URGENT: Stop Deportation of DR. GUAN C. LEE
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Please Stop the Deportation of Dr. Guan C. Lee
1. “Erroneous legal advice” was provided to Dr. Lee by a USCIS
Dr. Lee was given “erroneous legal advice” and a wrong form
from a USCIS officer at a USCIS Infopass appointment in June
2004. To her detriment, she relied on the advice given to her by
the USCIS official, that ultimately, led to her being placed in
deportation proceedings and having a deportation order entered
against her by an immigration judge.
From 2004 through 2009, Dr. Lee believed she was working
towards legalizing her status in the United States based upon the
various applications that were pending with USCIS and the
information she received from USCIS relating to the status of
those applications. As time passed, with each communication Dr.
Lee received from USCIS, she believed that her case was working
towards a resolution and that she would be given U.S. citizenship,
ultimately. In March 2009, she applied for naturalization,
attended her naturalization interview in October 2009, and
passed the English and Civics exam. She understood from the
interviewing USCIS officer that she would be receiving an Oath
Ceremony letter by mail. But instead, she received a denial of her naturalization
application and a notification that USCIS was placing her in
removal (deportation) proceedings. She attended three (3) immigration court
hearings that concluded in September 2011 when the
immigration judge entered an order of removal against her.
Since that time, ICE has favorably exercised prosecutorial
discretion by approving the applications for a Stay of Removal
filed annually. That is, until President Trump entered office. ICE
will no longer authorize her to remain in the U.S. and is planning
to deport her to Malaysia when she reports to their office, as
required, mid-October 2017.
2. Dr. Lee entered the U.S. legally in F-1 student status and maintained her
status from August 1992 – June 2004. She has lived in the U.S. continuously for over 25 years.
Dr. Lee legally entered the U.S. with a F-1 student visa when she
was 16-years old to attend Winona State University. She
graduated from Winona State and went on to attend medical
school. She graduated from medical school in June 2004. Dr. Lee
maintained valid F-1 visa student status from the time she
entered the U.S. in August 1992 through when she graduated from
medical school in June 2004.
3. The facts & circumstances present in Dr. Lee’s case justify
DHS to favorably exercise discretion. ICE should grant a Stay of Removal to Dr. Lee or grant her Deferred Action.
The most recent application Dr. Lee made to DHS/ICE St. Paul Field Office was denied. And the reason given by the ICE office runs counter to the fundamental
principles of prosecutorial discretion, as well as, the guidelines set
forth by DHS Secretary Kelly in his February 2017 memo providing guidance on enforcement to all DHS offices. Specifically, the Kelly memo prioritizes certain aliens for removal who largely fall into the category of criminal aliens and those who
otherwise pose a threat to public safety or national security. Dr. Lee has no criminal record and in no way poses a risk to public safety or national security. As well, the Kelly memo directed for prioritization of removal resources (i.e. personnel and money) to those identified as priorities for removal and it directs DHS officials to continue to exercise prosecutorial discretion on a case-by-case basis, such authority was not revoked.
4. Dr. Lee’s patients would nearly be impossible to transfer to another doctor
for continuing care.
Dr. Lee has spent countless hours studying and learning the
particularities of her patients’ medical histories. She has
developed a plan for their care and treatment that cannot simply
be transferred to another physician to resume or see through. As a
Naturopathic physician, Dr. Lee specializes in "integrative
medicine" whereby she, as the “treating” physician, identifies the
particular needs of her patients, provides certain treatments
directly, and for other treatments she secures another medical
specialist to provide specific treatments or perform certain
procedures that she does not do. This collaboration with other
specialists is done in furtherance of achieving the optimal
treatment for her patients. The development of this collaborative
relationship between Dr. Lee and other medical specialists is
symbiotic and, again, is not something that can easily be maintained or
transferred to another physician if Dr. Lee is deported.
5. Dr. Lee’s cancer patients are high risk & require her care
At this time, Dr. Lee is in the midst of providing treatments to
numerous cancer patients, who stand to lose their life, without her
continued medical care. And for Dr. Lee’s patients who suffer
from chronic illnesses, their quality of life and the regulation of
their illness will suffer immeasurably from the loss of Dr. Lee’s
regular and continuing care that would be a consequence they would bear resulting from her deportation.
6. Dr. Lee is a licensed, naturopathic physician (ND), as well as,
a certified medical technologist and certified laboratory
scientist and clinical lab scientist: she is not a “holistic” doctor or
Dr. Lee obtained her degrees from accredited universities in the United States:
Winona State University in Winona, Minnestoa and National
University of Natural Medicine in Portland,Oregon, respectively.
She has passed all professional licensing medical board exams and
certifications required for her to practice medicine as a
naturopathic physician (N.D.) in the states of Minnesota and
Washington. A licensed naturopathic physician (N.D.) attends a four-year,
graduate-level naturopathic medical school and is educated in all
of the same basic sciences as a medical doctor (M.D.), but also studies holistic and nontoxic approaches to therapy with a strong emphasis on
disease prevention and optimizing wellness. In addition to a
standard medical curriculum, the naturopathic physician (N.D.) also
studies clinical nutrition, homeopathic medicine, botanical
medicine, psychology, and counseling. A naturopathic physician (N.D.)
takes rigorous professional board exams so that he or she may be
licensed by a state or jurisdiction as a primary care general
7. Legislation directed at “Dreamers” will benefit Dr. Lee, but
only if she is physically in the United States.
Dr. Lee is a “dreamer” for all intents and purposes. It would be
unconscionable to deport Dr. Lee at this time in light of the
totality of the circumstances, including: the procedural
complexities of her immigration history including USCIS’
negligence/misconduct; the length of time she has lived in the
United States (over 25 years); her educational and professional
accomplishments; her significant and strong community ties; her lack
of criminal history; the real fear she has of being forcefully
returned to her home country of Malaysia having converted from
Islam to Christianity; the fact that her deportation will cause her
to be barred from returning to the U.S. for a period of 10-years; if
deported, the fact she does not qualify for an I-601 waiver to
waive the 10-year bar for unlawful presence because she does not
have a qualifying relative; the countless benefits she has already
bestowed on many Minnesotans and will continue to do provided
she is allowed to remain living and working in the U.S.; and the
many other humanitarian factors present in her case that support
a favorable exercise of prosecutorial discretion.
The reality of Dr. Lee being able to legalize her status may be more of a reality now than ever before by way of new legislation enacted by Congress to benefit “dreamers”. For example, if the Dream Act of 2017 (S. 1615) becomes law, Dr. Lee would be eligible to pursue legalization through it. However, she would only be able to realize this outcome if she is here, in the United States.
Applicant: Guan C. Lee
U.S. Senator Al Franken
Miranda Morgan Lilla
Deputy State Director
Constituent Services Director
Office of Senator Al Franken
60 Plato Blvd. East, Suite 220
St. Paul, MN 55107
Phone: 651-221-1016 (office)
U.S. Senator Amy Klobuchar
Clara A.G. Haycraft
Deputy State Director for Constituent Services & Administration
1200 Washington Avenue South, Room 250
Minneapolis, MN 55415
Main Line: 612-727-5220
Main Fax: 612-727-5223
Toll Free: 1-888-224-9043
U.S. Rep. Tim Walz
(Rochester District Office)
Kyle J. Hoffman
Constituent Services Advocate
1202 12 7th Street NW, Suite 211
Rochester, MN 55901
Toll free: 877-846-9259
Dr. Lee's Immigration Attorney
Malee M. Ketelsen-Renner, Esq.
Ketelsen Renner, PLLC
7800 Metro Parkway
Bloomington, MN 55425
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