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James Kelly

Released
Full name:James Michael Kelly
Era:1980s
State:New York
Time Imprisoned:
0 months
Support
Irish Republican Army
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Biography

James Kelly was a Canadian resident detained in the United States in proceedings involving assistance to Irish nationalists crossing the border.

Identified detention record and release precision

The original Gilroy v. Ferro opinion identifies Kelly among the Canadian-resident petitioners taken into immigration custody on February 6, 1982. Its February 19 decision orders a future February 22 bond hearing, not an actual discharge that day. The February 1982 release field has MONTH precision; its first-day storage placeholder must not be read as February 1 or as an endpoint preceding arrest. Original detention opinion.

The Ontario Labour Relations Board's record reproduces the February 9 federal complaint naming JAMES MICHAEL KELLY, and a contemporary February 22 Toronto Sun report says Kelly and the other Canadian residents had returned after posting bail. This supports the full-name alias and February release month, but not an exact discharge day. A later UPI report gives February 16 as the initial custody date; the contemporaneous court account instead documents February 6 and distinguishes the February 16 proceedings. No exact release day or uninterrupted custody through the later sentence is inferred. Original labour-board record and reproduced exhibits; Later UPI report.

Case

Charges: Immigration detention and conspiracy to bring aliens unlawfully into the United States
Arrested: Feb 6, 1982
Sentenced: Mar 28, 1983
Incarcerated: Feb 6, 1982
Released: February 1982
Sentence: Returned to Canada on bail in February 1982. Sentenced March 28, 1983 to time already served, with permanent exclusion. No continuous detention through sentencing is asserted.
Judge: John Elfvin