Legal team seeks pardon from N.Y. governor for Hawaii Army veteran forced to self-deport | Honolulu Star-Advertiser

Lawyers representing a Hawaii Army veteran and Purple Heart recipient who was deported to South Korea last year are appealing to New York Gov. Kathy Hochul to pardon him for convictions for illegal drug possession and bail jumping in her state from nearly two decades ago.

Sae Joon Park, 55, had lived in the U.S. since he legally immigrated with his family at age 7 and was later seriously wounded during a firefight while serving as a U.S. Army infantryman in Panama. After his military service, he struggled with untreated post-traumatic stress disorder and self-medicated with drugs.

Looking for a new start, Park moved to Hawaii after his family’s store burned in the 1992 Los Angeles riots, but he continued to struggle with untreated PTSD and addiction, ultimately leading to his arrest and conviction in Queens, N.Y., for buying crack cocaine.

Last month, the Refugee & Immigration Law Clinic at University of Hawaii’s William S. Richardson School of Law submitted a formal pardon application to Hochul on Park’s behalf.

“This pardon application is about redemption,” said attorney Danicole Ramos in a statement. “We believe Mr. Park has demonstrated a crime free life since those New York convictions. He has been an outstanding father to his children and an active caretaker for his elderly mother. We urge Gov. Hochul to pardon Mr. Park. A pardon will recognize that people are more than the worst moments of their lives.”

In particular, his legal team is focusing on the bail-jumping conviction, which is classified under federal immigration law as an “aggravated felony.” In cases involving aggravated felonies, immigration judges are prevented from considering mitigating factors such as military service, family or rehabilitation.

Immigration officials issued Park a removal order after his release from prison but ultimately allowed him to stay in the country as long as he attended regular check-ins with federal agents. His clean military service record and good behavior in prison had made him a low priority for deportation. After returning to Hawaii, he raised his now-adult children and was working at the Aloha Kia auto dealership.

But last year, Park received an ultimatum from federal officials in New York while doing his annual check-in: either get his affairs in order and “self- deport” within a month or be detained on the spot. He chose the latter, and on June 23 he boarded a plane at Daniel K. Inouye International Airport with his family tearfully bidding him goodbye as he departed for South Korea, where he has been ever since.

Under the terms of the deportation, Park is barred from returning to the U.S. for at least a decade. He worries that he won’t get the chance to see his children marry and won’t be around to take care of his ailing mother, who lives in Hawaii and is suffering from dementia.

In a media release, his legal team said “a full and unconditional gubernatorial pardon can remove the immigration consequences of certain convictions, including aggravated felonies. A pardon may eliminate the conviction as a basis for deportation and allow an individual to seek reopening of their removal order.”

Park’s case has been particularly high profile, attracting attention from national news media and lawmakers.

Soon after he left for South Korea, the Department of Homeland Security said it stood by its decision to target Park, citing what it called his “extensive criminal history,” which also includes a misdemeanor conviction for illegal firearm possession when he was living in L.A. before his Army service, and a misdemeanor assault stemming from a fight in Hawaii while he was still addicted to crack.

However, during a December congressional hearing on the Trump administration’s immigration policy, Homeland Security Secretary Kristi Noem was grilled about U.S. citizens and military veterans caught up in the massive nationwide crackdown on immigrants. When questioned by U.S. Rep. Seth Magaziner, D-R.I., she said: “Sir, we have not deported U.S. citizens or military veterans.”

A congressional aide then held up a tablet device showing Park tuning in live from Seoul over a Zoom connection. Magaziner argued that Park had “sacrificed more for this country than most people ever have,” and asked Noem if she would investigate Park’s case, to which Noem pledged she would “absolutely look at his case.”

That evening, footage of the exchange appeared on ABC’s “Jimmy Kimmel Live!” After airing the clip, Kimmel said: “Is anyone OK with this? Seriously, all kidding aside, we deported a veteran with a Purple Heart?”

It’s unclear how many U.S. military veterans have been deported. Lawmakers have been debating the issue since well before Trump’s first presidency. Today, as much as 5% of people serving in the military are noncitizens. Though most are eligible for citizenship, advocates argue many are not properly informed about how to become naturalized during or after their service.

“I am deeply grateful for the overwhelming support I have received since my deportation,” Park said in a statement. “Knowing that so many people continue to stand with me has given me strength during the hardest period of my life. I am especially thankful for my legal team for working hard every day for the chance to come home.”

Park’s legal team said it “continues to pursue multiple avenues to support Mr. Park’s return.”

In June, Ramos submitted a request to the Queens County District Attorney’s Office to allow Park to re-plead his bail-jumping conviction from a felony to a misdemeanor. The team is still pursuing that as another potential avenue to reopen his immigration case.