Little information released as Zhukovskyy detained by ICE following acquittal
Immigration cases treated differently than civil, criminal cases, attorney says
Immigration cases treated differently than civil, criminal cases, attorney says
Immigration cases treated differently than civil, criminal cases, attorney says
After Volodymyr Zhukovskyy was detained by U.S. Immigration and Customs Enforcement following his acquittal on all charges in a 2019 motorcycle crash in Randolph, it's unclear when he might appear in front of a judge.
News 9 Investigates has been working to learn more about the immigration case against Zhukovskyy. Unlike criminal and civil cases, where court records are public, in immigration cases, federal agencies decide if and when they'll disclose information publicly.
Zhukovskyy, 26, is being held at the Moshannon Valley ICE processing center in Philipsburg, Pennsylvania. He said sent there on a detainer that was issued by the Department of Homeland Security.
News 9 has filed several Freedom of Information Act requests with the federal government to find out what exactly Zhukovskyy is being detained on, along with numerous inquiries to find out when he will appear in front of a judge. There has been no response.
"They issue a detainer when a person is being held by a state or federal jail asking to be notified prior to that person's release," said New Hampshire immigration lawyer Ron Abramson.
Abramson has no affiliation with Zhukovskyy's case, but he said that generally speaking, immigration cases are protected by federal privacy laws established by the Privacy Act of 1974.
"There are practical and theoretical reasons for that," he said. "It's not the same constitutional underpinnings as a criminal case. The same rights don't apply. There's no explicit right to speedy and public adjudication."
He said that can create a frustrating process, says especially for families of detainees.
"The presumption is always to privacy, and the agencies decide when and if they're going to disclose information publicly," Abramson said.
News 9 has learned that although Zhukovskyy is being held in a Pennsylvania detention center, his immigration hearing will likely be held virtually in another state.