Johnathan Bartley Stables, 46, was involved with several feature films featuring some of Britain's best-known actors but became involved in money-laundering and tax evasion and was described by a judge as a "persistent and consumate fraudster".
When the Home Office tried to deport him last year as he came toward the end of serving half of a five-year prison sentence, he appealed.
Stables convinced the immigration tribunal that his five year-long relationship with his homosexual partner, an architecture student, meant that he had established a "family life" in this country, a right guaranteed under the contentious Article Eight of human rights legislation.
But an immigration judge ruled that, additionally, it would be difficult for him to make "any kind of decent living" in the States.
"The appellant [Stables] ... despite hailing from California would find it virtually impossible to break into Hollywood," said Senior Immigration Judge Richard McKee.
"His career in movies has been built up entirely in the United Kingdom, and he lacks the connections which might get him work in the highly-competitive movie industry.
"The appellant would find it very difficult to re-establish himself, and indeed to make any kind of decent living, if he were forced to go back to America."
It meant that despite serving two and a half years in prison, he was able to stay in his Belgravia flat, near Baroness Thatcher's London residence, where he lives with his partner Roland Shaw, 27.
Stables's fraud involved two counts of money laundering, one for a sum of £325,000 and one for £150,000; two counts of tax evasion and one failure to make a statutory declaration to the official receiver.
Stables came from California in 1987 to complete his higher education and worked as a screenwriter and later a producer.
He produced the 1999 comedy The Clandestine Marriage, starring the late Nigel Hawthorne, Joan Collins and Timothy Spall, and said he was an uncredited producer on other titles including Edward II, a 1991 adaptation of Christopher Marlowe's Elizabethan drama directed by Derek Jarman and featuring Tilda Swinton as Isabella.
Stables said he was currently working as a consultant on two biographical films of Napoleon and Tchaikovsky, each with leading star names attached.
In spite of using human rights legislation to avoid deportation, he said that even he was "appalled" that others had succeeded in their attempt to stay in Britain by showing they had a "family connection" here.
He said Article 8, which guarantees the right to a "private and family life" should be reformed to prevent violent criminals and illegal immigrants staying in Britain, but that it should still offer protection to less serious offenders such as himself.
A series of cases have emerged which show the controversial "Article Eight" has been used by criminals including killers, rapists, violent drug dealers and paedophiles.
Many have apparently had little in the way of a genuine family life and in some cases the mothers of their children have told how they have little contact with them.
Stables said: "I spent two and a half years in prison getting to know people who were beating the system.
"I'm appalled that Article 8 is used by rapists, murderers and other violent criminals. I believe that above a certain threshold of cases, out you go.
"When you have someone like myself who is nil risk to the public and the Home Office spent thousands of pounds trying to get rid of me, and they apparently don't lift a finger to get rid of someone who holds a knife to someone's throat - that needs to be looked at.
"Human rights are valuable and those who truly qualify should benefit from it."
He is now attempting to have his convictions overturned and claims he was wrongly advised by his lawyers to enter a guilty plea to the charges.
His legal action follows a lengthy battle to stay in the country. When the Home Office issued a deportation order, Stables' first appeal failed.
His legal team at first attempted to claim that the panel had been biased against the American, and had shown "deep prejudice" towards his "old pre-conviction/sentence lifestyle".
Eventually, a new appeal was brought on legal grounds rather than bias, and in the Upper Tribunal Immigration and Asylum Chamber, Senior Immigration Judge McKee found in Stables' favour.
Judge McKee ruled it would be disproportionate to deport him because of his relationship with Mr Shaw, and noted that probation officers had given him a "glowing testimonial".
In contrast to the trial judge's comments, Judge McKee noted that Stables was "not a professional fraudster" and that his offences had been committed to "prop up a media business which had run into difficulties".
It would also be unreasonable to expect Stables' partner to move to the United States because he is in the middle of a lengthy course at the Architectural Association, costing £15,000 a year, and would not easily be able to work in his chosen profession in America, said the judge.
Stables, who was released from prison four months ago, said his legal bills had so far totalled more than £250,000 and his convictions were being examined by the Criminal Cases Review Commission.
"The fact is that there is a miscarriage of justice in my case," he added.
He claimed that the money laundering and tax evasion charges of which he was convicted were "business errors of judgment and material fact" while £150,000 he was found guilty of laundering was a business loan to a ballet project.
A Home Office spokesman said: "We rigorously defended our decision to deport this individual and are disappointed by the court's decision.
"It is unacceptable that the Human Rights Act is being used to prevent removal of foreign criminals and immigration offenders.
"This is why we will change the immigration rules to prevent those abuses and ensure a better balance with human rights and the wider public interest."
"The appellant would find it very difficult to re-establish himself, and indeed to make any kind of decent living, if he were forced to go back to America."
It meant that despite serving two and a half years in prison, he was able to stay in his Belgravia flat, near Baroness Thatcher's London residence, where he lives with his partner Roland Shaw, 27.
Stables's fraud involved two counts of money laundering, one for a sum of £325,000 and one for £150,000; two counts of tax evasion and one failure to make a statutory declaration to the official receiver.
Stables came from California in 1987 to complete his higher education and worked as a screenwriter and later a producer.
He produced the 1999 comedy The Clandestine Marriage, starring the late Nigel Hawthorne, Joan Collins and Timothy Spall, and said he was an uncredited producer on other titles including Edward II, a 1991 adaptation of Christopher Marlowe's Elizabethan drama directed by Derek Jarman and featuring Tilda Swinton as Isabella.
Stables said he was currently working as a consultant on two biographical films of Napoleon and Tchaikovsky, each with leading star names attached.
In spite of using human rights legislation to avoid deportation, he said that even he was "appalled" that others had succeeded in their attempt to stay in Britain by showing they had a "family connection" here.
He said Article 8, which guarantees the right to a "private and family life" should be reformed to prevent violent criminals and illegal immigrants staying in Britain, but that it should still offer protection to less serious offenders such as himself.
A series of cases have emerged which show the controversial "Article Eight" has been used by criminals including killers, rapists, violent drug dealers and paedophiles.
Many have apparently had little in the way of a genuine family life and in some cases the mothers of their children have told how they have little contact with them.
Stables said: "I spent two and a half years in prison getting to know people who were beating the system.
"I'm appalled that Article 8 is used by rapists, murderers and other violent criminals. I believe that above a certain threshold of cases, out you go.
"When you have someone like myself who is nil risk to the public and the Home Office spent thousands of pounds trying to get rid of me, and they apparently don't lift a finger to get rid of someone who holds a knife to someone's throat - that needs to be looked at.
"Human rights are valuable and those who truly qualify should benefit from it."
He is now attempting to have his convictions overturned and claims he was wrongly advised by his lawyers to enter a guilty plea to the charges.
His legal action follows a lengthy battle to stay in the country. When the Home Office issued a deportation order, Stables' first appeal failed.
His legal team at first attempted to claim that the panel had been biased against the American, and had shown "deep prejudice" towards his "old pre-conviction/sentence lifestyle".
Eventually, a new appeal was brought on legal grounds rather than bias, and in the Upper Tribunal Immigration and Asylum Chamber, Senior Immigration Judge McKee found in Stables' favour.
Judge McKee ruled it would be disproportionate to deport him because of his relationship with Mr Shaw, and noted that probation officers had given him a "glowing testimonial".
In contrast to the trial judge's comments, Judge McKee noted that Stables was "not a professional fraudster" and that his offences had been committed to "prop up a media business which had run into difficulties".
It would also be unreasonable to expect Stables' partner to move to the United States because he is in the middle of a lengthy course at the Architectural Association, costing £15,000 a year, and would not easily be able to work in his chosen profession in America, said the judge.
Stables, who was released from prison four months ago, said his legal bills had so far totalled more than £250,000 and his convictions were being examined by the Criminal Cases Review Commission.
"The fact is that there is a miscarriage of justice in my case," he added.
He claimed that the money laundering and tax evasion charges of which he was convicted were "business errors of judgment and material fact" while £150,000 he was found guilty of laundering was a business loan to a ballet project.
A Home Office spokesman said: "We rigorously defended our decision to deport this individual and are disappointed by the court's decision.
"It is unacceptable that the Human Rights Act is being used to prevent removal of foreign criminals and immigration offenders.
"This is why we will change the immigration rules to prevent those abuses and ensure a better balance with human rights and the wider public interest."
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