Subramanyam "Subu" Vedam, the State College man whose conviction for first-degree murder was overturned after he spent more than 40 years in prison, has been transferred out of the Moshannon Valley Processing Center, to the Alexandria Staging Facility in Louisiana, and now to El Paso, Texas in preparation for deportation.
A federal judge ordered a temporary block to Vedam's deportation to give his lawyers more time to argue his case.
Ava Benach, Vedam's immigration lawyer, said that stay lasts until Nov. 7. Separately, the Board of Immigration Appeals issued a stay banning Vedam’s deportation until it rules on the October 3 request to reopen the case.
On the day Immigration and Customs Enforcement officials detained Vedam, his lawyers asked the Board of Immigration Appeals to reopen the case. Vedam was arrested on a detainer issued in 1988, which included charges for murder and pleading no contest to possession of LSD with intent to sell.
Vedam's lawyers argue that deportation order should be waived since Vedam already spent more than 40 years in prison, showed good conduct and had his murder conviction overturned.
"This is a man who has been unjustly convicted and imprisoned for 43 years for a crime he didn't commit," Benach said.
An ICE spokesperson previously said Vedam is a career criminal and a convicted drug trafficker.
Vedam could spend several more months in custody before the Board of Immigration Appeals decides whether to reopen the case. ICE officials said the clock ran out years ago.
“He has provided no evidence nor argument to show he has been diligent in pursuing his rights as it pertains to his immigration status,” Katherine B. Frisch, an assistant chief counsel, wrote.
The Associated Press contributed to this report.