Petition Closed
Petitioning Secretary of Homeland Security Janet Napolitano and 4 others

Stop the Deportation of Orfilia Sagastume Reyes - Mother of U.S. Citizen

3,361
Supporters

President Obama continues to deport the parents of U.S. citizens, contrary to the prosecutorial discretion memos issued last year. 

Call ICE - John Morton @ 202.732.3000

Sample Script: "Hi, I was calling to ask that the deportation of Orfilia Sagastume-Reyes (A # 073 189 266) be stopped. Orfilia has been living in the United States for the past 22 years and is the mother of a U.S. citizen. She is eligible for adjustment of status if ICE lifts her deportation order. According to the Morton Memo, Orfilia is not a priority for deportation and should be allowed to stay. Don't deport Orfilia - lift her deportation order and allow her to stay in the U.S."

PLEASE SHARE THIS PETITION AND ACTION ALERT WITH YOUR FRIENDS!

Orfilia Sagastume-Reyes fled from Guatemala to the United States with her family
in October 1990. She has never left. Orfilia’s family in Guatemala was targeted because of her father’s involvement with the Guatemalan government. Her brother was assassinated and Orfilia personally received death threats. In 1993, Orfilia applied for asylum in the United States. The asylum office referred her case to the Atlanta Immigration Court.

Unfortunately, based on the erroneous advice by previous counsel, Orfilia and her family withdrew their asylum application. The attorney told Orfilia that her asylum application would likely be denied and that there was a chance that the judge would send her and her children to jail if she did not withdraw the application. Out of fear of her children going to jail, Orfilia withdrew her asylum application and accepted an order of Voluntary Departure in February 2000.

In the last few months, Orfilia's current lawyers have asked Atlanta OCC twice to join a motion to reopen. Both requests were refused. If Orfilia’s case is not reopened very soon, ICE will deport her to Guatemala. Orfilia 15-year-old son, Fredi Reyes, who is a United States citizen, will very likely have to go to Guatemala with Orfilia. 

Letter to
Secretary of Homeland Security Janet Napolitano
Director, U.S. Immigration and Customs Enforcement John Morton
ICE
and 2 others
Department of Homeland Security DHS
Principal Legal Advisor Peter Vincent
I am writing to request that you take immediate action to stop the deportation of Orfilia Sagastume Reyes (A # 073 189 266)

Orfilia Sagastume-Reyes fled from Guatemala to the United States with her family in October 1990. She has never left. Orfilia’s family in Guatemala was targeted because of her father’s involvement with the Guatemalan government. Her brother was assassinated and Orfilia personally received death threats. In 1993, Orfilia applied for asylum in the United States. The asylum office referred her case to the Atlanta Immigration Court.

Unfortunately, based on the erroneous advice by previous counsel, Orfilia and her family withdrew their asylum application. The attorney told Orfilia that her asylum application would likely be denied and that there was a chance that the judge would send her and her children to jail if she did not withdraw the application. Out of fear of her children going to jail, Orfilia withdrew her asylum application and accepted an order of Voluntary Departure in February 2000.

Orfilia’s United States citizen sister had filed an I-130 petition on her behalf and Orfilia was at the front of the line. Orfilia and her family were eligible to apply for their green cards but for the outstanding deportation order. Atlanta ICE refused to join the family's motions and the BIA denied this request.

Orfilia is quickly running out of time with ICE. Because of the previously filed motions to reopen her case, she is barred from filing again with the immigration court or BIA directly. In the last few months, Orfilia's current lawyers have asked Atlanta OCC twice to join a motion to reopen. Both requests were refused. If Orfilia’s case is not reopened very soon, ICE will deport her to Guatemala. Orfilia 15-year-old son, Fredi Reyes, who is a United States citizen, will very likely have to go to Guatemala with Orfilia.

Pursuant to Secretary Napolitano and ICE Director John Morton's guidance on prosecutorial discretion, her current lawyers cited the following factors that warrant Atlanta OCC exercising discretion in Orfilia’s case and joining a motion to reopen:

Orfilia has resided in the United States for twenty two years and is the primary caregiver of a minor United States citizen child,

Orfilia’s older children are Dreamers; they have resided in the United States since an early age and have aggressively pursued education in the United States, graduating from a U.S. high school and pursuing college,

Orfilia is person of good moral character (along with her family who have sought to excel in the United States),

Orfilia is immediately eligible for adjustment but for the outstanding removal order [Atlanta OCC has copies of her adjustment application which were submitted as part of the 2008 request],

Orfilia will be inadmissible to the United States for 10 years if she
leaves the USA while the removal order is outstanding, with no legalmechanism for returning.

Orfilia has no criminal history and no other history of immigration
violations but for overstaying her visa to seek the protection of this country.


I urge you to stop the deportation of Orfilia Sagastume Reyes - A# 073 189 266