-Caveat Lector- From http://www.billingsgazette.com/index.php?section=local&display=content/local/custody. inc }}>Begin Schools critic in federal click to enlarge image custody By TOM HOWARD Of The Gazette Staff After a flurry of last-minute legal wrangling to avoid deportation, German citizen and Billings resident Wolfgang von Eitzen surrendered to federal authorities Monday morning. Von Eitzen remained in custody Monday evening, and officials from the Immigration and Naturalization Service refused to say where he was. Surrounded by his wife, Josephine, and more than a dozen supporters, von Eitzen turned himself in at the Billings office of the U.S. Border Patrol. �I�m living here for 19 years. I have a wife who is a U.S. citizen and a U.S. citizen son. I own properties. Why are they doing this?� von Eitzen said outside the federal office building in downtown Billings. He later thanked supporters who had shown up. Some of von Eitzen�s backers carried signs with sayings such as: �INS Abuse� and �Where�s the justice?� �I�ve been to a couple hearings in Helena with Wolfgang. I believe there was a desire to get rid of him,� said Dave Brown of Billings, who accompanied von Eitzen to the Border Patrol office Monday morning. In papers filed Friday in U.S. District Court, von Eitzen requested a writ of habeas corpus, which demands a halt to deportation proceedings while his case is being reviewed by the Board of Immigration Appeals. He also sought a temporary restraining order and a preliminary injunction to bar the INS from taking him into custody. No action had been taken by Monday morning because U.S. District Judge Jack Shanstrom was out of town. Alan Puckett, deputy director for the INS office in Helena, said von Eitzen will remain in custody pending the outcome of cases before the U.S. District Court and the Board of Immigration Appeals. Puckett refused to say where von Eitzen was being held. The INS doesn�t disclose the location of people it has in custody for security reasons, he said. Matthew J. Sisler, a Missoula attorney who has handled von Eitzen�s case in U.S. District Court, said he sought the writ of habeas corpus to provide more time so that von Eitzen�s case can be heard by the Bureau of Immigration Appeals. Another attorney, Brandon Marinoff of Denver, is working on that part of the case. Von Eitzen, 55, came to the United States nearly 20 years ago under the so-called �E� visa program that allows foreigners to invest in businesses in the United States. He has operated a Billings video production company known as Video World since his arrival. Von Eitzen first stepped into the public spotlight 10 years ago as a frequent critic of Billings public schools. He has appeared periodically on the Community Seven public access television station. Von Eitzen ran into problems with the INS in 1996, soon after his divorce from his first wife, Maren. The INS began deportation proceedings against von Eitzen, alleging that he was no longer maintaining his �E� visa status because his business had failed. �At some point they are expected to leave if the business closes or fails or is sold. If that happens, they are expected to leave or obtain some other status,� Puckett said. Von Eitzen married Josephine in December 1996. In 1997, she applied for an I-130 petition, or �green card,� that would have allowed Wolfgang to remain in the United States as the spouse of a U.S. citizen. But the INS contended that they had arranged a marriage of convenience in order to keep him from being deported. After an initial denial and lengthy appeals, the green card application was approved earlier this year. But on April 12 the INS ordered von Eitzen to leave the United States by Monday. The INS rejected von Eitzen�s arguments that his deportation would result in an undue hardship on the family. In the April 19 letter, INS District Director Harry Thomas said that federal law clearly requires that von Eitzen must be deported. Further, by refusing to comply with an earlier order to depart the country voluntarily, von Eitzen is ineligible for returning to the United States for another 10 years. �The Service has compassion for the concerns and issues of Mr. and Mrs. Von Eitzen; however, the law is clear and must be enforced. (Von Eitzen) will be permitted to renew his request to return to the United States as a spouse of a U.S. citizen, but he must accomplish this from Germany,� says a letter from Thomas. Tom Howard can be reached at 657-1261 or at [EMAIL PROTECTED] Updated: Tue Apr 24 17:32:59 CDT 2001 Central Time Copyright � The Billings Gazette, a division of Lee Enterprises. 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