The LA times reports that the Obama administration has been deporting immigrants that have obtained court ordered stays of removal. The Times cites the case of 20-year-old Nelson Javier Avila Lopez whose lawyer obtained a court ordered stay of removal. Despite the stay, Lopez was unlawfully deported to Honduras in October where he died alongside 360 other trapped inmates that were killed in a Honduran prison fire.
The Times asked the question: is this an isolated incident or a pattern and practice of the administration ignoring court orders.
I don't know the answer, but it should be noted that if an individual departs the United States during the pendency of an appeal to the BIA the appeal is withdrawn. Seems like an easy way to dispose of those pesky appeals.
Why does it take national press coverage for this administration to actually do what it is telling the world that it is already doing?
If this story didn't make national news, this young girl's bright future would have been extinguished by this administration. Mind you, she is not out of the woods yet, remaining in immigration limbo, and will face deportation again in 2014.
I find it absolutely sickening.
Here's the story:
"The valedictorian of a Florida high school who was close to being deported has won a reprieve from the Department of Homeland Security, which is deferring action for two years.
Attorney Nera Shefer's office received notification from the Department of Homeland Security Tuesday that Daniela Pelaez was given a deferred action for two years."
Click here for the original source.
Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).