SALUDOS JESUS --- El sáb 3-ene-09, Harold Nelson <[email protected]> escribió:
De: Harold Nelson <[email protected]> Asunto: Peruvian Immigrant Held For 4 1/2 Years In USICE Detention Released Peruvian Immigrant Held For 4 1/2 Years In USICE Detention Released By H. Nelson Goodson El Conquistador Newspaper 3206 W. National Ave. Milwaukee, Wisconsin 53215 414-383-1000 [email protected] January 3, 2009 Kearney, New Jersey- Moises Mory Lamas a Peruvian immigrant who had been held for 4 1/2 years by the United States Immigration and Customs Enforcement was released without any explanation on Friday at 8:30 p.m. Mory Lamas first received word of his letter for released at about 5:00 p.m. while he was working to prepare legal documents for another undocumented detainee at the Hudson County Correctional Center in Kearney. Mory Lamas after his release visited with family and close friends at a relative’s residence. At about 2:50 a.m. New Jersey time, Mory Lamas spoke with El Conquistador and expressed great gratitude for their support and also thanked everyone who in one way or other helped to get him released. Mory Lamas is scheduled to meet with immigration officials on Tuesday. El Conquistador Newspaper and its staff wish him and his family the best and a Happy New Year. Contact persons concerning any further information about Mr. Moises Mory Lamas case and release developments should contact: Mrs. Ruth Mory at email address: [email protected], cell # 917. 837. 2583, or Mr. Fabrizio Jimenez at email address: [email protected], cell # 201. 270. 7747. Prior internet articles about Mr. Moises Mory Lamas plight while being detained by USICE are included for your information. Federal Judge Grants ‘Pro Bono’ Counsel For Immigrant Native from Peru has been in custody of U.S. ICE since 2004 By H. Nelson Goodson El Conquistador Newspaper 3206 W. National Ave. Milwaukee, Wisconsin 53215 414-383-1000 [email protected] January 5, 2008 Kearney, New Jersey - Federal Judge Dennis M. Cavanaugh, of the U.S. District Court for the District of New Jersey granted Plaintiff Moises R. Mory-Lamas, 52, for the appointment of pro bono counsel pursuant to 28 U.S.C. § 1915(e)(l). Mory-Lamas filed a civil action against the U.S. Department of Justice, Executive Office for Immigration Review, Office of the General Counsel for failing to produce transcripts of his Immigration Master Hearing before Judge Alberto J. Reifkohl pursuant to the Information Act and Privacy Act. Mory’s case was heard back in September 27, 2000 and he had tried to get a copy of the transcripts twice to appeal his immigration case and the transcripts are necessary in order to proceed. Judge Cavanaugh ruled Mory was indigent and lacks the following; the ability to present an effective case without an attorney due to the complex nature of such a case, the familiarity with the rules of evidence and discovery needed to translate understanding of the law into presentation of the proofs, and actual investigation will be necessary and Mory is not adequately able to pursue said investigation without counsel. The U.S. Immigration and Customs Enforcement has attempted to deport Mory various times, but he has managed to file 8 cases today without legal presentation and keep them open in order to stay his deportation. Mory’s determination to stay in the U.S. has even defied the American Civil Liberties Union (ACLU) and the League of United Latin American Citizens (LULAC) inability to provide legal services in this particular case. The ACLU claims it does not litigate this type of cases and LULAC claims it does not have the adequate funds to represent Mory. It’s unfortunate for Mory’s immigration case, because the caliber and legal expertise by both reputable entities could result in a quick remedy and in depth look of how immigrants rights are being denied. The U.S. Department of Justice, Executive Office for Immigration Review, Office of the General Counsel failure to provide transcripts in adequate time for filing before the required time expires to file appeals on immigration cases leaves immigrants no recourse for their appeals. Mory even filed in the U.S. Supreme Court for bail pending disposition of petition for a writ of certiorari on March 26, 2007, but was denied by Justice David Hackett Souter a couple of days later. In April 2, a supplemental brief of petitioner Moises R. Mory-Lamas was filed and three days later a brief of respondent Alberto R. Gonzales was filed in opposition, and on May 14 the petition for bail pending disposition was denied by the Supreme Court. In brief, Mory-Lamas has been in detention for the last four years fighting deportation. He filed for bail in the past, but U.S. Supreme Justice Souter denied application (06A924). He has submitted a Reply To Brief In Opposition as Petitioner, Pro-Se, which is outstanding for an immigrant who has acquired exceptional knowledge of our U.S. Constitutional laws and Civil Rights adjudicated to citizens. Mory-Lamas pled guilty to a misdemeanor conviction for simple possession of a controlled substance, which is a state misdemeanor and not an aggravated felony as decided in the Jose Antonio Lopez. Petitioner v. Alberto R. Gonzales, Attorney General No. 05-547, which Justice Souter delivered the opinion of the court deciding on the questioned raised is whether conduct made a felony under state law but a misdemeanor under the Controlled Substances Act is a “felony punishable under the Controlled Substance Act” 18 U.S.C.§924(c)(2). The U.S. Supreme Court decided it is not. Since this case was decided, other similar cases have been resolved, but in Mory-Lamas case it has not been resolved. He sought bail to care for his ailing wife Ruth Mory and his daughter who are both U.S. citizens. On April 23, 2007, Mory-Lamas, Petitioner, Pro-Se filed a response raising the question whether the Third Circuit erred in holding, in opposition to the First, Second, Fifth, Sixth, Seventh, Eight, Ninth, Tenth, Eleventh Circuits and in light of the Supreme Court decision in Lopez v. United States, 126 S. Ct. 1651, 164 L. ed 2d 395 (December 5, 2006). A state misdemeanor conviction for simple possession of a controlled substance INA § 212(a)(2)(A)(i)(II), 8 U.S.C. § 1182(a)(2)(A)(i)(II), is a “drug trafficking crime” and hence an “aggravated felony” for the purpose of the immigration laws? Mory-Lamas is not a danger to society, our government and is not a flight risk, according to his constant appeals against deportation dictate. He has been approved for U.S. residency pending the outcome of the case, according to Mory-Lamas correspondence. He has already served his sentenced for the conviction of possession and remains incarcerated (detention) by U.S. Immigration and Customs Enforcement and the U.S. Department of Justice. Why hasn’t the U.S. Department of Justice resolved Mr. Mory-Lamas case? The U.S. Supreme Court made a decision in Jose Antonio Lopez case and former Alberto R. Gonzales, Attorney General should have abide by their decision and resolve all immigrant cases similar and fall under the jurisdiction of the Lopez decision. In this case, Mory-Lamas should be afforded the same legal rights provided by the U.S. Supreme Court decision. Internet articles: http://www.themilitant.com/2005/6910/691005.html http://www.ladivalatina.com/quepasahappynewyear2008.html http://indymedia.us/en//2008/01/29649.shtml http://indymedia.us/en//2008/01/29356.shtml http://toledoblade.com/apps/pbcs.dll/article?AID=/20061102/NEWS02/611020352 ¡Todo sobre la Liga Mexicana de fútbol! Estadisticas, resultados, calendario, fotos y más:< http://espanol.sports.yahoo.com/ --~--~---------~--~----~------------~-------~--~----~ Internet group address: http://groups.google.com/group/ChicagoMayDay To send e-mail: [email protected] To unsuscribe: [email protected] -~----------~----~----~----~------~----~------~--~---
