40-YEAR RESIDENT OF U.S. MAY BE DEPORTED OVER MINOR DRUG CHARGE

A marijuana posession charge and a distant troubled past has the
federal government looking to deport a Missoula resident and German
immigrant who has lived in the United States for more than 40 years.

Volker Kirstein, who came to the United States with his immigrant
parents in 1963, was detained by the Department of Homeland Security's
Office of Immigration and Customs Enforcement in Helena Tuesday,
pending the outcome of his deportation hearing, which could last for
weeks.

The agency declined to say where Kirstein was being held. But his
attorney, Deborah Smith, confirmed that the man was being held in the
Jefferson County Jail, leaving his wife, Julie Scott, and his
11-year-old son, Conner, worried over the fate of the family.

"All I know is that the government wants to take my dad to prison,"
said Conner, staring at the walls of the attorney's office Tuesday.

"I feel like leaving my country," said Julie.

Smith is accusing the government of "bootstrapping a marijuana charge
into a drug trafficking offense" for the sake of deporting Kirstein
from the country.

She admitted that her client didn't have a perfect past. But she added
that was a long time ago and he's made up for it since by becoming a
community volunteer, father and husband.

Kirstein's trouble's started in 1979 when he was arrested and
convicted for attempting to commit armed robbery. He was given a
suspended sentence of five years and placed on probation, but he was
not deported.

In 1983, Kirstein was arrested again, this time for the sale of LSD.
He pleaded guilty in California and was given a suspended sentence of
five years. Again, he was not deported.

But when Kirstein was arrested in 1998 for the possession of
marijuana, his past would come back to haunt him. The Missoula Police
Department reported him to the then-Immigration and Naturalization
Service which began deportation hearings.

During the hearings, Smith said, the immigration judge found Kirstein
deportable on two counts, one for the 1979 armed robbery conviction
and the second on the 1998 drug conviction.

Smith argues that Kirstein's 1983 arrest for LSD wasn't a deportable
offense on its own due to existing laws at the time. But when coupled
with his last arrest, the judge viewed the marijuana possession as an
aggravated felony for deportation purposes, even though it was a
simple misdemeanor on its own.

"Oddly, the thing that is causing him trouble isn't the two serious
convictions, but the little one," Smith said. "All of a sudden he's
considered a drug trafficker and an aggravated felon for possessing a
small amount of marijuana."

The Department of Homeland Security sided with the immigration judge.
The family posted an appearance bond of $10,000 in 1998 to ensure that
Kirstein would show up for deportation when asked.

And last week, the DHS issued Kirstein his deportation order. The
agency sent a letter by certified mail ordering Kirstein to bring no
more than 40 pounds of personal effects to the DHS office in Helena.

"They want to keep him incarcerated until this whole thing passes,"
said Scott, fighting back tears. "This is tearing my family up."

Smith continues to argue that because Kirstein has lived in the U.S.
for more than 40 years, and because he has been a longtime lawful
citizen, he should be able to apply for a waiver of
deportation.

"The offenses he's had are 20 years old," Smith said. "He may have had
some wild times. But he met Julie. He had kids. He has a different
life than he had then."

Kirstein works in Missoula where he volunteers as a score keeper for
youth baseball and helps with his sons' baseball teams. He's been
married to his wife for nearly 18 years.

Stewart Carlson of the DHS said the agency's press officer would be
unavailable for several days. He also said an interview with Kirstein
would not be permitted since the case is pending before the
deportation board.

"It's outrageous that a simple misdemeanor marijuana offense can lead
to deportation," Smith said. "The government is hanging their hat on
this very low-level crime. I think it's outrageous. It just doesn't
seem right to me."