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Tuesday, July 22, 2008

The Land of the Free, or a Dominican family’s nightmare?



Opinion - 22 July 2008, 3:05 PM


My name is Mercedes Seijas, a U.S. Citizen and resident of 1209 Fairmont Avenue, Elizabeth, New Jersey 07208. Felix Seijas immigration case number A71-490-769, my husband is presently in immigration custody at Hudson County Jail for supposedly “failure to appear” for an immigration appointment.


For a decade and a half, my husband has been fighting his case before the Immigration Court, Board of Immigration Appeals, and a Stay-of-Deportation at the federal level, (Habeas Corpus); including but not limited to an application for naturalization to U.S. Citizenship. This was initiated when a New York District Immigration Judge refused to change his venue to the jurisdiction of Newark Immigration Office, on account of my husband’s attorney winning a previous case against said judge. Any motions suggested by my husband’s attorney were muted because of the judge’s prejudice against him.


One of the grounds for denial of change of venue was that I gave birth to our second daughter Paloma: 1.That the birth of our daughter and the purchase of a home in Elizabeth, New Jersey were a ploy to remain in the United States, 2. If my husband were to be deported to his country of origin, the Dominican Republic, we would not suffer grievously; 3. The separation from our two daughters would affect our household. Not taking into account the addition financial hardship caused by the separation and the possibility of becoming a charge to the state.


On repeated occasion we have been to Immigration appointments, court hearings, and interviews to no avail. What we would receive in exchange for our efforts was, “you’ll get a letter in the mail”. Last week my husband was picked up by the Immigration Service for “failure to appear”. Come to find out after a trip to 970 Broad Street, in Newark and a visit to the First Fidelity Bond Office that my husband had exhausted all avenues for relief from deportation. A Stay-of-Deportation is presently pending but I was told that unless an immediate approval notification was received from the Federal Court he would be deported within two weeks.


The Immigration Judge’s personal vendetta with our former attorney denied my husband due process of law by not having an unbiased judge try the case. Where the justification for an Immigration Judge to separate a wholesome family, destroy the relationship our daughter have with their father during their father have with their father during their formative years, and driving to financial ruin our very livelihood and existence?


The Immigration Judge’s personal vendetta with our former attorney denied my husband due process of law by no having an unbiased judge try the case. Where is the justification for an Immigration Judge to separate a wholesome family, destroy the relationship our daughters have with they father during their formative years, and driving to financial ruin our very livelihood and existence?


I request that this injustice does not follow throw; that an investigation reveal the real motive behind the Immigration Judge’s decisions; and call into question the Immigration Service’s lackadaisical attitude when we unsuccessfully tried (by phone or in person) to get answer to our question but got the run-around repeatedly instead.


It’s a sad case indeed when struggling working class families feel so disenfranchised from their own government. When the American Dream is pulled from right under you, like a rug, and one feels so helpless that loses faith in this Democratic system. It reveals that in this new millennium America is drifting away from the values of the Founding Fathers of this country.


Source: http://www.dominicantoday.com/dr/opinion/2008/7/22/28758/The-Land-of-the-Free-or-a-Dominican-familys-nightmare/comment-posted#comments-note