Red Wings Star to Remain Free During Appeal

A federal judge ruled today that Detroit Red Wings star defenseman Bob Probert must remain free while appealing a deportation order from the U.S. Immigration and Naturalization Service.

U.S. District Judge Horace Gilmore said the statute the INS was using to try to detain him was unconstitutional because it provided for detention without a bond hearing.

Probert, a Canadian citizen, was entitled to a hearing to determine risk of flight or danger to community and could be detained if either applied, said Sandra Soderbort, Gilmore’s law clerk.

Gilmore heard arguments Tuesday from Probert’s attorney, Marshal E. Hyman, and L. Michael Wicks, assistant U.S. attorney.

Probert, 25, filed suit Monday to fight the immigration service’s plans to lock him up until his deportation appeal was heard.

Wicks said a 1988 act of Congress requires that foreign citizens convicted of the aggravated felonies of murder, trafficking or certain firearms offenses be held without bond to prevent their flight while they appeal deportation.

Hyman argued that holding Probert without bond was unconstitutional.

The deportation order followed his conviction on cocaine importation charges but is based on his chronic abuse of alcohol, rather than the drug charge.

Hyman said his client was disappointed that immigration is seeking to detain him when he’s worked so hard to get his life together.