Date: 25 July 2008
Andrea Mortlock, a Jamaican national, arrived lawfully in the United States as a 15 year old girl in 1979. She lived lawfully in the United States for almost 30 years with her family and had no family or community ties in Jamaica. In her early twenties, she became dependent upon narcotics and was charged with a series of drug-related offenses over a ten year period. During which time, she also contracted HIV/AIDS and required aggressive medical treatment and care. As a result of her drug offenses, her deportation was ordered and a series of attempts to appeal the order were ineffective. The Commission held that returning Ms. Mortlock to Jamaica would amount to cruel, inhuman or degrading punishment based on her medical prognosis as well as the lack of effective treatment combined with lack psycho-social support for her care. The return was characterized as punishment as it was directly linked to her criminal convictions.
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