A North Dakota man's murder conviction was overturned. He may now be deported
Summary
Werner Kunkel, a North Dakota man, had his 1986 murder conviction overturned after spending over 30 years in prison. Although a new trial was ordered, he was taken into federal custody by Immigration and Customs Enforcement (ICE) and is facing possible deportation to Germany, a country he has no connection to.Key Facts
- Werner Kunkel was convicted in 1995 for the 1986 murder of Gilbert Fassett and sentenced to life in prison.
- His murder conviction was overturned earlier in 2026 because prosecutors did not share evidence that might prove his innocence.
- Kunkel was born in Germany but moved to the U.S. at age 7 and never became a U.S. citizen.
- ICE has sought to deport him since 1999, citing his criminal record including forgery and assault charges.
- After his conviction was overturned, a district court ordered his release, but ICE immediately took him into federal custody.
- Kunkel’s lawyers argue the government is using old charges to justify deportation only after losing the murder case.
- A federal immigration judge is expected to decide soon if Kunkel can be deported.
- Meanwhile, North Dakota prosecutors are asking the state Supreme Court to reinstate Kunkel’s murder conviction.
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