Deportation cases

Korea Daily Article in Korean

silent1 — Mon, 04 Mar 2013 13:13:47 -0500

Cases

Seo, mother of 3

date

2011-06-01

source

Korea Daily

body

생후 8개월만에 미국으로 입양된 30대 한인여성이 아무런 연고도 없는 한국으로 추방될 위기에 놓이자 LA한국총영사관이 인도주의적 차원에서 추방결정 철회 고려를 요청하고 나서 귀추가 주목되고 있다.

6일 LA총영사관(총영사 김재수)에 따르면 연방이민세관단속국(ICE)은 2008년과 2009년 등 2차례에 걸쳐 절도죄로 각각 7개월과 1년4개월 형을 선고 받고 복역한 영주권자인 한인 서모(31.여.애리조나주)씨에 대해 추방결정을 내리고 지난해 11월 영사관측에 여행증명서 발급을 요청했다.

법원 명령서에서는 서 씨가 '실수에 의한 단순범죄가 아닌 비도덕적인 의도적 범죄 2건'을 저질렀다며 이는 추방조치가 가능한 사유에 해당된다고 기록돼 있다.

미국정부는 합법적인 이민자라 하더라도 중범죄(1년이상의 형량) 혐의가 입증되거나 경범죄라 하더라도 마약 또는 매춘 등 비도덕적인 범죄를 저지를 경우 추방 조치하고 있다.

현재 애리조나주 연방이민구치소에 수감돼 있는 서 씨는 관할 공관인 LA총영사관이 여행 증명서를 발급하면 곧바로 한국으로 추방된다.

하지만 LA총영사관측은 서 씨가 입양된 후 단 한 번도 한국에 가본적이 없었던데다 가족이나 친척이 아무도 없어 한국으로 돌아갈 경우 정상적인 생활이 불가능하다는 점을 들어 미 정부에 서 씨에 대한 추방조치를 고려해 줄 것을 요청하고 있는 것.

더구나 서씨는 남편없이 3명의 자녀를 혼자 양육해와 그가 한국으로 추방될 경우 미성년자인 자녀들의 거취문제 또한 난관에 빠지게 된다는게 총영사관측의 설명이다.

이에 따라 미 정부로부터 여행증명서 발급을 요청받은 영사관측은 5일 여행증명서 발급 대신 미 정부 당국에 인도주의적 차원에서 추방 조치를 반려해줄 것을 서면으로 공식 요청했다.

김재수 총영사는 "8개월때 입양된 서씨가 어떤 이유에선지 아직 시민권을 취득하지 않은 상태다"라며 "한국으로 돌아간다면 사회에 적응할 수 없을 것으로 예상돼 이민당국에 추방결정을 재고해 달라고 요청했다"고 말했다. 그는 이어 "서 씨도 강력하게 잔류를 원하고 있고 또 시민권자인 3명의 자녀들을 생각한다면 추방명령은 철회됐으면 하는 바람"이라고 덧붙였다.

한편 미국정부는 서 씨의 경우처럼 입양아들이 시민권을 취득하지 않아 추방되는 사례들이 많다는 지적에 따라 지난 2004년 1월에 관련법을 개정했다. 개정된 법에 따르면 시민권자에게 입양되는 아이들은 입국 후 45일 안에 별도의 신청없이 자동으로 시민권을 받게 된다.

신승우 기자

Tim Yee aka Jungbo Mo

silent1 — Mon, 26 Nov 2012 04:48:09 -0500

Born in South Korea in 1974 and adopted by a US family in 1997, Tim Yee was deported after legal troubles. He was recently found homeless and injured in Itaewon district of Seoul. (Tim Yee and Jungbo Mo are believed to be the same person, if we are incorrect can someone let us know?)

Status: Deported

Home state:

Country of origin: Republic of Korea (South Korea)

Status:

History Mitrokhin T. - It's shameful history of the relations of the Russian authorities to nationals

silent1 — Wed, 07 Nov 2012 09:35:36 -0500

Cases

Tatyana Mitrohina (Gann)

date

2012-09-14

source

BLOG Andrei Babushkin

body

Blog post, original in Russian, Google translation below

История Митрохиной Т.Ю. – это позорная история отношения властей РФ к собственным гражданам

an_babushkin
September 14th, 0:36
В Комитет за гражданские правам обратилась МИТРОХИНА ТАТЬЯНА ЮРЬЕВНА, 1978 г.р., уроженка г. Москвы.

Митрохина Т.Ю. родилась в семье Симоновой Людмилы Васильевны и Митрохина Юрия Константиновича, которые на момент ее рождения проживали в Москве. В 1981 году Митрохин Ю.К. получает квартиру на 4 человек, в том числе Татьяну.

Митрохина Т.Ю. имеет врожденную патологию, связанную с отсутствием пальцев на руках и ногах, в связи с чем ей была установлена инвалидность 3-й группы.

Симонова Л.В. и Митрохин Ю.К. отказываются от ребенка и оставляют ее в больнице, а затем помещают ее в дом ребенка, где она находится до 1983 года. С 1983 года по 1986 год Митрохина находится в детском доме. В 1986 году Митрохина поступает в школу – интернат, где обучается в течение 3 лет. В 1998 году отец забирает ее в семью.

В 1992 году жилое помещение было приватизировано Симоновой Л.В. без участия детей. Согласия органов опеки и попечительства дано на приватизацию жилья без участия детей не было.

В 1993 году Митрохина Т.Ю. была удочерена Гэнн Олдрих М. и Рут Джейн, которые проживали в США и там же продолжила обучение.

В 1996 году приемная мать обратилась по вопросу о получении Митрохиной Т.Ю. гражданства США, однако в этом было отказано в связи с тем, что Митрохиной исполнилось 18 лет.

В 2000 году Митрохина Т.Ю. устроилась на работу и стала жить отдельно от приемных родителей. В 2002 году на нее было заведено уголовное дело и она была осуждена к 3 годам лишения свободы условно. С 1993 по 2009 год Митрохина 2 раза приезжала в Россию на 2 недели и на 1 месяц. В 2007 году Митрохина. вновь была привлечена к уголовной ответственности и осуждена к 80 дням лишения свободы. После вмешательства миграционных властей Митрохину перевезли в тюрьму для мигрантов, где она находилась полтора года. Затем в 2009 году Митрохина была депортирована из США в Россию.

Митрохина 2 недели проживала у бабушки, а с февраля по май 2009 года проживала с матерью. После того, как мать сменила замки, Митрохина попасть в квартиру не смогла.

С июня 2009 года Митрохина Т.Ю. проживает в ЦСА «Люблино». (ЦСА – Центр социальной адаптации. По простому – ночлежка для БОМЖей и освободившихся).

В интересах Митрохиной Т.Ю. Хорошевский прокурор г. Москвы обращается в суд с иском о признании частично недействительным договора передачи жилого помещения в собственность. Суда в удовлетворении иска прокурора отказал под предлогом пропуска срока исковой давности и отсутствия в 1992 году положения об обязательном участии детей в приватизации жилой площади.

Таким образом из-за безответственности, бесчеловечности и бездушия собственных родителей, законодателя, органов опеки и попечительства Митрохина Т.Ю. оказывается без жилого помещения.

История Митрохиной Т.Ю. – это позорная история отношения Российской Федерации к собственным гражданам.

Комитетом За гражданские права на данный момент оказывается посильная юридическая помощь Митрохиной Т.Ю.

*Данный текст переделан из официального обращения Комитета за гражданские права в интересах Митрохиной Т.Ю. Телефон общественной приемной Комитета, где можно записаться на юридическую консультацию - 8(499) 478-95-15, 478-08-47

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History Mitrokhin T. - It's shameful history of the relations of the Russian authorities to nationals

an_babushkin
September 14th, 0:36
In Committee for Civil Rights asked Mitrokhin Tatiana, born in 1978, was born in Moscow.

Mitrokhin T. born into a family of Simonova Lyudmila Vasilyevna and Mitrokhin Yuri Konstantinovich, who at the time of her birth to live in Moscow. In 1981, Mitrokhin YK get an apartment for 4 people, including Tatiana.

Mitrokhin T. a congenital abnormality associated with the absence of fingers and toes, in connection with which it was installed disability third group.

Simonova L.V and Mitrokhin YK abandon the child and left her in the hospital, and then put it to the orphanage where she was until 1983. From 1983 to 1986, Mitrokhin is in an orphanage. In 1986, Mitrokhin goes to school - boarding school where trained for three years. In 1998, the father takes her into the family.

In 1992, housing was privatized Simonova LV without the participation of children. Consent of the guardianship is given to housing privatization without no children.

In 1993, Mitrokhin T. was adopted Oldrich M. and Ruth Jane Gann, who lived in the United States and continued her studies there.

In 1996, the foster mother turned on getting Mitrokhin T. U.S. citizenship, but this was refused due to the fact that the Mitrokhin 18 years.

In 2000, Mitrokhin T. got a job and moved away from the foster parents. In 2002, it was a criminal case and was sentenced to three years of probation. From 1993 to 2009, Mitrokhin 2 times traveled to Russia for 2 weeks and 1 month. In 2007, Mitrokhin. was again held criminally liable and sentenced to 80 days' imprisonment. After the intervention of immigration authorities Mitrokhin was taken to jail for migrants, where she was one and a half years. Then in 2009 Mitrokhin was deported from the U.S. to Russia.

Mitrokhin 2 weeks lived with his grandmother, and from February to May 2009, lived with his mother. After the mother changed her locks, Mitrokhin get into the apartment could not.

Since June 2009, Mitrokhin T. lives in the CSA "Lublin". (DSA - Resettlement Centre. According simple - bunkhouse for the homeless and released).

In the interest of Mitrokhin T. Khoroshevsky prosecutor of Moscow goes to court with a suit to invalidate the contract partially transfer the ownership of the dwelling. Court's claim prosecutor refused on passing the statute of limitations and the lack of provisions in 1992, the mandatory involvement of children in the privatization of residential space.

Thus because of the irresponsibility, callousness and brutality of their own parents, legislators, the guardianship Mitrokhin T. is no dwelling.

History Mitrokhin T. - It's shameful history of relations of the Russian Federation for their own citizens.

Committee for Civil Rights at the moment to give all possible legal assistance Mitrokhin T.

* This text is altered from the official request of the Committee for Civil Rights in the interest of the Mitrokhin T. Telephone Public Reception Committee, where can I apply for legal advice - 8 (499) 478-95-15, 478-08-47

Born in a prison, now Rudi finds homes for people living rough

silent1 — Mon, 03 Dec 2012 09:31:18 -0500

Cases

Rudi Richardson (Udo Ackermann)

date

2012-01-11

source

Standard.uk

body

Born in a prison, now Rudi finds homes for people living rough
David Cohen
11 January 2012

By 5.30pm the Streetlytes drop-in centre in Portobello Road is already packed. More than 50 homeless people have come in from the cold and are bent over their dinner of steaming meat and potatoes like an image out of Dickens.

Suddenly a man with tattoos on both arms grabs my hand. "Name's Joe," he said. "I'm an old bank robber, spent 17 years inside, now I'm in recovery and a volunteer for Streetlytes. See that guy," he points, "an old war hero.

You wouldn't believe who winds up homeless. Gives my life meaning, helping out. An amazing high, better than any robbery ever gave me." Helping Joe is Owen Cook, another volunteer plucked from the streets.

"Two years ago I lost my job and my marriage and came to London to start again, but I ended up alcoholic and sleeping outside House of Fraser in Victoria," he said.

"One night I looked up and there was this tall man called Rudi standing over me. He invited me to his drop-in centre and offered to get me a home. I thought he was mad, but every night he came back. What was different about Rudi was that he really cared. He couldn't do enough for me. He got me off the street, found me a home, and a training course to apply for. Rudi saved my life. Not just me - lots of people."

Tall, bespectacled Rudi Richardson, 56, founder of Streetlytes, is an unlikely hero. Born in a women's prison, he spent 33 years drifting in and out of addiction, prison and life on the streets. Then four years ago Mr Richardson pulled himself back from the brink. He cleaned up and formed Streetlytes to "give back", using his personal narrative to inspire other down and outs to do the same. "Our mission," he said, "is to help the people who stand in the shoes I stood in - the addicts, the homeless, the broken."

The Dispossessed Fund has made a £17,250 grant to support Streetlytes. It will be used to fund its winter help project, providing hot meals at its four drop-in centres in London - in Westminster and Kensington and Chelsea- as well as packs of thermal underwear, sleeping bags, gloves, jackets and hygiene kits to 500 homeless people.

THE grant is one of 163, amounting to £1.25 million, announced today to support groups tackling poverty across the capital. More than 70 per cent of the money comes out of the £1 million given to our Fund by the Government last year, and the balance comes from the Big Lottery Fund windfall as part of its People Powered Change initiative.

The Dispossessed Fund has raised £7.2 million since it began in July 2010, of which almost £3 million has been given to charitable projects across London. Many of these projects are run by passionate individuals, like Mr Richardson, who are determined to give back to their communities.

Mr Richardson says he called his group Streetlytes because when he was sleeping rough in a cardboard box in the West End in 2004, he found solace in the street lights. "Every night, without fail, they would come on, and they were like a beacon of hope for me, a sense of someone or something being there that never fails."

Mr Richardson's remarkable life story, made into a German television documentary last year, begins in Aichach women's prison in Bavaria. "My mother was German and half-Jewish, my father a black American GI, and I was born behind bars after my mother was incarcerated for prostitution. I was sent to a foster home and three years later I was adopted by a black American couple stationed in Germany."

Mr Richardson's adopted father was a master-sergeant in the Army and the family soon found themselves living back in California, but life was hard.

"My adopted mother was depressed and addicted to Valium and I'd come home from school and see her passed out on the floor. After a while my dad left because he couldn't take it and, at 13, I had to become the parent to my mother."

At 17, he ran away from home. It was the beginning of a descent into addiction - first heroin, later crack cocaine - and an itinerant life that would see him drift in and out of prison for robbery and theft. "My addiction took over," he said. "I lived for the next fix. For a while I'd sort myself and get a job - I was a legal secretary - but then I'd hit the self-destruct button again."

Mr Richardson was deported from the US to Germany at 49 and came to London, arriving on a bus from Berlin at Victoria. "I remember stepping into the biting February wind and walking down the street sobbing. I had nothing, not even a proper jacket. I tried to find a homeless shelter, but a key worker at St Martin's told me that I needed to go back to Germany and clean myself up. I was sleeping on the streets for four months and when I got bust stealing a sandwich on Oxford Street, I begged to be sent to prison because at least I'd be warm and fed."

He spent three weeks on remand at Brixton Prison, then a month at the Marylebone Shelter before seeking help from St Mungo's.

Mr Richardson enrolled on a 12-step Narcotics Anonymous programme and slowly, with immense willpower and lots of therapy, began to turn his life around. He has been five years clean and sober, he said, and has married a woman he met on the course and moved into a rented flat in Shepherd's Bush. Streetlytes, founded in 2007, is different from other homelessness charities, he said.

"What sets us apart is that most of the 20 core volunteers who run Streetlytes have been homeless addicts themselves. Unlike other agencies where key workers won't talk about themselves, our unique selling point is that we do. What's more, we are small, targeted and efficient.

"The local Sainsbury's generously provide us with free food, the Salvation Army with a free venue, and we feed over 650 homeless people every month. We've moved 46 people off the streets into independent accommodation, and we've provided a dozen drug awareness workshops to schools and the community, where we talk about our own experiences.

"The essence of Streetlytes is that we reach out to other homeless people and say 'we've been there, we can help, you CAN make it'. They feel more comfortable opening up to you when you've been to prison, hit a pipe, lived in the swamp. Thanks to the Dispossessed Fund, we can deliver comfort and pathway programmes to 500 homeless people this winter. It has been amazing to see some of our service users, like Owen Cook, now housed, going to college and helping out at Streetlytes.

"That is my mission. It is only just the beginning."

The Charity
What does it do?

Streetlytes provides hot meals, warm clothing and housing advice to homeless people.
Amount awarded: £17,250
Where: Westminster and Kensington and Chelsea.

How will the cash be used?
To fund its winter help project - to provide 500 homeless people with "warm winter" packs of clothes, sleeping bags and hygiene kits, as well as hot food and drinks at four drop-in centres across central London.

BILLS WOULD RELAX TERMS OF DEPORTATION LAWS

Admin — Sat, 14 Mar 2009 15:16:54 -0400

Cases

Joao Herbert

date

2001-02-11

source

body

FAMILY HOPES CHANGES WOULD RETURN ADOPTED BRAZILIAN MAN DEPORTED FOR SELLING MARIJUANA
Gina Mace and Marilyn Miller Roane

Akron Beacon Journal

February 11, 2001

Jim Herbert knows it is unlikely he will be able to visit his adopted son in Brazil.

The distance and health problems have spurred him to lobby for changes to the law that deported Joao Herbert.

He thinks if a judge could hear how the 1996 Immigration Reform Act has torn his family apart, Joao would be allowed to come home.

"The punishment doesn't fit the crime," Herbert says, "and someone has to make that right some way."

One bill to change the law has already been introduced into the House of Representatives by Rep. Bob Filner, D-Calif. Two more bills are expected to be introduced in Congress soon.

And the U.S. Supreme Court has agreed to hear a case out of New York that addresses the issue of judicial review.

Joao Herbert and his parents didn't get to address a judge because the 1996 act removed judicial review before deportation. The only thing that mattered was that Joao had been convicted of selling marijuana.

"Had there been a judicial review in this case, I feel Joao's chances would have been excellent to remain in the United States," said his attorney, Margaret Wong. "I've been handling these types of cases for a long time and the only hope now for any justice is to push to change the law."

Filner, who represents the San Diego area, near the Mexican border, said seeing the human ramifications of the 1996 law was "the most emotional experience I have had as a congressman." That's why he's sponsoring legislation to change the law.

"Hundreds of families came to see me, telling me how they or their loved ones were arrested in the middle of the night," Filner said. "These are working people with kids in college. . . . Some committed minor offenses, but paid their debt to society and were raising families."

The 1996 Act, passed in the wake of the Oklahoma City bombing, was intended to rid the United States of foreign terrorists and violent alien criminals. What it did instead, was more than triple the number of immigrants - including legal permanent residents like Herbert - who were eligible for deportation. Because it was retroactive, people who committed minor crimes in the 1970s and '80s were caught in the net."

Immigrants from countries that will not take them back, like Laos, Cuba and Libya, stay in detention indefinitely. Last year more than 20,000 people - four times the number of detainees in 1992 - were in detention on any given day.

Melanie Nezer, of the Immigration and Refugee Service of America in Washington D.C., worked with Rep. John Conyer, D-Mich., to draft the comprehensive Restoration of Fairness in Immigration Act of 2000, which was introduced in Congress but didn't win approval last year. She said Conyers is expected to reintroduce the legislation and a similar bill will be introduced into the Senate by Sen. Edward Kennedy, D-Mass and Sen. Bob Graham, D-Fla.

Nezer said the move to change the 1996 law last year had the backing of Attorney General Janet Reno. Nezer hopes the new attorney general, John Ashcroft, will see the unfairness of the law and support the reforms.

"If the people who are enforcing the law say that the law is wrong and needs to be changed," Nezer said, "that's a very powerful statement to lawmakers."

So many deportation cases in the news lately

silent1 — Mon, 26 Nov 2012 10:24:26 -0500

I do not know whether there has been an increase in deportations recently, or whether it has finally reached the point where people are starting to pay attention to this great injustice. Deportations of adoptees is not a new phenomenon.

I need to keep track of some deportation situations that need cases set up here on PPL, so I making a list on this blog post.
Perhaps if anyone has information about these people, they will forward it to help.

Deportation cases

Adoptee Deportation Issue (blog post)

silent1 — Thu, 29 Nov 2012 12:06:10 -0500

Cases

Tim Yee aka Jungbo Mo

date

2011-11-22

source

Mission to Promote Adoption in Korea

body

TUESDAY, NOVEMBER 22, 2011

Adoptee Deportation Issue
Adoptees that don't have the US citizenships are being deported by the USCIS.

This is the letter I wrote to the US Senator Mary Landrieu of Louisiana, who sits on a committee for the US Department of Homeland Security that oversees the US Citizenship and Immigration Services (USCIS).
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Dear Hon. Landrieu,

My name is Steve Morrison and I remember meeting you at the Adoptee Gathering in DC in 1999. Susan Cox organized the event and she is like my older sister and very close.

Two weeks ago I visited Korea and had a chance to have a meeting with the officials in the Ministry of Health and Welfare (MOHW). I have a real good relationship with MOHW as I have been promoting domestic adoption and also by Korean-Americans to reach out and adopt homeless children for over ten years. I am also an adoptee and the founder of Mission to Promote Adoption in Korea (MPAK), http://www.mpak.com/

During my visit with MOHW, I was told by the officials a couple of adoptees that had the issue of not getting the US citizenship and were living in Korea. They asked me if I could do something for them when I return back to the States.

One adoptee was living in Korea voluntarily (Matthew Scherer), and the other one was deported. His Korean name is Mr. Mo, Jungbo (MOHW didn't know his American name). Mr. Mo was deported after his criminal activities in the US with drugs, and he quickly ran out of money in Korea and became a homeless man in Itaewon.

His story was brought to light and the Korean media featured his story and many people in Korea have expressed outrage at the US. Also the people were outraged at the MOHW for sending him to the US to be adopted, and the officials took a lot of heat from the public.

Korea is at a juncture where its intercountry adoption (ICA) program is continually being criticized and scrutinized with many questions on when it should continue or not. Some anti-adoption groups have used this incident to speak against ICA, and criticized the Korean government (mainly MOHW) for allowing this to happen.

My reaction to the deportation issue was of disbelief. I wondered how a person that was legally adopted into the US as a child could be deported back to Korea just because his parents did not apply for a US citizenship. This despite whether an adoptee has a criminal history or not.

Especially for an adoptee who doesn't speak the language or know of the culture, I could not believe that USCIS would deport him without due consideration as to how he legally entered the country, and that it wasn't his fault for not being registered as a citizen. I felt that USCIS was very callous and inhumane for the way they handled Mr. Mo's case.

After hearing from the MOHW officials on the plight of Mr. Mo, I remember saying to them, "This is not right, and this is not the America I know."

After I came back to the States, I found to my delight, there was a petition drive already on the way. The drive was put out by the Korean Focus through 'change.org' website that is underway.

I urge you to support this peitition and be a voice for adoptees that are not US citizens for no fault of their own, and be a force in stopping the unfair deportations of adoptees. Thank you very much for your time and I believe you can make a difference in this issue. Thank you.

Steve Morrison

Link to sign petition: http://www.change.org/petitions/citizenship-for-all-us-intercountry-adop...

adoption which was an English teacher to rob a bank gangnamseo caught

silent1 — Thu, 29 Nov 2012 10:18:50 -0500

Cases

Man named Kim

date

2012-08-03

source

ChoSun

body

Google translation to English - Original in Korean is below as well attached in a pdf

Photo Caption
Gas guns from Mr. Kim, Gangnam-gu, a bank teller threatening banks closed circuit (CC) TV appearance was taken.

Adoption which was an English teacher to rob a bank gangnamseo caught
Kang yesterday redemption

Said English teacher Kim (39) 2 pm to break the bank, the police assaulted and took money to flee the police station on suspicion of Seoul aquatic arrested is being investigated. Kim was adopted mainly U.S. Arizona 34 years lived in the United States when she was a year In 2007, Korea came back.

Kim threats a day, about four o'clock in the afternoon, Gangnam-gu, Seoul Woori Bank dong station point wearing a white wig to go tellers, cash, checks and are accused of robbing more than 2,000 won. Iron dumbbells, the police in this process, he'd been taken to hitting the back of the head, Mr. Kim (43) Pepper Spray, police said. Bank staff "Kim at the time of the crime to speak Korean. 'Money here Contain' he shouted," police said.

Kim caught a taxi to escape the membrane behind the stolen money taxi driver, Mr. Chamorro (65). Kim tossed up in his taxi, other gas guns as a threat, let the chassi caught Kim's right arm was stubbornly resisted. Mo Kim receiving a 112 call to the police from the scene at the end Fighting was caught. "Parents do not apply for U.S. citizenship, the current police investigation, he Korean nationality" I said "been banished to Mexico to Arizona to stage activities while in the United States as a boss in the middle of a gang activity, authorities uncovered" said

According to the police did not suspect while working as an English teacher, came to Korea by Kim no, Kim deported identity known. "Was arrested at the time of Kim's suitcase folding scythes and swords, steel rod had heard" a police official said. Police is planning to apply for an arrest warrant through the immigration office after identifying the exact identity of the Kims.

-----------------------------

美 입양됐던 영어 강사 강남서 은행 털다 붙잡혀

강씨 어제 구속

서울 수서경찰서는 2일 오후 은행에 침입해 청원경찰을 폭행하고 돈을 빼앗아 달아난 혐의로 영어 강사 김모(39)씨를 체포해 조사 중이라고 밝혔다. 한 살 때 미국 애리조나주로 입양된 김씨는 34년 동안 미국에서 살다가 2007년 한국으로 돌아왔다.

김씨는 이날 오후 4시쯤 서울 강남구 우리은행 개포동역 지점에 흰색 가발을 쓰고 들어가 창구 직원을 위협, 수표와 현금 등 모두 2000여만원을 강탈한 혐의를 받고 있다. 그는 이 과정에서 철제 아령으로 청원경찰 김모(43)씨의 뒷머리를 때리고 가스총을 빼앗았다고 경찰은 밝혔다. 은행 직원들은 "범행 당시 김씨가 한국말로 '돈을 여기에 담으라'고 외쳤다"고 경찰에 말했다.

돈을 훔친 뒤 도주하기 위해 택시를 잡은 김씨를 막은 것은 택시기사 차모(65)씨였다. 차씨는 김씨가 자신의 택시에 올라타 빼앗은 가스총으로 위협하자, 김씨의 오른팔을 붙잡으며 끈질기게 저항했다. 김씨는 112 신고를 받고 출동한 경찰에게 현장에서 격투 끝에 붙잡혔다. 그는 경찰 조사에서 "부모가 미국 시민권을 신청하지 않아, 현재 나는 한국 국적"이라면서 "미국에 있는 동안 애리조나를 무대로 활동하는 멕시코 갱단에서 중간 보스로 활동하다, 당국에 적발돼 추방당했다"고 말했다.

경찰에 따르면 김씨가 한국에 들어와 영어강사로 일하는 동안 아무도 김씨가 강제 추방된 신분인지 의심하지 못했던 것으로 알려졌다. 경찰 관계자는 "검거 당시 김씨의 가방 안에는 접이식 낫과 칼, 쇠막대기까지 들어 있었다"고 말했다. 경찰은 출입국관리사무소 등을 통해 김씨의 정확한 신원을 파악한 뒤 구속영장을 신청할 방침이다.
日文으로 이 기사 읽기

US confirms India intervention in Kairi Shepherd case

silent1 — Thu, 29 Nov 2012 08:48:52 -0500

Cases

Kairi Shepherd

date

2012-05-24

source

India America Today

body

US confirms India intervention in Kairi Shepherd case

ARTICLE | MAY 24, 2012 - 9:21PM | BY TEJINDER SINGH

Kairi Shepherd believed she was an American citizen | Credit: From albums/records of a friend of Kairi
Washington DC - A senior US State Department official on Thursday evening confirmed to India America Today that the Indian government was in touch with their US counterparts about the Kairi Shepherd case, with the official confirming, “We are in contact with India regarding this case.”

During the regular daily briefing at the US State Department, Victoria Nuland, the State Department spokesperson, stated she was uncertain if any communication had taken place, telling journalists, “I don’t know whether we’ve been approached by the Indian side.”

Nuland, however, clarified, “One thing I did want to say about this case, further to what we have said before, is that prior to 2001, US immigration law did not provide for automatic acquisition of US citizenship for an adopted child. The adopting parents had to affirmatively apply or the child had to apply after 18.”

Nuland continued, “That has now changed. As of February 27th, 2001, the Child Citizenship Act provides that a foreign-born child of a US citizen, including an adopted child, acquires US citizenship automatically if, before reaching the age of 18, they are admitted as a lawful permanent resident of the United States and they are residing with and in the physical custody of that adopting parent.”

Answering a question from India America Today on the ongoing Shepherd case, Nuland said, “This case unfortunately arose before that stipulation, but it wouldn’t be the case were the child to have been adopted since February 27th, 2001.”

Earlier on Wednesday, India America Today received a statement from Kairi Abha Shepherd, an Indian-born American resident, adopted into an American family as an infant in 1982 and now facing likely deportation back to India after a recent court ruling upheld the US federal government’s right to remove her from the country. In her statement she denied she was in hiding or was trying to avoid the law and enforcement agencies of the US. She repeatedly thanked the Indian Ministry of External Affairs.

The statement in full:

"My name is Kairi Shepherd and I am making this statement to say "Thank You" to all the wonderful people around the world who have taken my part and are attempting to block my deportation from the United States to India.

I especially want to thank the kind souls in India who are working tirelessly on my behalf and, in particular, the men and women in the Ministry of External Affairs who reportedly may deny the issuance of travel documents, thus preventing my forced departure from America. Their hearts must be filled with compassion and I truly appreciate their efforts as these efforts, quite literally, may save my life.

As many of you know by now, I was orphaned at birth in my birth country, India, and then, orphaned once again, when my adopting mother, after bringing me to America, died when I was very young. Since then, I have become ill with Multiple Sclerosis and have suffered from other debilitating diseases. The deportation order which may force me to part from my physicians, family, and friends here, could be a death sentence to me. But just when I felt most abandoned by the world and life, people from around the globe and all walks of life, have seen my plight and rallied to my defense. Again, I am so grateful.

There have been reports in the press that I am hiding from my government and the immigration enforcement authorities here. I wish to correct these reports. Yes. I am afraid of being deported. Who wouldn't be in my condition? But I have never been in hiding or concealed my whereabouts. And I have no intention of absconding from the law. As evidence of this fact, I have paid publicly for the crimes which I have committed and which have resulted in the order of deportation. I have taken responsibility for my wrongs publicly, suffering the consequences. And I have directed my legal team (all of whom have volunteered pro bono to help me) to cooperate with the immigration enforcement authorities in order to process and resolve my status in a manner that is orderly and fair for all concerned.

I continue to pray that the spirit of human kindness, caring, and compassion, which has been shown to me thus far by all concerned and which we all have come to know and respect from the Ministry of External Affairs in India, will continue to shine forth in my situation. We are, after all, every one of us, pilgrims in this world. I feel this more deeply than ever before in my life. May God bless us all."

On Monday evening (May 21) in an email reply to India America Today, Anand K. Jha, Consul, Consulate General of India, San Francisco said, “This Consulate’s attention has been drawn to the media reports regarding alleged deportation of Ms. Kairi Shepherd to India. India’s Ministry of External Affairs has also received a message from some concerned individuals which the Ministry has forwarded to us.”

“We are currently ascertaining the facts of the matter. The Consulate’s main priority is to ensure the welfare of Indian nationals. So far we have not been approached by any local government authorities regarding any deportation of Ms. Shepherd,” added Jha in his message.

In a written statement to India America Today, Anjali Pawar, director of Sakhee (a Pune, India-based non-governmental organization working on child rights) said the Central Adoption Resource Agency (CARA) in India informed her in an email from J. Pati, Joint Director, “With reference to your mail dated 11.05.2012 about the case of Kairi Shephard adopted in 1982. CARA has not processed the case. However your letter has been forwarded to US Embassy for more information.”

Pawar shared with India America Today that she had also got a response from the Indian Ministry of External Affairs after sending a letter about the case of Kairi Shephard to S. M. Krishna, the Indian Foreign Minister, which stated, “To deport an adoptee, who is further also suffering from multiple sclerosis, is a gross violation of existing adoption norms and undoubtedly a huge human rights violation.”

When asked if the Indian Foreign Ministry or the Indian Embassy in Washington had contacted the US, State Department spokesperson Victoria Nuland said, “I don’t have anything for you on that.”

The story began on a happy note in 1982 when 3 month old Indian orphan Kairi arrived in the US and was adopted by a Utah woman. Her adoptive mother unfortunately died of cancer when she was only 8 years old and at age 17 (still a minor under US law), Shepherd was arrested and convicted of felony check forgery to support a drug habit. She subsequently served her sentence for the conviction.

Now at the age of 30, Kairi Abha faces deportation because Judge Scott Matheson, in a 23-page decision, said the court didn’t have jurisdiction to determine Shepherd’s legal status.

The case is clouded in a maze of technicalities, as the court found there was a failure to file a second appeal through the Board of Immigration Appeals as well as Shepherd attempted to get her petition reviewed prematurely.

The Indian Federal Ministry of Welfare in its guidelines for adoption posted on the Indian Embassy’s (Washington, DC) website (http://www.indianembassy.org/guidelines-for-adoption-of-indian-children....) outline very specific procedures which must take place in order for an Indian child to be adopted abroad. Questions are being raised regarding whether the procedures are actually followed, as 30 year old Kairi Abha faces deportation to a country from which she was uprooted as a 3 month old baby.

Chapter 2 of the “Liaison with Indian Diplomatic Missions,” instructs:

“The Central Adoption Resource Agency shall maintain liaison with Indian diplomatic missions abroad in order to safeguard the interests of children of Indian origin adopted by foreign parents against neglect, maltreatment, exploitation or abuse and to maintain an unobtrusive watch over the welfare and progress of such children.

For this purpose, the Central Adoption Resource Agency shall inform every Indian diplomatic missions concerned whenever an Indian child is taken in adoption or for the purpose of adoption, by foreign parents. The names, addresses and other particulars of such children and their adoptive/prospective adoptive parents shall be supplied to the Indian diplomatic missions as early as possible and in any case before the end of every quarter.”

The chapter states that "Periodical Progress reports of children from foreign adoptive parents as well as from recognized social or child welfare agencies in foreign countries" should be obtained, "to examine such reports and to take such follow-up action as deemed necessary.”

It is unknown whether Periodical Progress reports were obtained in Kairi Abha Shepherd’s case or if CARA followed up after the death of her adoptive mother.

Chapter 6, under “Rights of the Child Taken Abroad,” explicitly notes, “On adoption of the child by the foreign parent according to the law of his/her country, it is presumed that subject to the laws of the land the child would acquire the same status as a natural born child within wedlock with the same rights of inheritance and succession and the same nationality as the foreign parent adopting the child.”

Guidelines penned by a task force of members from voluntary placement agencies under the chairmanship of Justice P.N. Bhagwati (the former Chief Justice of India) declared: “Even after the adoption is legalized, the enlisted foreign agency should maintain contact with the adoptive family in keeping with the need of privacy of the adoptive family and provide support and counseling services, if necessary and safeguard the interest of the child till such time as he/she attains majority.”

It appears the repeatedly orphaned Shepherd was denied her specific “rights of the child taken abroad” from India and that there were widespread failures among the checks and balances designed to protect vulnerable minor children from India who have been adopted abroad.

“She doesn’t have any known family in India, has no contacts, has lost the ability to speak any Indian language and might just die due to her serious health ailment of multiple sclerosis, after being thrown on Indian roads,” declared Pawar, questioning, “Why after her adoption in the US, her citizenship status has not been adjusted?”

“As long children from India adopted by US parents are faced with the threat of deportation, adoptions from India to the US should be halted altogether,” demanded Pawar in her letter to Indian Foreign Minister Krishna.

Stranger in a strange land

silent1 — Thu, 29 Nov 2012 03:07:07 -0500

Cases

Robin Whiteley

date

2009-09-15

source

Lufkin Daily News

body

Stranger in a strange land
Lufkin man adopted as baby living out immigration nightmare in Mexico
By JESSICA SAVAGE
The Lufkin Daily News
Tuesday, September 15, 2009

A man adopted by an American family 35 years ago the day after his
birth has been caught in an immigration nightmare, unable to return to
his family in the United States.

Robin Whiteley, of Lufkin, now spends his days hiding out in a Mexican
border town — a place where the U.S. government says he belongs. He
says he doesn't speak the language and knows no one there, yet U.S.
government officials say he has no legal right to be in America.
)
Lora and Royce Whiteley, of Lufkin, pore over files of paperwork they
have kept over the years on their adopted son's legal status in the
United States. Their 35-year-old son, Robin, has been unable to
lawfully enter the country since his deportation to Mexico, a country
he has never known other than a place listed on his birth
certificate.

Unable to work or lead a productive life in Mexico without a valid
birth certificate, Whiteley said he would likely be jailed if stopped
by Mexican officials because he has no proof of his nationalism.

"I'm a man without a country," he said.

The downward spiral of his immigration status began with a drug
possession charge in Lufkin in 2000. Up until that point, Whiteley had
been going through a lengthy process of becoming a U.S. citizen. He
had received his green card and at 18 become a permanent resident. The
decision to go that route came after his parents had run into
considerable red tape in finalizing his immigration status as a child,
according to Whiteley's mother, Lora.

'Given wrong information'

In 1974, the Whiteleys received a call from a midwife from whom they
had a adopted a baby girl eight years earlier.

"We got a phone call from her wanting us to help. The midwife said she
had a boy needing a home and asked if we would adopt him," said
Whitely's father, Royce.

By that time the parents had four children — three boys and a girl.

"We took a family vote and we all wanted to adopt him," Whiteley said.

His wife, Lora, flew out to El Paso and brought home Robin on Jan. 14
of that year. While state adoption records listed his birthplace as
Ciudad Juarez, his adoptive mother said the government based that
determination on her own statements rather than any outside knowledge.

"There is not one shred of evidence of the exact location of where he
was born," she said.

Six years later Whiteley's adoption decree was finalized. The next
step in the process would be to get his U.S. citizenship.

After receiving his birth certificate from the state, Lora Whiteley
said she contacted immigration and was told she would need to provide
a copy of the adoption decree. The problem was the adoption decree, as
a matter of formality, had been sealed until her son turned 18.

Unable to afford an attorney to guide her family through the process,
the mother went round and round with immigration officials being told
to fill out one thing and then another.

"I feel like we were unjustly treated and given the wrong information
by immigration," she said.

Three years ago she found out the attorney who filed for the birth
certificate had a copy of the adoption decree.

"I didn't know that at the time and no one with immigration thought to
tell me he would have a copy," she said.

Over the years the family has spent an incalculable amount of time
trying to work out Whiteley's residency. Some laws have changed, but
laws in place the year Whiteley was born are still valid today.

"They've made it so complicated," she said.

'Save his life'

Since he was 8 years old Whiteley has called Lufkin home. His family
relocated here after his father landed a job as principal at Central
High School, where he later retired after 27 years in education.

Whiteley began school at Kurth Elementary and went on to Lufkin Junior
High East. After not being allowed to play football on the middle
school team, he began running with a fast crowd, one that influenced
some bad decisions later in life, his father said. The family
instituted "tough love" and Whiteley moved out of the house at 18.

At 26, Whiteley was picked up by police on possession of marijuana
charges in Lufkin. He was sentenced to prison and served two years
before he was deported to Mexico.

A stipulation under immigration law at the time considered any drug
charge an aggravated felony offense if that person were not a lawful
citizen, Whiteley said. That pushed his case into immigration court
where his permanent resident status in the United States came under
question and he was eventually forced across the border to a country
he had never known.

Whiteley stayed three days in Mexico before he sneaked back into his
home country. He was picked up at a work site in Ohio and deported
back to Mexico. That didn't stop him from coming back time and time
again until in 2007 when he was charged with a felony offense for
illegal re-entry — a virtual death sentence for any legal effort to
return to the United States, according to a report published Sunday by
the McAllen Monitor on Whiteley's case.

"In the end, this was my fault," he told a reporter with the Monitor.
"I should have pushed through earlier and gotten my citizenship. I
committed a crime, and I paid that price. But now, I feel like I'm
still being punished."

Whiteley said a lot of people are not able to look past his criminal
record when assessing his case.

"That should have no bearing on my citizenship," he said. "I am a U.S.
citizen by every requirement of the law."

As it turns out, Whiteley's situation is more common than one would
think.

The government has mistakenly locked up, deported or denied entry to
dozens of lawful U.S. citizens based on suspicion alone. A study done
by the non-profit Vera Institute for Justice in 2007 found 322 people
with claims to citizenship detained in 13 of the nation's immigration
prisons, according to the Monitor's report.

For Whiteley's case, there is a ray of hope in a bill being drafted by
Congress. U.S. Senate Bill 1359, introduced by Sen. Mary L. Landrieu
(D-La.), amends the Immigrations and Nationality Act to give automatic
citizenship for a child adopted outside the United States by a U.S.
citizen parent. The bill called the Foreign Adopted Children Equality
Act or the FACE act applies to those over and under the age of 18. If
passed, Whiteley could be given citizenship.

Until that time comes, Whiteley said he is trying to do anything he
can to get back to his family. He has four children — two young ones
and two older ones.

"I've missed a lot of their life due to what's going on now. I just
hope one day that it all can change," he said.

Whiteley has resorted to media coverage in hopes that someone familiar
with immigration law can help him get home.

"He's trying to do everything he can to save his life," his father
said.

For 'man without a country,' tribulation trumps trial

silent1 — Thu, 29 Nov 2012 02:59:31 -0500

Cases

Robin Whiteley

date

2012-04-25

source

The monitor

body

For 'man without a country,' tribulation trumps trial
Monitor (McAllen, TX) Wednesday April/25/2012

April 25--ON THE HIDALGO-REYNOSA INTERNATIONAL BRIDGE -- He won at trial, but still finds himself back in Mexico.

Jurors acquitted Robin Whiteley of illegal re-entry March 26 in U.S. District Court in McAllen.

The victory for Whiteley, 38, was a long shot for a man born in Mexico and adopted by Texan parents days after his birth, only to find himself deported to a country he considers foreign following a drug conviction more than a decade ago.

Whiteley had hoped the jury's decision could give him a new chance in front of an immigration judge and avoid a forced trip south of the Rio Grande for a seventh time.

That didn't happen, though. Whiteley was deported March 29 -- the same day his story of winning the illegal re-entry case appeared in The Monitor -- and is back in a country he still says isn't his home.

"I'm here," he said in an interview on the Hidalgo-Reynosa International Bridge, the closest he can come to the U.S. without being arrested. "Trying to do the best we can. See where we can go from here."

Whiteley was found not guilty of illegal re-entry after he told the jury of how he was forced into a Reynosa immigrant stash house with dozens of others, mostly Central Americans, forced to pay ransom to leave.

When his mother wired him $600 -- and armed thugs took the $400 in cash he had with him -- Whiteley said he was forced by the smugglers to cross the Rio Grande in April 2011 -- back into the U.S., even if he knew it'd further jeopardize his slim chance at American citizenship.

After the not guilty verdict, Whiteley and his lawyer, Nigel J. Cohen, were in the process of filing an asylum request with the Board of Immigration Appeals, saying they'd proved he was kidnapped and held hostage in Mexico.

That appeal wasn't filed by the time Border Patrol agents and Immigration and Customs Enforcement deported Whiteley to Matamoros.

Whiteley described the tour of detention facilities he took after his trial ended -- first to Harlingen'sBorder Patrol station, then to a similar facility in Weslaco. There, one of the Border Patrol agents who testified against him met Whiteley face to face, he said.

"He said I'm a lying son of a b--, said I lied on the stand and that my mom lied on the stand," Whiteley claims. He said the agent continued, telling him he was "lucky" and "we know you are full of crap."

Whiteley maintains that he was kidnapped and taken to a stash house under armed guard by Gulf Cartel enforcers, where one of those detained was beaten to death with a board.

"I'm sticking to my story because I know it's true," he said. "I don't have to lie about it. It's true."

By the afternoon of March 29, after spending the night at the East Hidalgo Detention Center in La Villa -- a facility Whiteley spoke out about in federal court earlier this year -- he was on a bus headed to Brownsville, where he was walked onto an international bridge and told to not come back.

But the agents had forgotten to take his fingerprint before he signed his deportation order. So they improvised, Whiteley said.

"They didn't have my fingerprints or the fingerprint pad, so on the side of the bus tire, they said to rub your finger across here and make a print on this paper for us," he said. "I'm thinking in my head, 'I don't know if this is right, but what choice do I got?'"

Whiteley said he told the agent he wanted to formally dispute the grounds of his deportation, saying he was a citizen. He said the agent refused to let him.

Cohen, the attorney, said he plans to file an appeal to the 5th U.S. Circuit Court of Appeals and the Board of Immigration Appeals in an attempt to reverse Whiteley's initial deportation order from 2000, after he was convicted of felony possession of marijuana.

At that time, such an offense could lead a U.S. permanent resident -- Whiteley's immigration status at the time -- to be deported. State law has since changed, so that such a drug offense does not qualify as an aggravated felony.

Any decision on whether Whiteley's case will be considered on appeal is expected to take several months. For now, he said he has no plans to stay in Reynosa, nor does he anticipate returning to the country he calls home anytime soon.

"I've always said I have faith in God," he said. "God showed me who was stronger. I still have faith. I still have faith that something good is going to happen."

Jared Taylor covers courts and general assignments for The Monitor. He can be reached at jtaylor@themonitor.com and (956) 683-4439.

Adoption activist arrested for illegal re-entry

silent1 — Thu, 29 Nov 2012 02:53:53 -0500

Cases

Robin Whiteley

date

2010-02-23

source

Valley Central

body

by Sergio Chapa

A man who has become a poster child for complex citizenship laws in adoption cases has been arrested for illegally re-entering the United States.

U.S. Border Patrol agents arrested Robin Neal Whiteley on a felony illegal re-entry charge over the weekend.

Court records filed in his case show 35-year-old Whiteley was caught near Hidalgo on February 18th.

Whiteley's case has been profiled in the Fort Worth Star-Telegram and other media outlets as an illustration of a Catch-22 between immigration and adoption laws.

The Star-Telegram reported that Whiteley was born in Mexico but adopted by a Fort Worth couple as a baby.

The newspaper reported Whiteley obtained legal residency and has two American-born children but was convicted in a felony drug case and deported to Mexico in 2002.

The 35-year-old man took up residence in Reynosa where he pleaded his case with media outlets to draw attention to his case as well as complex international adoption and citzienship laws.

Whiteley appeared before U.S. Magistrate Court Judge Dorina Ramos on Monday.

A criminal complaint filed in Whiteley's arrest shows that it's his fourth time to enter the United States illegally.

Whiteley had previously been deported in Laredo in May 2008 and had served six months in jail for another illegal immigration case in October 2007.

Judge Ramos denied bond for Whiteley until a Thursday morning hearing.

Under federal law, Whiteley could face up to 10 years in federal prison if convicted in the case filed this past weekend.

A one-way ticket out of only nation he knows

silent1 — Wed, 28 Nov 2012 10:59:16 -0500

Cases

Mario Perez

date

2003-07-16

source

body

<Excerpts>
Margaret Philp,
social policy reporter, Toronto Globe and Mail:

"Mario Perez was less cunning thief than punkish teenager looking to
hock stolen goods for cash to buy clothes, alchohol and mariujuana -
and clumsy enought to leave clues behind. He did not know police were
on his trail until they ambushed him in a Brantford, Ont. park after
his string of break-ins. Even less did he suspect that the five months
he would serve in jail on four counts of breaking and entering would
be the least of his worries. A few days before he was sprung, he was
handed a deportation order that would be his one way ticket out of the
only country he knows.

The Immigration Department wants to sent the lanky 19 year old, who
speaks barely a word of Spanish, back to to Mexico, a country where he
knows no one. Branded a serious criminal in Canada, his would appear
to be an open-and-shut case for deportation.

But his story is not so simple , and Canada's move to push him out of
the door is a blow from the country that ushered him in, only to allow
him to be dumped into the child welfare system where he was raised as
a Canadian.

At the age of two Mario was placed in a hard-scrabble Mexican
orphanage with his infant sister by a dirt-poor young mother who has
since died.

A few years later the children were brought to Canada by a would-be
adoptive mother who made little secret of wanting only a girl. Mario
was abandoned to the children's aid society less than two years later.
Raised as a government ward in foster care, he was never granted legal
immigrant status. no one applied on his behalf for permanent residency
or citzenship, and it did not matter while he was a crown ward in Ontario.

But when he became an adult last year and months later was convicted
of the break-ins, his deportation was automatic.

Lawers hired by the Catholic Children's Aid Society in Toronto, where
he was surrendered more than a decade ago, have filed a last-ditch
appeal for him to remain in Canada on compssionate grounds.'

'Three years after he was abandoned in the orphanage, a Canadian woman
flew to Guadalajara to adopt a beautiful dark-haired four-year-old
girl named Gabriela, only to be told that she could not leave without
the child's five-year-old brother.

She returned to Toronto with both children but she turned Mario over
to the CAS, saying she could no longer manage the impulsive,
aggressive, disturbed eight -year-old boy.

"He was very energetic. He was really quite adorable' , remembers
Louise taylor, a Catholic CAS social worker who has been his
caseworker for most of the past decade. "He had to show me how fast he
could run. That, and getting an ice-cream were his priorities."

The woman Mario considered his mother never returned to visit him
while he was in foster care. She refused to hand over a photograph of
his sister, and ruled out visits to her. After mario cried for his
favourite stuffed pink bunny, she told social workers it was no longer
in her possssion.

Since the day he entered foster care, Mario has yearned to see the
sister who is his only family.

After a child psychologist suggested he should be in contact with his
sister, Mario won the right to see her in a precedent-setting court
battle that allowed access to biological siblings after an adoption.
But the victory was snatched away when the adoptive mother slipped out
of the country with his sister.'

Argentine adoptee is spared deportation

silent1 — Wed, 28 Nov 2012 10:46:17 -0500

Cases

Marisa Carlson

date

2001-04-20

source

body

Staff Columnist - Pioneer Press
Published: Friday, April 20, 2001

Argentine adoptee is spared deportation

Ruben
Rosario

Miracles don't just happen on 34th Street, or on a sports field, or in a
hospital or a church. They sometimes happen inside a nondescript federal
immigration detention center in the middle of Bloomington, Minn.

In a stunning turnabout that a federal immigration judge characterized as
``rather unprecedented,'' local U.S. Immigration and Naturalization Service
officials on Thursday halted deportation proceedings against a 25-year-old
Argentine-born woman who was illegally adopted as an infant by an American
couple and raised in this country. Marisa Patricia Carlson faced imminent
deportation after she was caught trying to buy groceries with a forged check at
a Rainbow Foods store in Maplewood early last year, her second felony in two
years.

Nonviolent felonies committed by noncitizens were included among a variety of
deportable offenses under a controversial retooling of federal immigration laws
in 1996.

On Thursday, however, INS officials agreed not to deport Carlson if she
successfully undergoes long-term drug treatment and remains crime-free,
according to INS officials.``This is unbelievable,'' Carlson said after
learning of the decision. ``It's all up to me now to change. I know this is my
last chance.'' Carlson, who blames a crack cocaine addiction for much of her
criminal behavior, had received a one-time deportation reprieve two years ago
from Immigration Judge Joseph Dierkes after she committed her first felony by
trying to buy merchandise at the Mall of America with a stolen credit card. She
was warned she would be deported if she reoffended. Carlson has served state
prison and jail time for both offenses.

Twenty-five years ago, Gary Carlson, now a real estate agent in Apple Valley,
paid a midwife $300 for the infant girl, partly out of a desire to adopt a
second child and also out of fear that the orphan girl would get swept up by a
rising tide of political unrest in Argentina.``I'm not against her paying for
her crimes,'' Gary Carlson told me in a column published April 2 in the Pioneer
Press. ``But this seems unfair. She was raised here. She can't speak a word of
Spanish. She has no one in Argentina. I may never see her again if this
happens.''

Carlson, a single mother who transferred guardianship of her 4-year old
daughter to her adoptive mother in Michigan, seemed resigned to her fate. But
her plight struck a mixed chord with many readers.Parishioners at the Church of
the Risen Savior in Burnsville mounted a letter-writing campaign and expressed
their concerns over the case to INS district director Curtis Aljets, U.S. Sens.
Paul Wellstone and Mark Dayton and other office-holders.

In the end, the unlikely miracle worker turned out to be the same entity that
launched deportation proceedings against her. Although Marisa Carlson's second
felony conviction erased any further judicial reprieve, Congress allows INS
officials discretion on a case-by-case basis. Such discretions occur before
proceedings are conducted, which makes Marisa's 11th-hour reprieve a
rarity.``I'm speechless,'' said Karen Ellingson, a veteran immigration lawyer
and executive director of the Immigrant Law Center in St. Paul who appeared
with Carlson. ``This is virtually unheard of, given her circumstance.''

Aljets received 75 letters as well as a petition signed by 20 Twin Cities
residents.``I could have removed her and just let it be,'' Aljets said. ``But
we felt that she had not been given a fair chance to redeem herself and get
into a drug treatment program. We also acknowledged that she wasn't a party to
the circumstances of how she was brought to this country.

``She's still not home free,'' Aljets stressed. ``We've just given her a second
chance to turn her life around.'' Carlson will remain in INS custody until she
is placed in a treatment facility within two weeks.Carlson, her face smeared
with tears and her hands cuffed in front of her, tried to hug her father, her
fiance and other supporters after the hearing. ``This is like a miracle from
heaven,'' her father said. ``It's all up to her now.''

'Right' decision on boy's U.S. citizenship backfires

silent1 — Wed, 28 Nov 2012 09:33:52 -0500

Cases

Adam Carrigan

date

1997-05-11

source

body

Star Tribune: Newspaper of the Twin Cities - May 11, 1997

`Right' decision on boy's U.S. citizenship backfires, Deportation looms for Colombian adoptee as church, family protest immigration law

Sometimes, when the struggle seems overwhelming, Julie Carrigan remembers that beautiful day a dozen years ago when the world seemed filled with joy and hope. Oh, what a day of celebration it was. The Carrigans' new son, a street child from Bogota, Colombia, was coming home to his new family, his new country. Allen and Julie Carrigan and their two biological daughters, Robin and Kelly, were at the airport to greet an 8-year-old boy they named Adam. They were...