News about the Irish & Irish American culture, music, news, sports. This is hosted by the Irish Aires radio show on KPFT-FM 90.1 in Houston, Texas (a Pacifica community radio station)

November 27, 2006

Court Won't Hear Malachy McAllister's Plea

Court Won't Hear Asylum Seeker's Plea

Associated Press

WASHINGTON - An asylum seeker found to have engaged in
terrorist activities in Northern Ireland lost his battle
Monday to have the Supreme Court review his lawsuit.

Lawyers told the justices that Malachy McAllister and his
children Nicola and Sean face the likelihood of persecution
if they are returned to Northern Ireland, the country from
which they fled 18 years ago after their home was attacked
by paramilitary forces.

The 3rd U.S. Circuit Court of Appeals upheld immigration
rulings to remove McAllister and to dismiss the petition by
his children to remain in the United States as moot because
their mother died two years ago.

McAllister wanted to challenge the provision in asylum law
that denies protection to a person who has engaged in
terrorist activities. And in regard to the children's
asylum claims and the death of their mother, the family
pointed to a Supreme Court ruling that says a case is not
rendered moot when a live issue or controvery remains.

In the early 1980s, McAllister became involved in the Irish
National Liberation Army, a splinter group of the Irish
Republican Army. He served time in prison for acting as an
armed lookout in the shooting of a police officer and for
conspiring to shoot another officer.

After his release from prison, his home was raked with
gunfire and his wife was thrown out of a moving vehicle
while she was pregnant, his lawyers said in petitioning the
Supreme Court for review.

The case is McAllister v. attorney general of the United
States, 06-385.

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