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Bloggings on Deportation And Removal

by Matthew Kolken

Business as Usual: Less than a Week Later ICE cites John Morton Memo Denying Stay of Removal for DREAMer

The ink isn't even dry on the Obama administration's latest public relations stunt, and ICE continues to deny requests for prosecutorial discretion under the "authority" of the previous Morton memo.  The new deferred action memo was issued last Friday, June 15, 2012.  

Four days later, on June 19, 2012, DREAMer Henry Rocho made a desperate plea to the Obama administration to stay his removal.  His request was summarily denied.  Senator Mary Landrieu (D-Louisianna) intervened on Henry's behalf.  


On June 20, 2012, ICE's New Orleans Field Office Director Phillip T. Miller told Sentor Landrieu that Henry did not warrant a favorable exercise of prosecutorial discretion because he had a criminal conviction for petting a police horse.  This egregious act resulted in his characterization as a serious criminal requiring deportation.

Director Miller indicated that the only prosecutorial discretion ICE was willing to exercise was to release Henry from custody so that he could prepare for his imminent deportation.  

Thanks for nothin'.

This doesn't surprise me in the slightest.  Yesterday, a DREAMer reported to me that ICE's Detroit Field Office allegedly told him that they have no intention of implementing the new prosecutorial discretion memo, and that business will continue as usual.

The Obama apologists have assured us all that the results will be much different now that the new memo has been issued.  Apparently not.

Stop drinking the Kool-Aide people. 

The following was taken from the website.  I urge you to take immediate action.

Henry Roche, a 26 year old resident of New Orleans faces the devastating reality of being removed from his family and deported to Guatemala in less than one week. Despite having lived in New Orleans for the past 6 years, ICE sees Henry and his family simply as a deportation case. They believe that separating his family and sending Henry back to Guatemala, the country where Henry and his family had faced acts of violence, extortion and a real concern for their safety, is justified as a moral action to be taken.

After being followed and threatened again by local criminals in Guatemala and experiencing the failed action of the local police to address the reports that he and his family had filed, Henry decided to take his dreams of becoming a dentist and join his family in the US. Henry’s family came to New Orleans to seek refuge and reunite with their relatives who have resided in New Orleans for over 36 years serving our country in the US military. A graduate of accounting from Guatemala, Henry came to the US to join his family and develop a better and safer life for himself. 

Denied of political asylum despite having legitimized police reports of Henry and his family’s life threatening experiences, ICE then turned to assign a deportation order for the whole family. Henry, who also graduated with a accounting degree from Guatemala, has made the most of his opportunity living in the city, which has become his home, by splitting his days working and attending Delgado Community College part time in order to achieve his dream to become a dentist. 

According to the memo issued by John Morton, Henry is a low-priority case and should be granted favorable use of prosecutorial discretion. If Henry is to be deported, not only will he be separated from his family, but his life may be put in grave danger from unstable security in Guatemala. 

Click here to sign the petition to stop Henry's imminent deportation.

About The Author

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).

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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