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Click Here 44 °F Forecast | Road Cams Thursday, March 4, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA Newspaper in Education Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find a Rental Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Email Story to a Friend February 13, 2004 Rein gets court date in deportation fight By PAUL FATTIG Mail Tribune PORTLAND — A Williams woman facing deportation to her native Norway because of a 1993 marijuana conviction in Oregon will get her day in court on May 27. Kari Rein, 42, will be allowed then to make her case that the drug possession conviction does not merit losing her right to live in the United States, Judge Michael Bennett, with the Bureau of Immigration and Customs Enforcement, ruled Thursday during a hearing in Portland. That means Rein will be given the opportunity to argue her case for an immigration service pardon, said James Jungwirth, Rein’s husband. "He (the judge) is giving us a chance," Jungwirth said. "We believe in our case, that we have a lot going for us. This is a big encouragement for us. He seemed sympathetic." Both Rein and her husband, an American citizen, were convicted in the 1993 case. They were each given three years of probation, required to perform 240 hours of community service and paid a $1,200 fine. Advertisement The couple, who both say growing the illegal drug was a mistake, thought the incident was far behind them until they were returning home from two weeks in Norway on Dec. 30. Rein was arrested by customs officials at Sea-Tac airport near Seattle after a computer check flagged her green card. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, immigrants arrested for minor drug offenses, even those which occurred before Congress passed the law, can be deported, according to the immigration service. Although the law has been on the books since 1996, it was after the Sept. 11, 2001, terrorist attacks that officials began running green cards through the law enforcement database. Rein’s husband and their two children, both born in Southern Oregon, came home without her. She was handcuffed and shackled and taken to Columbia County Jail in St. Helens before she was allowed to be bailed out. The case is not tied to the Patriot Act as some media reports have indicated, Bennett said, according to the Associated Press. "This is not a national security case. It’s a perfectly ordinary case," he said of her conviction for possession of six marijuana plants. At issue is whether Rein’s conviction counts as an "aggravated felony" as defined for the purpose of an immigration hearing, he said. The San Francisco-based 9th U.S. Circuit Court of Appeals, whose jurisdiction includes Oregon, recently ruled that possession of small amounts of marijuana is not an aggravated felony. Portland attorney David Shomloo, who represents Rein, believes that growing six plants for personal use is too minor of an infraction to warrant deportation. But prosecuting attorney Margaret Rosenat disagreed. "It does still appear to be a trafficking offense on its face," Rosenat said during Thursday’s hearing. But agency officials agreed the 1996 law allows for a trial before an immigration judge to seek a permanent pardon for the earlier crime. Rein filed an application request for a pardon from the judge on Thursday, Jungwirth said. However, she also plans to ask Oregon Gov. Ted Kulongoski for a pardon before the May 27 court date, he said, noting the governor’s pardon would strengthen their case at the federal level. Meanwhile, the family, which borrowed Rein’s $15,000 bail, has accrued legal fees topping $26,000, he said. A fund-raiser by friends and supporters held Saturday at the Provolt Grange hall brought in nearly $4,000 to help pay legal bills, he noted. "Our hope and prayer is that the attention that has been brought to Kari’s case will make it so other people won’t have to go through what we have," he said. "We’re hoping that something good will come out of this, that the laws will be changed." The couple own and operate Naturespirit Herbs, a mail-order business harvesting native herbs as well edible and medicinal seaweeds. They have lived in Williams since 1988. Reach reporter Paul Fattig at 776-4496 or e-mail him at [email protected] The Associated Press contributed to this report. 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