Richard Hujber, Esq.Boynton Beach, FL, United States
May 10, 2018
Unfortunately, we have a double dose of bad news to report in Javier's case. We have received two (2) denials in the last week. First, we received a call from the Washington, D.C. headquarters office of U.S. DHS/CBP (Customs and Border Patrol). The Director Of Law Enforcement Programs and Policy at DHS/CBP in DC made this "courtesy" call, because of the compelling nature of our case. He was calling about our request to their Headquarters office, and specifically their Chief Counsel, to reconsider the decision by Houston CBP, denying our request to rescind/revoke the expedited order of removal (and 5 year bar) which were issued against Javier 16 years ago. He said that their office cannot override or reverse a decision made by the DHS/CBP field office where the "encounter" took place- which of course was the CBP Office in Houston (Airport). He said it was "definitely worth a second look," and that we raised "very valid points," and he obviously did review our request and the file. But, they could NOT reverse or override the decision made by Houston CBP. This was very disturbing to hear because I reminded him that Javier was never allowed a chance to see a judge, there was apparently no translator, and he was never told about the 5 year bar - never mind what an "expedited order of removal" even meant or its consequences - when he was summarily removed/deported 16 yrs ago from the Houston Airport. In addition, in his sworn statement, Javier clearly stated to the CBP Officer in Houston that he did NOT understand what they were saying to him or their questions. The Director of Law Enforcement Programs and Policy at DHS/CBP in DC then said "he shouldn't have signed" this sworn statement. That is fascinating, but the problem is that at that time - just after 9/11 - these brand-new expedited removal procedures were not only brand new - they were being implemented in a very harsh manner. This has evolved and changed for the better in the last 15 years, but too late for Javier's case. Javier was essentially threatened with years in jail, and intimidated & coerced into signing this statement. ANYONE in that situation would have signed it. None of this seemed to matter, but he wished us the best, and again agreed that this is a very compelling case. That is very true, but this is obviously VERY BAD news for our case. Today, we received a written decision from the WPB Office of US DHS/USCIS, denying our application for permanent residency, along with the waiver. They cited the Houston decision denying our request to revoke/rescind the expedited order of removal from 16 year ago., and said Javier is not eligible for a green card. At this point, the only case we have left is our request for a humanitarian parole which we filed a month ago. The contact information for DHS/ICE in Washington, DC, where this request is pending, is below. Unfortunately, we have no telephone #, fax#, or even an e-mail address for this office. We can only suggest that letters be sent to this office, with the information of: Applicant: Gonzalez, Francisco Javier, A#078-994-383 Sponsor: Gonzalez, Tara, U.S. CITIZEN Wife We also again suggest that calls and emails be made to your respective members of Congress - both Senators and Representatives, whether Democrat or Republican. Immigration is federal in nature, and only federal legislators can potentially assist in this case. This urgent and compelling case does not involve a hearing, a judge, or litigation. It seems that Javier's life, his future, and that of his family, all hinge on a package we sent to this office a month ago. Yet, this is a humanitarian matter which implicates the inherent discretion which EVERY government agency has - including DHS, and specifically ICE, CBP, and USCIS. So far, other than extensions granted by ICE, this discretion has not been exercised in a positive manner. We can only hope and pray that DHS, and specifically ICE in Washington, D.C., exercises this inherent discretion in a positive manner and GRANT this humanitarian parole for Javier. Frankly, it seems Javier would be happy to receive a temporary parole, which would allow him to raise and support his three (3) beautiful U.S. citizen daughters in this country, something he will not be able to do from Mexico. I do not need to say how devastating it would be to consider the possibility of this family uprooting their lives and moving to Mexico, a country with serious problems, including crime, violence, gangs, drugs, and instability - a country this family has never lived in or even visited - because of these serious problems. U.S. Department of Homeland Security Immigration and Customs Enforcement ICE ERO/POCRU MS-5204 Attn: Humanitarian Parole 500 12th Street SW Washington, DC 20536-5098
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