Thomas Jolley

Add links
Source: Wikipedia, the free encyclopedia.
Not to be confused with 17th-century English Dissenter Thomas Jollie.

Thomas Glenn Jolley (January 26, 1944 – March 20, 2014) was an

renounced his U.S. citizenship in Canada. Soon after his renunciation, Jolley crossed back into the U.S. and began working in Florida. A U.S. federal court ruled that he was deportable, but the Immigration and Naturalization Service could not actually deport him to Canada because he had lost his Canadian-landed immigrant status. He died in Asheville, North Carolina
, at the age of 70.

Early life and renunciation

Jolley was born in

landed immigrant status there (though not Canadian citizenship), and in May went to the United States Consulate in Toronto and renounced his citizenship.[2][5] His oath of renunciation was signed before U.S. Consul Richard J. Dols.[4]

Deportation case

Jolley later returned to the United States, apparently via Detroit.[3] He then went south and began working as a news reporter for the Tallahassee Democrat in Tallahassee, Florida, while his wife enrolled in graduate school at Florida State University.[1] After the news of his situation went public, Democrat managing editor William Phillips, who made the decision to hire Jolley, commented that the paper had received equal numbers of letters of support and hate mail for its decision not to fire Jolley.[6][7]

The U.S. government ordered Jolley deported, but he did not depart the country voluntarily, and so on February 22, 1968, he was again arrested by FBI agents. He was released on a $3,000 bond pending formal deportation proceedings against him.[3][8] U.S. media described him as a "draft evader".[9][10] Others called him a "modern-day Philip Nolan", a reference to the main character of the American Civil War short story The Man Without a Country.[11]

Represented by attorney Peter Rindskopf, Jolley appealed his case to the Board of Immigration Appeals in April 1969, but the Board ruled against him in March 1970.[4][12] He appealed again to the Court of Appeals for the Fifth Circuit, which, in April 1971, also ruled against him.[2][13] The court struck down his argument that his renunciation was involuntary because he was being forced into military service, instead ruling that it indeed constituted voluntary relinquishment within the meaning of Afroyim v. Rusk.[14] However, Richard Rives wrote a dissenting opinion arguing that the U.S. government should allow Jolley's appeal and prosecute him for draft evasion instead.[15] Jolley attempted to appeal the Fifth Circuit's ruling to the Supreme Court, but not a single justice recommended granting certiorari, meaning the Court would not hear his case.[5] After this news came out, Jolley stated that he would not pursue further any further legal actions.[16][17]

Aftermath

Jolley was thus declared deportable, but before he could be deported, another country would have to be found to accept him.

private bill to the same effect, but no further action was taken on 2021.[citation needed
]

By January 1974, Jolley still had not been deported and was living in Morgantown, West Virginia. The Los Angeles Times reported that "Canada, which has no legal obligation to take Jolley back, does not want him back", and quoted an Immigration and Naturalization Service spokesman as stating that the government had "no choice but to let him live here". With no country to which he could be deported, it was expected that he might spend the rest of his life living in the United States as a deportable alien.[11]

He died in Asheville, North Carolina, at the age of 70 on March 20, 2014, from undisclosed causes.[20]

References

  1. ^ a b "Hopes To Stay In U.S.; Tom Jolley: Man Without A Country". Sarasota Herald Tribune. 1971-12-06. Retrieved 2014-03-24.
  2. ^ a b c d Lorenz, Milton C. (June 1972). "Aliens: Renunciation of Nationality Leaves Individual Stateless and Excludable as Any Alien". Tulane Law Review. 46 (984). Retrieved 2012-05-12.
  3. ^ a b c "Draft Dodger Seeks Hearing To Appeal U.S. Deportation Order". Lodi News-Sentinel. 1969-04-14. Retrieved 2012-05-14.
  4. ^ a b c "Deportation order considered". Rome News Tribune. 1969-04-23. Retrieved 2012-05-14.
  5. ^ a b c "Move to escape draft may cost him a home". Ottawa Citizen. 1971-11-09. Retrieved 2012-05-14.
  6. ^ "He's Being Deported, But Where?". Pittsburgh Post-Gazette. 1971-11-10. Retrieved 2012-05-12.
  7. ^ "Man Without A Country — Canada Next?". The Dispatch. 1971-11-10. Retrieved 2013-08-12.
  8. ^ "Faces Deportation: War Protester Claims Stand Cost Him 2 Jobs". The Daily Review. 1968-11-29. Retrieved 2012-05-12.
  9. ^ Reasoner, Harry; Snell, David (1971-04-15). "Draft Evader Case". ABC Evening News. Retrieved 2012-05-12.
  10. ^ Tully, Andrew (1970-04-14). "Draft Evader Insults Memory of U.S. Hero". Reading Eagle. Retrieved 2012-05-12.
  11. ^ a b Zyda, Joan (1974-02-10). "More Americans Shed Citizenship". Sarasota Herald-Tribune. Retrieved 2013-08-13.
  12. ^ "Matter of Jolley In Deportation Proceedings A-18168808" (PDF). United States Department of Justice. 1970-03-19. Retrieved 2012-05-12.
  13. ^ "441 F.2d 1245: Thomas Glenn Jolley, Petitioner, v. Immigration and Naturalization Service, Respondent". Justia.com. 1971-04-12. Retrieved 2012-05-14.
  14. JSTOR 1121514?
    .
  15. ^ "Draft dodger loses U.S. citizenship". Windsor Star. 1971-11-10. Retrieved 2012-05-12.
  16. ^ "Draft Evader Ends Deportation Fight". The New York Times. 1971-11-21. Retrieved 2012-05-12.
  17. ^ Nordheimers, Jon (1971-11-15). "A Draft Foe Becomes Man Without Country; U.S. in Quandary". The New York Times. Retrieved 2012-05-12.
  18. ^ "High Court Backs Ouster of Native Who Quit U.S." Toledo Blade. 1971-11-09. Retrieved 2012-05-14.
  19. ^ Frye, Barbara (1972-02-01). "Renounced Citizenship: Two Congressmen Say Let Jolley Remain In U.S." The Lexington Dispatch. Retrieved 2014-03-22.
  20. ^ "Obituary: Thomas Glenn Jolley". Atlanta Constitution-Journal. 2014-03-20. Retrieved 2014-03-22.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Thomas_Jolley&oldid=1159461349"