Showing posts with label Deportation. Show all posts
Showing posts with label Deportation. Show all posts

January 10, 2020

Judge Orders ICE To Bring Back Gay Trans-Youth Deported to Ethiopia



By Tim Fitzsimons   

A federal judge has ordered the Department of Homeland Security to return a gay asylum-seeker who was deported to Chad, ruling that the government had not properly considered his asylum claim based on his status as a gay man before deporting him.

Oumar Yaide arrived in the U.S. in 2009 and requested political asylum because he was a member of “a disfavored group,” a Chadian ethnic group called the Gorane. His asylum application was denied in 2014, and in December 2018 a judge denied his final appeal.

In October, however, two months after officers from Immigration and Customs Enforcement, or ICE, removed him from his San Francisco home and sent him to California’s Yuba County Jail, Yaide filed a motion to reopen his asylum case. This request for relief was based upon new information: Chad criminalized homosexuality in 2016 — years after Yaide arrived in the U.S. — and Yaide came out as gay in 2019. This combination, according to court documents, led Yaide to fear “torture and death” if he returned home to the central African nation.  

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But in early December, while Yaide’s new case was waiting to be seen by an immigration judge, ICE agents removed him from the Yuba County Jail, processed his deportation and sent him to the Sacramento airport, where he and two ICE agents boarded a flight to Chad. Yaide was in handcuffs until a layover in Addis Ababa, Ethiopia. His lawyers said they had no idea where he was during the trip.

While Yaide was making the long journey back to Chad, his attorneys filed an instant habeas petition and temporary restraining order requesting that the government return him to the U.S. Last month, U.S. District Judge Charles R. Breyer granted the request and ordered Homeland Security to return Yaide to the U.S., ruling the “deportation violates his procedural due process right to pursue his motion to reopen.”

“Obviously, imprisonment or death would foreclose Yaide’s ability to pursue his motion to reopen,” Breyer wrote in his order, referring to the possible punishment Yaide could face as a gay man in Chad.

Returning Yaide to the U.S., however, is not without complications. He has an expired Chadian passport, and Homeland Security says it has no jurisdiction to retrieve him from Chad without a valid passport. It is unknown whether Chad’s government will issue him a new one.

Breyer’s ruling directed the U.S. government to work with Yaide’s lawyers to “formulate a mutually agreeable plan to return Yaide to the United States as soon as practically possible.”  

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Edwin Carmona-Cruz, co-director of Pangea Legal Services, the group representing Yaide, told NBC News on Wednesday that his organization is now “working with federal elected officials to assist in this process.”

Tanya J. Roman, an ICE spokesperson, said the agency is “unable to comment due to pending litigation.”

Chad is one of 68 U.N. member states where consensual same-sex activity is illegal, according to ILGA World, an international LGBTQ advocacy organization. In the United States, asylum-seekers have been successful with claims of potential persecution because of membership in a “social group,” namely the LGBTQ community.

In 1994, Attorney General Janet Reno ordered that the ruling in the case of a Cuban gay asylum-seeker, Fidel Armando Toboso-Alfonso, should be the guidance for future cases, thus cementing an earlier decision finding that Taboo-Alfonso was eligible for asylum because of his membership in the LGBTQ “social group” and the threat of political violence he would face if he were forced to return to his home country of Cuba.
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Aaron C. Morris, executive director of Immigration Equality, a nonprofit LGBTQ immigrant advocacy group, said Yaide’s case will have no clear impact on other LGBTQ asylum-seekers. However, he noted that “it’s pretty common” for LGBTQ asylum-seekers, like Yaide, to first seek asylum with a claim other than their sexual orientation or gender identity.

“A lot of our clients, often before they meet Immigration Equality, for various reasons, put forward meritorious claims that aren't successful, whether that is a religion-based claim or political opinion claim like in this case,” Morris said. “That could be a young person whose parents are paying for a lawyer and involved with their case, a person who is from anti-queer country but living with relatives or living within that community — there are a lot of reasons that are really compelling why someone might only bring a claim based on sexual orientation later in the life of a case.”

September 9, 2019

Cubans in Miami Voted for Trump But Trump Does Not Like Cubans So He is Sending Many of Them Back

This story was shortly taken out to have proofread.Thank you.

    Image result for cubans being deported by trump

I have a sister who is Evangelical and married to a Cuban. One thing I have to say and is that of 11 kids only two, this sister and another one close to her age have never divorced. As far as this goes of being with the same partner all your life even if you don't like him is weird enough but what was weirder to me was when she told me she voted for Trump and was voting for Trump hoping he will destroy the nation and bring the second coming upon us. First, you don't bring out half baked religious theories to someone who spent five years studying all these things. But older siblings even without a college education think they know more because they knew more since they were older but that advantage washes out when the kid is about 12 and especially today the older sibling has been left behind in learning about science, history, and mathematics from the younger family members because all these things have changed. 

My sister assumed her Cuban husband voted for Trump as most Cuban Americans did particularly in Miami. They hated President Obama because he was black (my sister admitted to me) and because he wanted to re-establish relations with these few million people  90 miles from the U.S.

Fidel dead and his brother Raul in line to go meet him. But these Cubans resent the Cubans there for never revolting against Fidel but then they never did either, they ran to the U.S.
Now Cubans are finding out of who Trump is really like and Cubans like Puerto Ricans with white skins and blue eyes but not pure white serve Trump nothing he can take to the bank. Their vote is no longer important because many of them have mixed with white Americans so the remaining Cubans are not enough in numbers or political cloud like they once did.  Adam Gonzalez

Image result for cubans being deported by trump
 120 Cubans out which some say is the beginning. Cubas now would have to search refuge with those Hispanics they don't like.

 Gaby Del Valle writes on Vice:

The Trump administration deported 120 Cuban immigrants in one fell swoop last week, even though many had passed credible fear interviews and said they would face violence and persecution if they were sent back, the Miami Herald reports
The large-scale deportation marks a turning point in U.S.-Cuba relations regarding the deportation of Cuban immigrants, and officials say it’s just the beginning.
All 120 people were put on a single flight from New Orleans to Havana on Friday, making it one of the biggest Cuban deportation efforts in recent years. But many of those who were sent back passed credible fear interviews, the first step in the asylum process, the Herald reports. Passing these interviews doesn’t necessarily mean one qualifies for asylum, though; it just means they get to apply for it. 
“These are all individuals subject to removal under federal law whose cases were adjudicated and persons determined to have no lawful basis to remain in the United States,” an ICE spokesperson told VICE News.
The U.S. and Cuba signed an agreement on January 2017, during the last days of the Obama administration, requiring Cuba to accept all of its citizens who are deported from the U.S. or who are in the U.S. without authorization — a drastic shift from the “wet foot, dry foot” policy that granted legal protections to virtually all Cuban migrants who set foot on U.S. soil. 
But the agreement doesn’t require Cuba to accept anyone the U.S. wants to deport. Instead, the Cuban government has 90 days to decide whether to accept a deportee. If they don’t, ICE can’t deport them. There was at least one other immigrant who was scheduled to be deported that day but was taken off the list at the last minute because of a “paperwork glitch,” according to the Herald’s report.
“The large removal charter is made all the more significant given Cuba’s longstanding status with respect to accepting the return of Cuban nationals ordered removed from the United States and abiding by key provisions of the U.S.-Cuba Joint Statement. Cuba has a long history of being deemed an uncooperative country,” an ICE spokesperson told the Herald.
The recent deportation was just the beginning, two federal sources told the Herald. There are more than 37,000 Cubans in the U.S. with deportation orders, many of whom are required to check-in with ICE a few times a year. But attorneys told the Herald that a growing number of people are being arrested during these check-ins

August 12, 2019

Jimmy 49, A Legal Alien from Iraq (He's Never Seen) Deported by Ice Lasted 2 Months

This story has been bothering me so much I need to share it, otherwise it will stay bouncing inside of me.......

Jimmy Aldaoud was deported from the U.S. in June to Iraq, a country that his family said he had never set foot in. Two months after he arrived there, his family got word that he was found dead in Baghdad. 
Aldaoud was born in Greece, his sister Mary Bolis said, after his family fled Iraq. He didn't speak Arabic. 
He was 41 when he died, and he arrived legally in the U.S. in May 1979 when he was a year old, his lawyer, Chris Schaedig, said. He lived near Detroit until he was put on a plane to Najaf by U.S. federal officials. 
"I begged them. I said, 'Please, I've never seen that country. I've never been there.' However, they forced me," Aldaoud said in a video recorded shortly after his arrival in Iraq, which was posted on Facebook by a family friend.  Aldaoud is shown looking dejected and exhausted. He said he was trying to find food. "I've got nothing over here, as you can see," he said.
"I was sleeping in the street," he said, adding that he was kicked in the back by a man who said Aldaoud was on his property. "I'm diabetic. I take insulin shots. I've been throwing up, throwing up." Bolis also said her brother had been diagnosed with bipolar disorder and schizophrenia. 
"As far as I know, he did not know a soul over there," said Schaedig. Aldaoud is from the minority Chaldean Christian community, which has been severely persecuted in Iraq. 
Schaedig said he wasn't at all surprised that Aldaoud died in Iraq. "I firmly believe — from the second I took the case — that he was in mortal danger if he was deported," he said. 
Bolis told NPR that she spoke to Aldaoud every day and that he recently told her that he wasn't feeling well. 
"I started getting worried," she said, and begged him to go to the hospital. He eventually did and sent her a picture after he was admitted. "What I'm understanding is he got a shot and some medicine from the hospital and was released." 
Early on Monday morning, she said, "we got the call that he passed away." It's not clear what his cause of death was.
"It's crazy to know that he died alone in a country he'd never been in," Bolis said. 
She remembers him as a man with a huge heart. He had been homeless, she said, but even in those difficult circumstances he would call to say he wanted to take her kids to get ice cream. "Jimmy was seriously the most nicest guy," said Bolis. 
And he was deeply troubled in Iraq. His sister remembers him saying, "I don't understand the language. I don't understand the money. I don't understand the street. I can't explain to you how different it is here." He wanted to be put back in jail in the U.S. instead, she said. 
A friend of his who had contact with him in Baghdad told NPR he thinks Aldaoud had been planning to kill himself, though his sister said she doesn't believe he would. Naser al-Shimary said he urged his friend to stay strong. 
"He told me — he's like, 'I can't stay here. I'm not going to be able to stay here.' I told him, 'Jimmy, I know what you're thinking.' I told him, 'You gotta hold on,' " said Shimary, who was also deported from the U.S. and met Aldaoud when they were both in detention there. "He's like, 'They took me away from my home, my family.' I told him, 'Jimmy, there is more to your life than that.' " 
Shimary said he and Aldaoud used to play chess together in detention. Shimary, speaking by phone from the south of Iraq, said Aldaoud had been living with a friend but didn't have money for rent or food.
"That kid didn't have to die. He didn't do nothing. Jimmy was a good man. Not like that — he didn't have to go out like that," Shimary said. 
Wesam Yako, a U.S. Army veteran who was also deported, said he saw Aldaoud last week in Baghdad. "I saw him. He was sick. He was sitting at home all day for 10 days," Yako said. "He don't want to go nowhere."
"I was like, 'How you going to make a living if you're just in an apartment all day?' But I feel like he had nothing. He had no job, nothing. He didn't want to go out," said Yako, who has been in Iraq for two years because he agreed to deportation over two felonies from the early 1990s. 
He said Aldaoud was put up in a refugee caravan belonging to a church at the beginning, and then his family sent him money for rent and medicine for three months. 
Immigration and Customs Enforcement officials in Detroit said that Aldaoud entered the U.S. legally in 1979, "before violating the terms of his status due to several criminal convictions."
Michigan police records show that Aldaoud pleaded guilty to criminal charges at least 15 times over the course of nearly 20 years prior to his deportation. Those include assault, breaking and entering, resisting arrest, disorderly conduct and home invasion. 
"If you look at the list of criminal convictions, yeah — it looks pretty bad," said Schaedig. "But if you go a little bit under the surface — if there's anyone willing to do that — it was someone who just needed help and who is committing the pettiest of petty crimes." Most of the crimes could be linked to homelessness and serious mental health issues, he said. 
"Several of those, larceny or robbery charges, were when he would open an unlocked car and take change out of the cup holders," he said. 
There were several "crimes of violence" as well, and Schaedig noted that "every single one of those was against his father or some sort of tussle with a member of his family at the time when his mental illness was really developing." He stressed that Aldaoud was "not at all a danger to the community at large," and his relationship was fraught with his father, who eventually kicked him out of the house. 
Bolis said that their father would call the police on her brother and accuse him of crimes he didn't commit. "He could not have hurt a fly," she said. 
In 2017, ICE officials arrested many Iraqis in sweeps — according to Schaedig, they detained at least 114 members of the Chaldean community in metropolitan Detroit, including Aldaoud, by September of that year. 
It was then that Schaedig answered a call from the American Civil Liberties Union looking for attorneys to take these cases pro bono. Over the next few months, he saw his client's mental health rapidly deteriorate.
"Jimmy's mental issues and the fact that he was detained made it harder and harder for him to deal with the process," said Schaedig. "He got out a couple times, got back in, was redetained." ICE said that he was arrested in April 2019 "for larceny from a motor vehicle."
At the final stage of the removal process, when the "strain on him was incredible," Schaedig said Aldaoud decided he didn't want to go through with his hearing. 
"That's when I ceased representation of him," he said. "So from that point on, he was unrepresented. ... I have no personal knowledge of what went on after that, other than that he was eventually deported."
On June 2, he was put on a plane bound for Iraq. ICE authorities say they supplied him with a "full complement of medicine to ensure continuity of care," though they have not clarified what that means.
His sister said the family didn't know that he was being deported until after he was out of the country. 
The ACLU has spoken out about his death and has warned that others may face the same fate if deported.
"We knew he would not survive if deported," Miriam Aukerman, a senior staff attorney for the ACLU of Michigan, said in a statement. "What we don't know is how many more people ICE will send to their deaths." 

June 28, 2019

Full of Something, Not Love, Trump Now Wants Deportation for Spouses and Families of Active Troops

Related image
 Melburne, there are plenty of those in Australia


The Trump administration wants to scale back a program that protects undocumented family members of active duty troops from being deported, according to attorneys familiar with those plans.
The attorneys are racing to submit applications for what is known as parole in place after hearing from the wives and loved ones of deployed soldiers who've been told that option is "being terminated."
The protections will only be available under rare circumstances, the lawyers said they've been told.
"It's going to create chaos in the military," said Margaret Stock, an immigration attorney who represents recruits and veterans in deportation proceedings. "The troops can't concentrate on their military jobs when they're worried about their family members being deported."
Officials with U.S. Citizenship and Immigration Services, which offers parole in place as a "discretionary option," declined to discuss questions about the ending of the program.
Defense Department and military service officials didn't immediately respond to questions about the program.
Parole in place
The program the Trump administration wants to curtail does not protect all immigrants facing removal proceedings from being deported.
It specifically allows military family members who have come to the country illegally — and can't adjust their immigration status -- to stay in the U.S. temporarily. A spouse who overstayed a visa, for example, would not be protected under the program.
The original objective of the policy was to minimize disruption to the life of a soldier, sailor, airman or Marine whose family member might have been subject to deportation.
Parole in place enables a soldier serving in Afghanistan, for instance, not to worry that a spouse at home who entered the U.S. illegally might be thrown out of the country while the soldier is deployed. 
The spouse has the ability to receive "parole" within the U.S. and apply for a green card — unlike someone without that privilege who might be deported and required to wait for years to apply.
It wasn't immediately clear how many people are using this now or have in the past.
New battle within broader immigration war
The procedures are changing as the U.S. government ramps up enforcement proceedings, including against veterans and their family members — sometimes in ways that violate its own procedures.
For example, a federal watchdog reported earlier this month that U.S. Immigration and Customs Enforcement did not follow its own policies on deporting former service members since 2013, which included during the Obama administration.
Immigrants have always served in the military and often become citizens. Nearly 130,000 troops have been naturalized from over 30 foreign countries since Oct. 1, 2001.
Service doesn't necessarily guarantee citizenship for troops but it can offer them a path to that, as well as some benefits for people related to those serving, like the parole privilege.
Activists scramble before end to privilege
One government lawyer is urging immigration lawyers to act quickly before the program is officially terminated next month.
"I would advise clients that if they are eligible for [parole in place] to submit it ASAP," a government lawyer warned other attorneys in a message obtained by NPR, adding later: "Wish there was better news to share. Big take-away is that no group is 'safe' any longer."
Carlos Luna, founder and president of a green card veteran chapter of the League of Latin American Citizens, said the ending of parole in place is yet another example of what he called the Trump administration's "war against immigrants."
"There are less and less opportunities for these people serving the country and their veteran family to go through the 'legal channels' and stay here in the country, which for many is the only place they've ever known," Luna said.
Luna cited the Trump administration's decision this year to close all of its international field offices and the fact that military recruits now must serve 180 days of active duty before becoming eligible to apply for naturalization — unless they're in a combat zone.
Previously they only had to wait a day.
Separating the link between service and citizenship
The Trump administration has also made it harder for some immigrants to enlist in the military with hopes their service would lead to an expedited path to citizenship.
Last year, the Pentagon began discharging immigrants recruited under a special program started by President George W. Bush.
The program, known as Military Accessions Vital to the National Interest program, or MAVNI, aimed at bringing in medical specialists, fluent speakers of challenging languages and other special skills.
Between 2008 and 2016, 10,400 individuals enlisted in the U.S. military through the MAVNI program, according to DOD data.
A federal judge in Seattle later ordered the Defense Department to stop discriminating against naturalized citizens who volunteered to serve in the military under the program.
The White House hasn't addressed the parole-in-place changes specifically, but information about them is reaching immigration attorneys against the backdrop of the ongoing political war over the southern border.
Trump, who has made immigration and the border his signature issue, urged Congress on Wednesday to close what he called the "loopholes" that remain.
Stock, the immigration attorney, meanwhile said she thought it might be corrosive to military readiness if troops overseas must begin worrying that their family members back home might be deported.
"I don't think people really understand we have a global military that has a multitude of immigration problems because of the fact that we deploy immigrants overseas all the time and we recruit immigrants and we recruit U.S. citizens who are married to immigrants and have immigrant parents," Stock said. "The military is very international, and if you got rid of everybody in the military who had a connection to a foreigner — you wouldn't have anyone in the military."

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