My children’s father was born in Brazil, adopted by an American as a child around the age of 6, lawfully entered in 1985 with the status of IR2, which means that he should be a derived US citizen by lawful entry to the USA. He is detained by immigration in Connecticut and being held in Rhode Island. He was wrongfully served with a search warrant in which they did not find any evidence as they stated on charges. He went to court several times and believed the attorney who said he has to pay a fine and the case is done. The last court date he did not attend and got a fail to appear. A bounty hunter, bail guy and even ICE was showing up at his parents’ home harrassing them even after they mentioned their son is out of the country which is something ICE should have known. I was contacted by these people in many unlawful ways. Me and my kids where affected by this. He reentered the usa from brazil with no problem. He then stopped in florida which is where i am to see the kids and left to connecticut to turn himself in. They gave him 6 months for failure to appear and dropped charges of attempted sale, drug manufacturing and other which they had claimed on the search warrant. My kids’ father was not aware of these charges the several times he had attended court before he failed to appear. They gave him 6 months jail and after 2 weeks ICE served him with charges of failure to file i-751 in 1993 when he was only 13 at time, possesion of marijuana, which they dropped since there was not enough to hold for removal of deportation, then served him with perjury commited when he was a minor. His 6 month term got served and the state police tranfered him to Hartford immigration on 10/2008 and been thru several courts where the family has introduced legal papers like his birth certificate from abroad with adoptee father name, passport showing stamp ir2, embassy letter from 08/2007 showing he is LPR of the US. For months we tried gettinng attorney, even a pro bono, it has been 3 month since we apply and they have not said if they would represent or if another is unable to take case because he is being held in rhode island even if case is in hartford connecticut or charging too much which we wasted much on other case. We believe he should be consider a derived us citizen so why are they holding him as he is illegal and with charges that happened when he was a minor? Is as if the law does not matter.
The following is an overview of my immigration case.
I arrived in the country in July of 2001 on a visitor’s visa. I claimed asylum at the JFK airport and was issued a notice to appear in immigration court in front of an immigration judge. In October of 2002 my asylum case was denied by the BIA. I was given 30 days to depart but was not aware the attorney at that time did not file my case with the third circuit. I was ordered removed in November of 2002. I did not realize this until later on. I married a USC in May of 2003. USC filed I-130 on my behalf in July 2003. In January of 2005 it was approved. In April of 2005 my attorney filed I-485, I-212, and also a stay of deportation. The I-485 was filed based on approval of I-130. In May of 2005 my attorney received a notice stating that the correct filing fee had not been paid which was an error and proof of such was mailed to the service. In October of 2005 I received notice of interview for I-485 with my spouse. I had completed everything leading up to interview including fingerprints, background check and Medical. We arrived at the appointment and I was called into the room and promptly detained without interview and today till date it is pending with INS and online my 485 case status says that it is still resume and open. The district director claimed he/she did not receive the I-212 and even if they had the waiver would have been denied. I was taken into custody and taken to York County Prison where I was held for 8 and half months. Most of which I had a stay of deportation. I also attempted to again get my asylum case re-opened in the BIA in 2005 but again it was denied. While I was detained my attorney filed the denial of I-212 case with the Third Circuit. The Third Circuit Court of Appeals heard case on April of 2008 and denied case because the Government respond and admit that there was an administrative oversight at the district office of citizenship and immigration service which was discovered in the process of responding to the court and my appeal it still pending in AAU and they have clear form of relief available for me and I can remain in USA till my case is pending with AAU (see the attachment 1 dated march 7, 2008 and attachment 2 march28.2008), on July of 2008. The stay of deportation was also lifted. My case I- 485 and I-212 is still pending in the AAU and my immigration file along with my expired passport is at the AAU. I currently have no stay order while my case is in the AAU. My attorney is aware of this and keeps on telling me he is going to file for another stay order with the Third Circuit while my case is pending at the AAU. The officer at ICE office told both me and my attorney that a stay order was needed or I again would be detained in lieu of deportation. My attorney is not filing the stay order and keeps telling me he is going to do it for the last two months now but has yet to do it. My appt with ICE is coming up the first week of November and I still do not have a stay order. and i have fear that ICE is going to detain me to coveritup there adminstrative mistake .
REGARDS
I was taken into DHS custody for a traffic violation. I was sent to the California San Pedro processing facility. My wife and 6 children who are US citizens desperately paid thousands of dollars into my immigration documents so that I may reunite with my family. I informed the court that my two sons are disabled and provided documentation at the judges request. Then denied after the fact. I was informed that DHS does not rule based on humanity purposes for families or disabilities. I lived in the facility for 6 months and fell ill due to unsanitary conditions and my needs were not accommodated while in custody. I suffered and witnessed abuse in many ways by discrimination. -Jose Medina
Jaoudat Abouazza was detained in Cambridge, Massachusetts, held for a month in solitary confinement, and subject to frequent beatings. All for a traffic violation.
"At 6:00 am on September 27, 2007, a dozen Immigration and Custom Enforcement (ICE) agents arrived at the home of Peggy Delarosa-Delgado, a United States citizen, Long Island homeowner and mother of three. After her son opened the door, the agents pushed past her son and entered her home without a warrant. The agents proceeded to herd everyone into the living room, search the house, and even pointed a gun on a family friend staying in the basement. "My kids were scared. They had to sit in the living room like little criminals." The agents were looking for a deportable immigrant who never lived in her home." ["Citizens Caught Up in Immigration Raid", New York Times, October 4, 2007.]
"Yousuf emigrated from Pakistan 17 years ago and passed the citizenship exam in 2002 — yet he is still waiting to have his naturalization application approved. Federal law requires that the government make a decision on the application within 120 days of passing the exam. However, since 9/11, Muslim and Middle Eastern immigrants have experienced unexplained and lengthy delays in the processing of their immigration applications. [South Asian American Leaders of Tomorrow, Immigration Reform and the South Asian Community: Myths and Realities, Sept. 2007.]"
Francisco Castaneda, an undocumented immigrant from El Salvador, was placed in immigration custody after serving an eight-month state prison sentence on a 2005 drug conviction. While at the San Diego Correctional Facility, he notified immigration officials that he had a large, painful, growing lesion on his penis. Despite recommendations from several doctors, immigration officials refused to test him for cancer, and he received no treatment except for pain pills during his 11 months in detention. Castaneda was released in 2007, went to a hospital and was diagnosed with advanced cancer. He died in February 2008. A federal judge in March ruled that the alleged denial of medical treatment was "beyond cruel and unusual punishment," and the federal government has since acknowledged that detention officials and doctors were negligent in causing Castaneda’s death. [U.S. Admits Negligence in Detainee’s Death, San Francisco Chronicle, Apr. 29, 2008.]
