Thai Woman's Deportation Order Lifted

[Jacob Maslow]

Komdown "Dow" Byer Wins 3 Year Battle Against Deportation from the United States

A Thai woman seemingly headed for deportation after being convicted of larceny from the pizza restaurant where she worked can stay in the US after her immigration case was dismissed.

Boyer, who moved to the US as a child after her mother married an American soldier, was convicted in 2013 of stealing funds from the restaurant where she'd worked for a decade. She was sentenced to probation and ordered to pay about $51,000 in restitution.

Officials with Immigration and Customs Enforcement arrested her in March 2014 and said she'd be deported for the offense. However, an hour before her plane was to take off in June, a last-minute order came in that she would be freed pending further investigation.

Boyer's problems began when she started skimming cash to pay medical bills after her husband's legs were crushed in a work-related accident. The theft was discovered and charges filed in 2012.

Boyer confessed to the crime immediately and agreed to reimburse the money she took. It was during court proceedings that she discovered she wasn't a US citizen as she'd believed. She also learned that the charges and guilty plea would result in her possibly being deported to Thailand where she was born, but had not visited since age nine.

Her solicitor, Javad Khazaeli, filed a combined motion with the prosecution to set aside the judgment and conviction and withdraw the guilty plea. The order setting aside the guilty plea was approved in December, allowing an immigration judge to dismiss her case.

"She is once again a lawful permanent resident, a status she has had for the last 30-plus years," Mr Khazaeli said.

Boyer's husband, Justin, said the ruling came as a huge relief.

"I feel like I can make plans for my family's future and I haven't been able to do that for quite some time," he said.

-- 2015-03-13

[doremifasol]

Even though I do not condone stealing, I love that this is a happy ending story.

I wish her and her husband the best.

[realenglish1]

That would not be the outcome if if the show was on the other foot. Farang in Thailand doing the same.

[Berkshire]

This statement is a tad perplexing: "Boyer's problems began when she started skimming cash to pay medical bills after her husband's legs were crushed in a work-related accident."

I would think injuries from a work-related accident would be covered, not only by worker's comp but all manners of worker's medical insurance. Odd.

[Neeranam]

Not worthy of any of the "news forums", I see.

[Srikcir]

This case ended with a positive outcome for the Thai woman. She got good counsel and it appears no government official was set on any personal vendetta or discrimination.

Maybe she can get some review of her husband's job injuries for further medical relief. There may be much more to that story but out of context to the published story.

[gandalf12]

And what about the Pizza company that hired her? If she is not a US national she wouldnt have a US ID card or insurance number, so why did they hire her and how about fining them? (Maybe it isnt the American way to discipline their own)

[samran]

And what about the Pizza company that hired her? If she is not a US national she wouldnt have a US ID card or insurance number, so why did they hire her and how about fining them? (Maybe it isnt the American way to discipline their own)

you may have missed the line in the article:

""She is once again a lawful permanent resident, a status she has had for the last 30-plus years,"

The 'once again' bit might tip you off that she was a lawful PR when all this started.

[Trembly]

Yet another case of someone blithely assuming that immigration laws would go like this or like that, according to their own reasoning.

Glad that it ended well though.

[krisb]

So in the US there's no medical help for free even in a workplace accident?

[kowpot]

Her husband might have been self employed and carried no insurance. He would not be eligible for Workers Compensation if he was self employed.

Just saying...........................

[RKASA]

Does have some holes in the story for sure. She should have applied for citizenship long ago but didn't - if she got a green card as child she would have had an SSA number so no need for work permit and she may have vary well assumed she was a us cit all that time, it can happen.

She was to have reported every ten years, but many don't and forget. or at least my wife had to until she became a cit herself. PR and green card can be taken away for crimes and cause deportation, but depends on the crime - when you have so many that have done time for murder that still roam the US what is the point of deporting someones wife and mother over some money.

"Workers Compensation if he was self employed" true some try and do it on the cheap to save some money without insurance.

If I stole 51,000 even to cover med bills for my wife - I would be sleeping with bubba and have a nik name like sweet lips for the next 10 years.

I would be bagging for deportation.

[gchurch259]

This statement is a tad perplexing: "Boyer's problems began when she started skimming cash to pay medical bills after her husband's legs were crushed in a work-related accident."

I would think injuries from a work-related accident would be covered, not only by worker's comp but all manners of worker's medical insurance. Odd.

If the employer was negligent there should be a civil suit as well, Why aren't they drawing the Welfare the US is getting famous for ?? Oh, poor me he must have voted Republican !!

[MiclB]

The whole "seems" to be a happy ending, no news story. But, after a second thought its more full of holes than a block of fine Swiss cheese.

[NeverSure]

I don't understand this. $51,000 isn't a petty crime, yet the article says the prosecution joined with the defense in motioning for a withdrawal of the guilty plea. The judge dismissed the conviction and case. Once the prosecution dismisses a case she can't be tried again due to prohibition of double jeopardy.

Krisb, yes there would be worker's compensation if he was employed. Even if the employer didn't pay it he would get paid and the state would go after the employer. If he was self employed it would be up to him to have insurance - loss of income and medical bills. Maybe the latter was the case and he didn't have it.

It sounds like these two weren't real sharp about immigration, insurance and keeping the hand out of the till. Just a hunch.

Their future is ruined for quite a while because her employer will get a civil judgement for that chunk of money and be able to attach future paychecks, bank accounts and many other things they may have for about ten years, depending on the state's laws.

[Beetlejuice]

That would not be the outcome if if the show was on the other foot. Farang in Thailand doing the same.

Given star billing in the Thai visa news section, full photo, head down in shame with restaurant owner and proud grinning police pointing their accusing fingers at him.

Do not pass go, do not collect a get out of jail free card, go directly to jail or pay 1 million baht compensation to the restaurant owner, at least one week before his visa is revoked and deported.