28 months in prison.  The INS placed him in deportation proceedings after his release.  This move shocked Van Eeten, who thought he was a US citizen.

In 1968 Van Eeten, who was in the Marines, was about to be sent to fight in Vietnam.  He said that prior to being sent overseas he was naturalized in a special ceremony at Camp Pendleton in California.  However, he had no naturalization certificate and no witnesses who were present at this ceremony.  He did have numerous witnesses, however, who testified to similar ceremonies they had gone through, and to the practice of naturalizing servicemen before sending them into combat.  Moreover, his commanding officer while he was in Vietnam testified to Van Eeten’s bravery, particularly in retrieving the bodies of fallen comrades.

The INS is debating whether to pursue an appeal of the decision.

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