Army Veteran Deported Despite Pending Appeal: 'He Served This Country'

Immigration officials deported U.S. Army veteran Godfrey Wade to Jamaica while his appeal was still pending. His attorney said the federal government retains the authority to bring him back.

Wade, a lawful permanent resident who lived in the United States for more than 50 years, was deported earlier this month after an immigration judge denied his motion to reopen a removal order that had been entered in absentia years ago.

His attorney, Tony Kozycki, told Military.com that the case is now before the Board of Immigration Appeals and that the Department of Homeland Security can allow Wade to return while the appeal is reviewed.

The government has the ability to bring him back. Give this veteran one day in court. - Tony Kozycki to Military.com. 

Congressional offices from both parties have contacted DHS seeking information and intervention, raising broader questions about notice procedures, due process, and how immigration enforcement applies to military veterans.

Military.com reached out to DHS and U.S. Immigration and Customs Enforcement for comment on Wade’s removal and enforcement policy.

Kozycki said the immigration judge spent less than two minutes addressing the motion.

“The only time that has been spent on Godfrey Wade’s case looking at the merits of it is a minute and 47 seconds,” Kozycki said, adding that the judge “never even acknowledged that four different returned envelopes were in the record file stamped from the court showing that the notices that were sent to his address were returned as undeliverable.”

'He Fought for This Country'

Wade’s fiancée said the deportation shattered plans they had been building together.

He fought for this country. He served. He did what he was supposed to do. And now he’s not even here. - Wade's fiancée to Military.com

She said federal officers placed Wade in shackles before transporting him for removal.

“I never thought I’d see the day where someone who wore the uniform would be treated like that,” she said. “It doesn’t feel right. It just doesn’t.”

Now the couple communicates across international phone lines.

“He’s sick, he's stressed, he’s scared,” she said. “We’re trying to figure out what happens next, and we’re doing it from two different countries.”

She said she worries about his health and access to consistent medical care in Jamaica. Veterans who leave the country can still qualify for certain VA health care coverage overseas through the Foreign Medical Program, and some can still use education benefits abroad, depending on eligibility and location.

Removal Order and Notice Dispute

Kozycki said he first learned about Wade’s case after reading about it in Military.com.

“I saw the coverage in Military.com and reached out,” Kozycki told Military.com. “Once I reviewed the file, I had immediate concerns about notice and due process.”

Wade had been ordered removed in absentia, meaning an immigration judge entered the deportation order years earlier after he did not appear in court. Kozycki said the appeal centers on whether Wade ever received proper notice of that hearing.

“If someone doesn’t get proper notice, they don’t get their day in court,” Kozycki said. “That’s a fundamental due process issue.”

Kozycki filed a motion to reopen the case based on what he described as serious notice defects. The immigration judge denied the motion, causing Kozycki to appeal.

“We filed a motion to reopen based on serious notice issues,” he said.

Despite the pending appeal, Wade was deported.

“The fact that he was deported while we have an appeal pending is deeply troubling,” Kozycki said. “There is nothing preventing the government from allowing him to return while the case is adjudicated.”

Criminal Conviction Underlies Removal

Wade’s removal stems from a prior conviction that made him deportable under federal immigration law, according to his attorney.

Kozycki said Wade was convicted years ago after writing a bad check.

“He wrote a bad check,” Kozycki told Military.com. “He was convicted, he served his sentence. This appeal is not about relitigating that conviction.”

Kozycki said the appeal does not challenge the underlying criminal case. Rather, it focuses on whether Wade received proper notice of immigration proceedings that ultimately resulted in a removal order entered in absentia.

This is about notice and due process. Even someone with a conviction is entitled to proper notice and a fair opportunity to appear.

Federal officials often describe enforcement priorities as focused on people with criminal histories. Past Military.com reporting has referenced a 1996 law expanding the government’s ability to remove lawful permanent residents, including veterans, after certain convictions. Advocates have long argued that deportation can function as a second punishment that severs families and medical care.

When asked by Military.com whether Wade fits the “worst-of-the-worst” framing, Kozycki rejected the characterization. 

“No,” he said. “That phrase doesn’t apply here. Due process applies to everyone.”

Wade’s fiancée acknowledged his criminal history but added that she believes he has paid for his past.

“He made mistakes years ago,” she told Military.com. “He served his time. He served this country too.”

Return to US Still Legally Possible

The Board of Immigration Appeals can reverse the ruling, send it back to immigration court. Or, it can affirm the denial of Wade’s motion to reopen.

If the appeal succeeds, the case could return to immigration court for further proceedings. If the board affirms the denial, the removal order would remain in place unless DHS exercises discretionary authority.

“The government has the power to fix this,” Kozycki said. “They can facilitate his return while the appeal is pending. That is entirely within their authority. ... The appeal is pending. The case is not over."

Wade’s fiancée said the legal fight feels distant compared to daily separation.

“We just want him home,” she said. “We want him treated fairly.”