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ICE Officials Move To Deport Scottish Vietnam Vet

Posted: 7:41 pm PDT October 8, 2009

Immigration officials are in the process of deporting a Bay Area war veteran, but before they do, the man's friends are trying to rally support.

Immigration officials confirmed that Roger Simmie is in custody at the Santa Clara County Jail. His friends told KTVU he is a Vietnam War vet. They don't believe he should be deported.

Friends said they know roger Simmie as a 62-year-old motorbike fan who often told stories about serving two tours with the Marine Corps in Vietnam.

They said they were stunned to hear that the Mountain View man has been in the Santa Clara County Jail since his arrest last Thursday by immigration and customs enforcement agents.

“It was a total shock, first of all,” said Dennis Kobza, Jr. “And I couldn't believe that our country would deport a U.S. serviceman who was honorably discharged."

Kobza said his friend has lived in the state for 40 years, but declined U.S. citizenship for family reasons.

"That's what Roger had said; that he wanted to stay a Scotsman to honor his father,” said Kobza. “Somewhere along the way, he must have missed some paperwork."

Now, Simmie is facing deportation to Scotland. Ice officials said Thursday they cannot discuss Simmie's case due to privacy laws.

Friends admit Simmie's case is not clear cut. They say Simmie apparently has a criminal record with prior felony convictions including DUI and assault on an officer.

Immigration law experts said this case is not uncommon.

"A lawful permanent resident, a green card holder who has lived in this country for almost his whole life who might have come here as a small child, can still be placed in deportation proceedings based on criminal convictions," explained Jayashri Srikantiah, an Associate Professor at Stanford University Law School and the Director of the school’s Immigration Law Center.

Srikantiah also said military service does not always carry weight.

"It comes as a surprise to the public often that somebody who has service to the military who's been in the country for almost their whole lives can still be deported,” said Srikantiah.

Friends said they are raising money to hire an attorney for Simmie.

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