Stop the Deportation of DREAMer Jose (JB) Librojo A073 956 802
DREAMer Jose (JB) Librojo [A073 956 802] needs our help right now. He is a California resident and Dream Act-eligible candidate who came to the United States lawfully as a child and has lived in the country for 16 years. At this time, Immigration and Customs Enforcement (ICE) officials are trying to deport him back to the Philippines, despite his positive contributions to society. He has earned a high school diploma from Westmoor High School in Daly City, CA and a Bachelor’s of Science degree in Biology from San Francisco State University where he also studied pre-med to become a dentist. Furthermore, he has never committed a crime and has filed his income tax return on a regular basis since finding legal and lawful employment in the U.S as a full-time Registered Dental Assistant and Dental Lab X-Ray Technician. He is also a member of Alpha Phi Omega National Service Fraternity.
Jose has been approved for an I-140 immigrant visa, which will allow him to adjust his status and become a permanent resident/green card holder, however DHS refuses to reopen his case for this to occur. In addition, under ICE Policy Number: 10075.1 released June 17, 2011 by ICE Director John Morton, and in an announcement on August 18, 2011 from the White House, Jose does not meet the standards for priority deportation. We request that DHS defer Jose’s deportation; and/or by requesting that DHS reconsider their decision to decline a joint motion to reopen Jose’s case to permit him to adjust his status to permanent resident.
A joint motion will allow Jose’s case to be remanded from the Board of Immigration Appeals back to the immigration judge so that the case can be administratively closed. These are both forms of prosecutorial discretion identified in ICE Policy Number: 10075.1 and the August 18, 2011 announcement from the White House.
Mr. Jose Librojo is a shining example of the President’s & the Department of Homeland Security’s motivation to prioritize cases so that prosecutorial discretion can be used. Jose is nearing completion of a ten-year process pending the re-opening of his case. Despite a number of positive achievements, his case was denied, forcing him into a difficult situation and timetable. Mr. Librojo should not be a priority for deportation under the new ICE/DHS guidelines. Instead, his case should be reopened to allow him to obtain legal permanent status to reside in the United States.
This is an urgent request to defer Mr. Jose lsabelo Carandang Librojo’s deportation [A073 956 802]; and to request that Department of Homeland Security reconsider the decision from February 10, 2011 to decline a joint motion to reopen Mr. Librojo’s case and permit him to adjust his status to permanent resident.
This request is being made because of the June 17, 2011 Morton Memorandum entitled "Civil Enforcement: Priorities for the Apprehension, Detention and Removal of Aliens" where it declares that the highest enforcement priorities for deportation are set on national security, public safety and border security.
Mr. Jose lsabelo C. Librojo is a Filipino national who entered the United States when he was only 15 years old on June 26, 1995. He entered with a valid a visitor visa. Mr. Librojo never accrued unlawful presence considering that his family filed an application for political asylum during the time that his visitor's visa was still valid in 1995. He has been issued employment authorization cards every year and his latest one has just recently expired in September 2011.
On June 22, 2011, Mr. Librojo received a bag and baggage letter from the Department of Homeland Security scheduling him to depart from the United States on August 2, 2011. A few days before the letter was sent, the Morton Memorandum was released dated June 17, 2011 giving specific guidance on favorable exercise of discretion to certain individuals in removal proceedings and those who are under enforcement of removal order.
Based on this memorandum, Mr. Librojo would like to seek favorable exercise of discretion to grant him relief of adjustment of status based on an approved I-140 petition by joining in a Motion to Reopen the removal proceedings. We are also requesting a favorable grant of deferred action and stay of removal while this Motion is pending.
By agreeing to join in a Motion to Reopen, Mr. Librojo is likely to be granted permanent status through an adjustment of status relief based on an approved I-140 petition and a grant of deferred action, stay of removal pursuant to Director John Morton's Memorandum, dated June 17, 2011.
Mr. Librojo merits favorable exercise of prosecutorial discretion based on the following:
- He has 16 years of lawful presence in the United States
- He was educated in the United States and graduated from San Francisco State University with a Bachelor of Science degree in Biology
- He is a person of good moral character; he has always been a law-abiding citizen. He has no prior arrests, convictions or any outstanding arrest warrants.
- He does not pose a national security or public safety concern.
- He is legally employed full-time as a Registered Dental Assistant and Dental Lab X-Ray Technician.
- He has an immigrant visa immediately available to him increasing the likelihood of being granted permanent status.
Mr. Librojo has made the United States of America his home, adopted country and the land where he has found freedom and purpose of life. Please consider the evidence presented so that he can remain here lawfully.