Pardon Grant Removes Grounds for Deportation
Governor Andrew Cuomo today issued a pardon to Carlos Cardona of Queens who was convicted of a non-violent crime in 1990.
As
a result of changes to federal immigration enforcement policy, Mr.
Cardona has been detained since February, after appearing for a routine
U.S. Immigration and Customs Enforcement appointment. He has been held
in Hudson Correctional Facility in Kearny, NJ and recently applied for
clemency in New York. With this pardon, Mr. Cardona and his attorney
would be able to reopen the Final Order of Removal showing that the
grounds for deportation are no longer valid.
"In
the more than 30-years since Carlos Cardona has lived in this country,
he has built a family and given back to his community, including in the
aftermath of 9/11 when he assisted with Ground Zero recovery efforts at
the expense of his own health," Governor Cuomo said. "It is my hope this
action will not only reunite Mr. Cardona with his wife and daughter,
but also send a message about the values of fairness and equality that
New York was founded upon."
In
1986, Cardona immigrated to the U.S., fleeing local violence in
Santiago de Cali, Colombia, where his brother served as a police officer
and his family faced threats from local gangs for their involvement in
law enforcement and local business. At 21-years-old, Carlos Cardona was
convicted of attempted criminal sale of a controlled substance in Queens
County on August 30, 1990. Cardona, now 48, has lived crime-free for
the past 27 years.
A
civic-minded New Yorker, Cardona worked as a cleanup and hazmat
recovery worker rehabilitating Ground Zero after the 9/11 attacks on the
World Trade Center. He spent four months removing hazardous material
from the wreckage, in order to make a safer space for other recovery
workers and neighbors of the disaster site. He went on to marry an
American citizen who is also a former Ground Zero recovery worker.
Cardona’s 19-year old daughter is currently in college working toward
earning a degree to teach elementary students.
As
a result of Cardona’s work on Ground Zero, he suffers from acute
respiratory issues, depression, anxiety, and PTSD. Without receiving
this clemency, Cardona’s health issues would not be adequately addressed
in his home country of Colombia.
Jose
Calderon, President of the Hispanic Federation, said, "I commend
Governor Cuomo for this act of compassion for a New Yorker who
sacrificed his health, in service to others at Ground Zero after the
9/11. Mr. Cardona has given back so much and conclusively turned his
life around. With this pardon, Mr. Cardona will be able to make his case
to stay in this country with his family, and continue to receive care
for his serious medical conditions."
JoAnne
Page, President and CEO of the Fortune Society, said, "I want to
applaud Governor Cuomo for pardoning Mr. Cardona. I am a child of
immigrants, born in a country built by immigrants who have made America
great over and over again. In my 28 years as CEO of the Fortune Society,
I have seen thousands of people with criminal justice become pillars of
strength in their communities and families. Mr. Cardona has lived a
law-abiding life for almost 30 years. He was a recovery worker after
9/11 and risked his own life to save those of New Yorkers whom he did
not even know. His deportation would be a tragic loss to his family and
to New York State. In issuing a pardon to Mr. Cardona, Governor Cuomo
demonstrates both compassion and courageous leadership."
Joanne
Macri, Chair of the Immigration Committee of the New York State Bar
Association, said, "I applaud Governor Cuomo for choosing to grant a
pardon in this case. His act supports Mr. Cardona’s efforts to remain in
New York, alongside his wife and children, in the community which has
served as his home for more than 30 years, and with access to
life-saving healthcare not available in Colombia. This pardon grants
mercy to a deserving New Yorker with no other means of relief from the
life-altering consequences of a criminal conviction that has followed
him for 27 years."
Under
the New York Constitution and State law, the Governor has the authority
to grant commutations and pardons. The Governor has pardoned 115
individuals since taking office in 2011. The Governor's Executive
Clemency Review Team continues to actively review pending applications
for clemency.
These
actions continue the Governor’s efforts to break down barriers for
people with criminal convictions, which includes his creation of a
Council on Community Re-Entry and Reintegration to alleviate barriers
for those who have criminal convictions. In 2016, the Governor accepted
recommendations from the Council for executive actions, which include
requiring the Board of Parole to account for an inmate’s current risk to
public safety when making a release decision, and prohibiting insurance
companies from denying coverage to businesses seeking to hire formerly
incarcerated New Yorkers.
Individuals
interested in applying for clemency should visit Governor Cuomo’s
clemency website at www.ny.gov/clemency. The website is a central
resource for those seeking to learn more about clemency, eligibility
requirements, and the application process, including submitting
application materials electronically. Family members and friends of
individuals serving prison sentences are encouraged to visit the website
and apply for clemency on behalf of their family member or friend.
Source: Press Office, Governor Andrew M. Cuomo
