LOTFAP strikes again.

[drron]

Couldnt have happened to a nicer person :shock:.Then again maybe he should have read AFF-
United States rejects Carey | The Courier-Mail
"
WAYNE Carey has been kicked out of the US and sent packing back to Australia. He did not get out of Los Angeles airport where immigration turned him away.
The disgraced former North Melbourne football star was flown home this weekend on a Qantas flight after his holiday plans were cancelled."

 

[Mal]

What a buffoon ! Then again, he is probably following the stupid advice of his lawyer, who commented in the same article that the US basically wouldn't care about his offence.

 

[straitman]

Not really any other comments needed.

Well done Mal,

Buffoon is quite a polite term to use for Carey. :shock:

 

[chrisb]

He has two separate incidents of attacking police - good call on the part of US Immigration. I wouldn't want to be near him when he gets drunk in Vegas.

 

[medhead]

Can't help but feel Wayne's brother, Kevin "****" Carey, has been misnamed by comparison to Wayne.

 

[NM]

Wayne Carey's US ban 'ridiculous' - lawyer

From news.com.au:

THE decision to ban Wayne Carey from entering the US was ridiculous and absurd, the former AFL star's high-profile American lawyer said.

...

Last year Carey, under the guidance of Mr Sharpstein, agreed to plead guilty to two felony counts of battery on a law enforcement officer and one of resisting an officer.

He was sentenced to 50 hours community service in Australia, alcohol and anger management counselling and two years' probation.

Mr Sharpstein said that when immigration officials looked at Carey's criminal record it should not have raised red flags.

If Mr Carey was turned away at LAX, it would appear he was trying to enter using the Visa Waiver Program. I would expect that a US lawyer should know to advise him that he would no longer be eligible for entry to the USA under the Visa Waiver Program and that he would need to apply for a visitors visa (such as B2) before heading to the USA.

Anyone who has read the Visa Waiver I94W form would know that someone with a record such as Mr Carey is not eligible to use the Visa Waiver Program. While he may have pleaded guilty to a felony charges, I expect his original arrest would have been for a more serious charge. The VWP questionnaire asks "Have you ever been arrested or convicted ...". So his conviction may not have been for a crime of moral turpitude, but I expect his original arrest may have been (likely Assault of a Police Officer). It it was, his arrest is enough to disqualify him from the VWP and require him to apply for a Visa to enter the USA.

plead guilty to two felony counts ...

seems the offence was classified as a felony

He was sentenced to ...

a sentence is usually the result of a conviction

He is not a convicted felon

hmm, to my non-lawyer interpretation, that would seem a difficult argument to defend.

And eligibility to use the VWP is not solely based on whether one is a convicted felon or not. Just being arrested for a crime of moral turpitude is sufficient to require the traveller to contact the American Embassy BEFORE travel to the US.

These rules apply equally to everyone.

 

[medhead]

Re: Wayne Carey's US ban 'ridiculous' - lawyer

a sentence is usually the result of a conviction

Another non-lawyer example/opinion, but I've been sentenced (to pay a fine) but not been convicted (or had a conviction recorded).

Of course, the guy after me who did the same thing was convicted and given the same fine. Ohh and we did nothing anywhere as serious as assualt police.