AMERICA: NEW IMMIGRATION REFORM ALLOWS DEPORTED IMMIGRANTS TO RETURN TO THE UNITED STATES
__________________________________________________________________________________
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
_________________________________________________________________
Civil Appeal Remand Docket No. 09-1610
Lead Case Docket No. A097-446-370
_________________________________________________________________
IN REMOVAL
PROCEEDINGS
In the Matter of:
Dr. Phillip Chukwuma OFUME & Co. on behalf Child, Kleber Odimegwu
OFUME, deported to Nigeria and party to lead Asylum Proceedings Nos.
A097-446-370/09-1610 (US Court of Appeals - 1st Circuit, Child with
Ridership Alien number 96-416-430.
APPLICANT/DEFENDANT
V.
ERIC J. HOLDER, JR. (United States Attorney General) AND
DEPARTMENT OF HOMELAND SECURITY (US IMMIGRATION AND CUSTOMS
ENFORCEMENT - ICE)
RESPONDENTS/PLAINTIFF
_________________________________________________________________________________
APPLICANT/DEFENDANT'S (PARENT’S) VERIFIED MOTION/MEMORANDUM FILED BY PARENT ON BEHALF CHILD, KELBER ODIMEGWU OFUME FOR RECONSIDERATION OF LATTER-ORDER NATURE OF DENIAL OF APPLICATION FOR RETURN OF HIS CHILD, KLEBER ODIMEGWU OFUME DEPORTED TO NIGERIA ON MARCH 10, 2009 VOID OF GOOD CAUSE INCLUDING BUT UNLIMITED TO EXTRA-JUDICIAL DEPORTATION, OUTRAGEOUS ABUSE OF LAWFUL IMMIGRATION PROCESS, EXTRAORDINARY BREACH OF THE CONSTITUTIONAL AND DUE PROCESS RIGHTS OF THE CHILD AND PROCEDURAL DUE PROCESS ALLOWED IN CIVILIZED JUDICIAL SYSTEM (See A below) TO JURY OF JUDGES.
___________________________________________________________________________________
A. STATEMENT OF MOTION
Reason stated in the Memorandum below and also summarized above, Applicant, Dr. Phillip Chukwuma Ofume,on behalf his child Kleber Odimegwu Ofume deported to Nigeria on March 10, 2009 void of any good cause; moves this Honourable Court for order upon Respondents to return his son, Kleber Odimegwu Ofume to the United States; who is student at North Shore Community College, Lynn Campus, Massachusetts; who is at all material time not removable from the United States because Kleber Odimegwu Ofume and his siblings and parents have genuine/undecided/pending asylum case referenced above and/or classified as Asylees and lawful aliens and residents of the United States since September 29, 2009 and with BIA’s and US Court of Appeals for the First Circuit’s Civil Appeal Remand Docket No. 09-1610 & Lead Case Docket No. A097-446-370 (EXHIBITS C& D) and BIA’s recent Notice disclosing the present status of this case is hereto attached and marked EXHIBIT E; no Court or Board or Judge inside and outside the United States has ordered Kleber’s removal or deportation; parents and all their children (including Kleber) are refugees adopted by the United Nations High Commission for Refugees (see certificate of adoption, UNHCR, Geneva Switzerland – Lome, Togo. Certificates of Adoption are hereto incorporated and marked EXHIBIT A & B) ;September 29, 2005 – present, in the United States they (Kleber Odimegwu Ofume, parents and siblings) have lived exemplary life and supportive to their immediate community and society in general; Kleber Odimegwu Ofume, since birth (01/23/1988) has live a clean life with an outstanding role model and hardworking without criminal record or never been seen as threat to the people and nation of America et als; inside and outside the United States, Kleber has never been tried and convicted of any offense against life and property; Kleber’s parents bids for the President of Nigeria and Kleber and his Mother were sported as some of the key backbones and reason of this bid inside and outside the United States rivals created multiple action group and on before December 23, 2008 some of these action groups (some officers of the Lynn Police Department and ICE) used their area men and women to create brawl at 7-Eleven where Kleber worked as Night Manager and instead of arresting these area men/women, Kleber was arrested and less than two hours Kleber was charge and published in local media and ICE was alerted and when Kleber went to ICE’s office to request ICE to correct its error on his 1-94 (EXHIBIT F) he was arrested, detained and ex-communicated to deter bail process and when bail motion was issued for March 10, 2009 at 1.00 pm thus, shocking to Americans and world in general, on March 10, 2009 which was also the date set for Kleber’s bail hearing (IC, Boston MA), swiftly Kleber was deported to Nigeria where parents are presently facing political treason charges and fear death and other harms; since March 10, 2009 Kleber has been hiding here and there across Nigeria and now Kleber fear death and other harms more than before because of the escalation of the war in parents’ homeland, NIGER DELTA REGION where Applicant has also been accused of being the Vice-President of the seceded NIGER DELTA REGION from the nation of Nigeria on July 1, 2010; and effective April 2011 the government of America further issued severe forms of Travel Restriction to this Region of Nigeria; similar motion has been filed in this Court, Immigration Court, and Board of Immigration Appeals (BIA) and denied because of purported claim of LACK OF JURISDICTION which now reversed (see Vakhtang Pruidze v . Eric H. Holder , Jr., United States Attorney General. (6th Cir. 02/03/2011):
B. QUESTION
Whether the Department of Homeland Security (DHS) is empowered by any law in the United States or INA et al or United Nations international law to deport lawful resident of the United States without documentary and other process and proceedings including order of an Immigration Judge, the Congress of the United States, etc.
(See detail evidence and analysis in paragraph F below).
Whether DHS erred when it proceeded to remove or deport Kleber Odimegwu Ofume on March 10, 2009 after it received Attorney Nancy Norman’s Motion for Bail Hearing on before March 7, 2009 and scheduled for March 10, 2009 at 1.00 p.m. notwithstanding that Attorney Norman did not file Motion for Stay and Preliminary Injunction et al.
C. PRELIMINARY ARGUMENT - CHANGE IN TIME AND LAW REQUEST THIS COURT TO REVERSE PRIOR WANT OF JURISDICTIONAL AUTHORITY TO RETURN KLEBER ODIMEGWU OFUME TO THE UNITED STATES because,
1. Particularly, before this present Motion, in this honourable Court, Applicant/Defendant filed two Motions dated June 15, 2009 namely, motion for stay of further deportation of the remaining family members and motion seeking Order of this Court to return Kleber Odimegwu Ofume to the United States. The Motion requesting for Order to return Kleber to the United States was denied for want of JURISDICTION and the other Motion also dated June 15, 2009 was granted by this Court and further deportation of remaining family members was stayed.
2. This Honourable Court is more familiar with Applicant's case than BIA and Immigration Court Boston, MA. This Court is strongly aware of the endless crisis and persecution which they face in Nigeria, Togo, Canada and United States. On this particular Motion, this Court has more clout to claim dual jurisdictional immunity than others because, procedural history of Applicant family's asylum case also
gives this Court subject matter and personal or "in personam" jurisdictions over the case and as well as the deported child.
3. Matter of, Vakhtang Pruidze v . Eric H. Holder , Jr., United States Attorney General. (6th Cir. 02/03/2011) has repaired and recycled this longstanding Improper interpretation of the regulation
empowering and refocusing the jurisdictional authority of this Court, BIA. etc. to hear the case of aliens who exited United States voluntarily and involuntarily. The Opinion of Circuit Judges, BOGGS,
MOORE, and SUTTON,
" The Board of Immigration Appeals interprets a regulation promulgated by the Attorney General to provide that the Board lacks jurisdiction to review a motion to reopen once an alien leaves the
United States, whether voluntarily or involuntarily. Yet the statute that empowers the Board to consider motions to reopen says nothing about jurisdictional limitations of any kind, let alone this kind.
Because this regulatory interpretation has no roots in any statutory source and misapprehends the authority delegated to the Board by Congress, the Board's order disclaiming power to consider the motion
to reopen filed by Vakhtang Pruidze must be vacated."
4. Reliant on paras 1, 2, 3, and motion statement above, Applicant request this Court to grant his Motion pursuant to First, Fourth, Fifth, and fourteen Amendments of the Constitution of the United States of
America ; 8 CFR 1003.2; Federal Rules of Appellate Procedure 27 (a); Federal Rules of Civil Procedure Rule 5.1. (determination /enforcement of fundamental rights of Kleber, parents and siblings); United Nations Convention of July 28, 1951; U.N. Convention on the Rights of the Child/Parents; U.N. Universal Declaration of Human Rights (12/10/1948): Bill of Rights of the United States; and Constitutional Protection for Parental Rights, Robert P. George and Jana V.T. Baldwin of Ministers for Christ Assembly of Churches.
D. FACT
5. 09/29/2005 - Kleber Ofume, parents and siblings fled Canada to the United States. ICE impounded and seized Applicant’s, his wife’s and children properties and goods including unexpired Refugees and Canadian passports and travel documents, pictures and newspapers relating to the mistreatment suffered inside and outside Nigeria, birth certificates, etc. Reason for this extensive seizure is to enable ICE file trump up immigration charge under [212(a)(7) (A)(i)(I)] against Applicant and his household whereas Applicant, and his family (including Kleber) landed the united States with unexpired refugees travel documents and passports. Per Order of disclosure of The Hon. Justice Eliza Klein dated January 25, 2006 some of the documents and materials impounded and seized by ICE on September 29, 2005 particularly unexpired passports and travel documents were disclosed and the immigration court found that the entire family entered the United States with valid and unexpired documents and other materials. On October 16, 2007 the Plaintiff lost the only charge brought against applicant and his family but the sitting Hon. Justice D’Angelo used uncharged issue (expired biometric) to deny the immigration relief sought by the Applicant and his family. The Plaintiff did not appeal this case.
6. 10/07/2005 - Kleber parents and siblings, granted credible fear of persecution/torture
and released by the Asylum Officer. Under longstanding political animosity ICE rearrested Kleber, parents and siblings.
7. 10/12/2005 - Immigration and Custom Enforcement (ICE) imposed 12 months parole on kleber, applicant and other members of his family.
8. 10/12/2005 - ICE issued 1-94 to all family members including Applicant and Kleber. Worst of all, on the 1-94 cards of the 3rd and 4th children ICE severally entered wrong information and other family members. Request to effect correction was severally repressed by ICE with threat of deportation. ICE wrote Kleber’s date of birth as January 23, 1998 whereas he was born on January 23, 1988.
9. 10/12/2005 - 01/07/2009: Applicant and his family sent several letters to ICE and made telephone calls on ICE to correct its deliberate errors. These efforts remain unheeded.
10. 01/07/2009 - Applicant moved his plea to ICE's office. Kleber requested for Applicant’s permission to go to the office of ICE to enable ICE make the correction and upon presenting his request in the office of ICE for no just reason, he was arrested, detained and ex-communicated to the extent of denying parents and siblings access to right to see him.
11. Severally, parents and siblings pleaded to see Kleber to enable them prepare unrepresented person motion for him to sign and to enable him appear before judge but Suffolk County Detention denied visitation and parents and other access to Kleber.
12. Immigration Court refused to file the motion signed by parents on behalf incarcerated child. Same vein the District Court Boston, MA refused to order Suffolk County Correction /Detention to bring Kleber to Court. Pro-bono lawyers/attorneys inside and outside the court system refused to take Kleber’s case.
13. Thereafter, parents found one local Attorney, Ms. Nancy Norman per reference issued by the Massachusetts Bar Association and they retained her and paid her (attorney) in full but she connived with Judge Matthew D’Angelo to delay Bail Motion and February 9, 2009 through March 10, 2009 Attorney Norman refused to file preliminary motion which is Motion for Stay of Deportation.
14. On March 7, 2009 which is three (3) days to deportation, Ms. Norman spoke about Bail Motion returnable on March 10, 2009 at 1.00 pm without Motion for Stay of Deportation of Kleber. On this day March 10, 2009 which will remain indelible in the eyes of the Ofumes and onlookers, Kleber was deported to Nigeria without memory of US perfect or pious judicial system for a child who appreciate the civilization of great people and nations found himself in uneven roundabout with eminent loss of sight of incident that he will ever been removed on the day he will appear before a Judge to hear his bail motion to enable him go back to school which he adores and see as the only gateway to employment and other good conditions in life. Kleber said, “This Unspeakable and matches Nothing”.
15. Information reveal that early morning of March 10, 2009, Kleber was removed from Suffolk Detention, MA to Batavia Detention, NY where he was deported to Nigeria.
E. FURTHER SUCCESS OF THE REMAND AND APPEALS – DOCKETS NOS. 097-446-370 & 09-1610
16. Reason that Respondent/Plaintiff lost his case or charge brought against Applicant and his family on October 16, 2007 and that expired biometric manufactured by an activist and politically influenced Judge of the Immigration Court cannot override asylum case which if not granted would lead to the death of several people, is unbeatable green light to the success of these pending appeal and remand cases.
17. Because the Politically influenced Immigration Judge jumped several legislations such as First, Fourth, Fifth, and fourteen Amendments of the Constitution of the United States of America ; 8 CFR 1003.2; Federal Rules of Appellate Procedure 27 (a); Federal Rules of Civil Procedure Rule 5.1. (determination /enforcement of fundamental rights of Kleber, parents and siblings); United Nations Convention of July 28, 1951; U.N. Convention on the Rights of the Child/Parents; U.N. Universal Declaration of Human Rights (12/10/1948): Bill of Rights of the United States; and Constitutional Protection for Parental Rights, Robert P. George and Jana V.T. Baldwin of Ministers for Christ Assembly of Churches best interest of the Congress of the United States and judiciary would be to reverse past decision challenged the integrity of American courts and law because America’s and global meaning and status of Application for Asylum for the United Nations and UN Convention of July 28, 1951 and people fleeing persecution oversea and the intrusion of strange over rider or expired biometric would lead to heavy burden against US justice system.
18. Failure of para 17 would lead to emergence of two steps such as move to grant present motion to reconsider before BIA and another prong of this success will be Motion to Reopen because of para 17 above and complaint to remove Judge D’Angelo from the entire case. Stage by stage throughout Applicant’s and family’s Application for Asylum, they have never been allowed to defend their application which contains over 2000 pages of documents and several gruesome EXHIBITS and incidents of national and international public interests.
19. Reference to America’s Immigration case and proceedings, Applicant’s and family’s immigration case (asylum) is the most popular, read, translated, referenced, published in different international languages 2005 – present (April 2011) with over 27.5 billion hits (google, yahoo, MSN, etc).
F. ARGUMENT
EXTRA-JUDICIAL DEPORTATION; OUTRAGEOUS ABUSE OF LAWFUL IMMIGRATION/ REFUGEES/ASYLEES PROCESS SUPPORTIVE OF THE UNITED STATES AND UNITED NATIONS VOLUNTARY AND INVOLUNTARY REMOVAL OR REPATRIATION OR DEPARTURE; EXTRAORDINARY BREACH OF THE CONSTITUTIONAL AND DUE PROCESS RIGHTS OF THE CHILD AND PROCEDURAL DUE PROCESS ALLOWED IN CIVILIZED JUDICIAL SYSTEM (Because of past experience of censorship and deleting of pages, paragraphs, etc on applicant’s brief and other texts, applicant seeks leave of this Court to assign page numbers to preliminary argument, argument and conclusion/relief)
20. Nationally and internationally, deportation of Kleber Odimegwu Ofume caused heavy outcry and mourning the judicial system and within learned circle or attorneys/lawyers dirty mud was slammed on Attorney Nancy Norman or attorney for Kleber who received full payment of legal costs and failed to file Motion for Stay of Deportation, Attorneys for the and Secretary of Homeland Security. Other mud was poured on the Immigration Court and US District Court for rejecting Applicant’s or parent’s Motion on behalf incarcerated child and Suffolk Detention for ex-communicating Kleber an illegal action which is serious case of obstruction of justice and abuse of the constitutional rights of the parents.
21. Homeland Security (DHS) neglected, failed and refused to show any US and other Consulates’ written Proof of lawful deportation with the signature of Kleber, Nigerian Ambassador/Consulate-General and US Officials, etc. This request was made several times in this Court, BIA and Immigration Court but downplayed because of lack of jurisdiction.
22. Homeland Security (DHS) neglected, failed and refused to show any Order of US Judge and Immigration courts and Board ordering FINAL REMOVAL or DEPORTATION of Kleber Odimegwu Ofume.
23. Homeland Security (DHS) neglected, failed and refused to show any US process documents in support of lawful removal of Kleber as well as documentation or consulate work sheet; proof of criminal
charge and conviction by any Judge or Court against Kleber Odimegwu Ofume which according to US Immigration and Deportation laws must be signed by Judge and victim of deportation to empower ICE to remove an applicant. In the case of Kleber, his appeal and his parents’ and siblings’ appeal consolidated under single Lead File No. A97-446-370 is active and pending before BIA or Board of record in the United States.
24. Homeland Security (DHS) neglected, failed and refused to show cause of its action and that Kleber is found wanting or convicted under INA section 101(a)(43) of the Act.), non-dangerous or non-aggravated, aggravated felony, etc]; §§ 212(a)(2) [controlled substance violations, crimes involving moral turpitude], 237(a)(2) [deportable criminal offenses], 237(a)(3) [documentary fraud].
25. Homeland Security (DHS) neglected, failed and refused to show any US process documents, research and investigation in support of physical or written order or other proof of BIA and courts that Applications/Motions for Stay of Deportation were not filed or granted between September 29, 2005 and March 10, 2009.
26. particular paper which the Respondent must show as proof to convince any court that BIA ordered removal of Kleber is WRITTEN ORDER or INSTRUCTION which must enter into evidence in support of
Respondent‘s claim of LAWFUL REMOVAL or DEPORTATION;
27. Homeland Security (DHS) neglected, failed and refused to show any US process documents, research and investigation in support proof of the written deportation notice presented to the Ambassador/Consulate General of Nigeria and their signatures. Dr. Ofume investigated the paid and unlawful passage of Kleber from the Suffolk County House of Correction, Boston MA into Buffalo, NY and further into Batavia Detention, NY and staff there were warned not to issue any information on Kleber. The District Court, Buffalo, New York refused to take parent’s Motion for stay and interim injunction requesting for Order restraining DHS from removing Kleber from the United States.
28. Applicant’s or parent’s further research and investigation show that in Batavia New York Detention; Nigeria Consulate General in New York and Embassy/Ambassador in Washington, D.C. denied notice or having any information on Kleber’s deportation to Nigeria on March 10, 2009;
29. In the Courts and Board, DHS or Respondent or ICE failed to show written Evidence or Conviction of Kleber by Judge or Court which will show “CONVICTION ON ASSAULT WITH DANGEROUS WEAPON. Petitioner‘s campaigns for the President of Nigeria 2011 wants to know reason US judicial system is better than the judicial system of the Banana or Kangaroo Republic.
G. WHO IS KLEBER ODIMEGWU OFUME INSIDE AND OUTSIDE THE UNITED STATES?
30. In Togo, Nigeria, Canada and USA Kleber Odimegwu Ofume is law abiding and respect for others, known for free hand in hard work to earn success for himself and others, and deeply focused on education as gateway to every good things in life.
31. Kleber has received several awards and recommendations for hardwork and pious conduct.
EXHIBITS G, H, I, J.
32. Kleber lived exemplary life and supportive to family, friends and his immediate community and society in general.
33. Kleber Odimegwu Ofume, since birth (01/23/1988) has lived a clean life with an outstanding role model and hardworking.
34. Kleber lived law abiding life without criminal record or never been seen as threat to the people and nation of America et als.
35. Inside and outside the United States, Kleber has never been tried and convicted of any offense against life and property.
36. Do not smoke, drink, use any dangerous drug and substance notwithstanding that he is member of Church of Jesus Christ of Latter-day Saints, set success pace by role model.
CONCLUSION/RELIEF
Therefore, reason of the foregoing, Applicant request this Court to grant his motion or application to return Kleber Odimegwu Ofume to North Shore Community College, parents and siblings all of which are resident of Lynn, Massachusetts at 66 Harwood Street Unit 3 Lynn, Massachusetts USA 01902.
Other order which may include Order on Respondent or ICE to pay all costs to return Kleber Odimegwu Ofume to Parents, Siblings and North Shore Community College.
Respectfully verified, Signed and submitted under the pains and penalties of perjury this 20th day of May 2011,
signed and file 05/23/2011
_____________________
Phillip C. Ofume, Ph.D
P. O. Box 2416
Lynn, MA 10903
humanrights.researchgroup@gmail.com
CERTIFICATE OF SERVICE
I, Dr. Phillip C. Ofume, Representative/Advocate for my son, Kleber Odimegwu Ofume hereby certify that I have served the foregoing APPLICANT/DEFENDANT'S (PARENT’S) VERIFIED MOTION/MEMORANDUM FILED BY PARENT ON BEHALF CHILD, KELBER ODIMEGWU OFUME FOR RECONSIDERATION OF LATTER-ORDER NATURE OF DENIAL OF APPLICATION FOR RETURN OF HIS CHILD, KLEBER ODIMEGWU OFUME DEPORTED TO NIGERIA ON MARCH 10, 2009 VOID OF GOOD CAUSE INCLUDING BUT UNLIMITED TO EXTRA-JUDICIAL DEPORTATION, OUTRAGEOUS ABUSE OF LAWFUL IMMIGRATION PROCESS, EXTRAORDINARY BREACH OF THE CONSTITUTIONAL AND DUE PROCESS RIGHTS OF THE CHILD AND PROCEDURAL DUE PROCESS ALLOWED IN CIVILIZED JUDICIAL SYSTEM (See A below) TO JURY OF JUDGES of the Applicant upon all parties and their agents, representatives and attorneys, mailing by first class/regular mail, postage prepaid to:
District Counsel: Frederick J. McGrath, Esq
US Department of Homeland Security - Immigration & Customs Enforcement
OFFICE OF THE CHIEF COUNSEL
JFK Federal Building, Room 425
Government Center
Boston, MA 02203
(781-359-7500)
signed/served
_______________________________
Dr. Phillip Chukwuma Ofume & Co., Representative/Advocate for Kleber Odimegwu Ofume P.O. Box 2416 Lynn, MA 01903
E-mail: limptintinc@gmail.com
DATED: May 23, 2011
Further copies to:
President Barack H. Obama
President of the United States of America
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Vice- President Joseph Biden,
Washington Office:
Eisenhower Executive Office Bldg.
Washington, DC 20501
Honourable Eric H. Holder, Jr.
US Secretary of Justice and Attorney General,
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Office of the Assistant Attorney General, Main
Washington, D.C. 205 30
United Nations High Commission for Human Rights
United Nations High Commission for Refugees
Geneva, Switzerland.
Director, Detention and Removal Office US Department of Homeland Security - Immigration & Customs Enforcement 10 New England Executive Park Burlington, MA 01803
