Melanie Beaucejour Jean, 45, of Plaisance, Haiti, has exhausted her appeals and is being held in the Camden County Jail in
New Jersey pending deportation proceedings, a Justice Department official said.

"Aliens arriving at our shores must understand that residency in the United States is a privilege, not a right," Ashcroft wrote in
the opinion that reversed the immigration board decision. "For those aliens . . . who engage in violent criminal acts during their
stay here, this country will not offer its embrace."

Jean was conditionally admitted to the United States as a refugee in November 1994. Four months later, she was charged with
punching and shaking a child in her care who, an autopsy revealed, died from blunt force trauma to the head. Jean, who was
living in Rochester, N.Y., pleaded guilty in August 1995 to second-degree manslaughter and was sentenced to two to six years
in state prison.

Upon her release, Jean asked the Immigration and Naturalization Service for a status change from "refugee" to "lawful
permanent resident." An immigration judge denied the request and Jean was ordered deported. She appealed to the Board of
Immigration Review, which reversed the judge's decision.