Hi guys, i have been lurking these forums since ICE came into my mothers apartment and deported her last February 1st. I have tried searching the whole internet and even hired a lawyer who i feel was not capable of handling this situation(My sister found this lawyer because she was the one who had the funds to pay for a lawyer at the time). I basically build the case for him(he is young and did not know about 212 C and its availability to aggravated felons.) It was rejected because they said my mother was already deported so they wasn't going to look at a appeal. Now this is where it gets interesting.
My mother was arrested in july of 1992. She was with her sister in law in the car and my mother did not know the consequences about the stuff she got herself into it. Her sister in law(my aunt who is now dead) was selling drugs(my mother did not know until after it happened, but thats not the discussion now. She realized she was at the wrong place and wrong time so she did her time and has never been arrested before or after this incident.) My mother got arrested that day and charged with intent to sell a small amount of cocaine(less than 20 grams). This also happened to be near a school so it was a aggravated felony. She got convicted to 18 months of jail time and 3 years parole in june 1993(less than 5 year conviction). And began serving in november 1993. While in prison, immigration contacts her about being deported (september 1994). She serves her time and while on parole does immigration trail. Her lawyer is barry kenyon (lawyer for soriano case which reno overturned 212 C decision after the immigration act ended on april 1st 1996.) The immigration trail starts in september of 1994 and ends at july of 1997. The reason it took this long was because mr kenyon Missed a couple of court dates and the trail kept getting pushed back a couple of months. On one occasion mr Kenyon did not inform my mother on the proper paperwork that she needed and that caused for another court date. The problem with these delays is that the immigration act which allowed aggravated felons to stay in the usa was about to expire! In the court transcripts the judge even says if it had ended the year before my mother would of not been deported. But he was going off the soriano vs reno case and at that time soriano was set to be deported. 3 months later sorianos decision was overturned because his conviction was before april 24 1996(as my mothers was).
So essentially she got deported because the judge said another man(soriano) was going to be deported also, except he got his case overturned as they did a mistake in his trail. And here is the most important part to all of this, SORIANOS LAWYER WAS BARRY KENYON! the same lawyer my mother had. And in my mothers court papers the judge even mentions why mr kenyon is stalling so much if he out of all people should know whats going on with the new immigration act(judge knew he was on soriano case).
So my mother got a voluntary departure but she did not understand as she does not speak good english and it was not explained to her in her language. I was only 8 years old at the time so i could of not helped her. She did not go back to the dominican republic, but she did not run away either. She stood at our apartment for 14 years until ICE came to get her in feb 2010. She did not even get a ticket or go to jail. She filed taxes, worked, took care of her 3 kids. Paid rent and etc. Even had credit cards and phone bills under her name. What im trying to say is she was never flagged and when she called the 1800 number for immigration it would say dismissed.
She was then sent to ice centers in new jersey, boston, florida for 2 months and then deported to the dominican republic with no family or friends over there. She has not been to the dominican republic since the age of 6 and that was in 1969. Her mother lives in the usa, as does her 3 children. As well as her 2 grand kids and her sister and her 5 nieces/nephews. She is about to turn 50 years old and has health problems(she used to go to a doctor here in the usa and now has no medical care in the dominican republic) and I used to administer the medication for her. She would also baby sit her 2 grand kids for my sisters can work and go to school during the day. That was her life, now she has nothing. I miss her so much and she is struggling in the dominican.
Back to topic. Their was a motion to reopen based on the 212 c relief recently(years ago) but the deadline was april 25 2005. I do not understand why their was a deadline if she should of not been deported as the law was in 1996. The most frustrating thing is being misinformed, i thought mr kenyon had passed away. My grandmother thought this because he was very ill in 1996. But recently i was able to speak to him, i asked for help but he said he doesn't do it anymore. I wonder why did he get sorianos case overturned and not my mothers also.
My mothers immigration trail was dismissed and she was sent to be deported by voluntary departure. The reason she was deported according to the judge was because of the soriano decision. The thing is 3 Months later They overturned the soriano decision and he was not deported. So if she got deported because of the soriano case, and soriano himself is not deported, why is she deported?
My mother was arrested in july of 1992. She was with her sister in law in the car and my mother did not know the consequences about the stuff she got herself into it. Her sister in law(my aunt who is now dead) was selling drugs(my mother did not know until after it happened, but thats not the discussion now. She realized she was at the wrong place and wrong time so she did her time and has never been arrested before or after this incident.) My mother got arrested that day and charged with intent to sell a small amount of cocaine(less than 20 grams). This also happened to be near a school so it was a aggravated felony. She got convicted to 18 months of jail time and 3 years parole in june 1993(less than 5 year conviction). And began serving in november 1993. While in prison, immigration contacts her about being deported (september 1994). She serves her time and while on parole does immigration trail. Her lawyer is barry kenyon (lawyer for soriano case which reno overturned 212 C decision after the immigration act ended on april 1st 1996.) The immigration trail starts in september of 1994 and ends at july of 1997. The reason it took this long was because mr kenyon Missed a couple of court dates and the trail kept getting pushed back a couple of months. On one occasion mr Kenyon did not inform my mother on the proper paperwork that she needed and that caused for another court date. The problem with these delays is that the immigration act which allowed aggravated felons to stay in the usa was about to expire! In the court transcripts the judge even says if it had ended the year before my mother would of not been deported. But he was going off the soriano vs reno case and at that time soriano was set to be deported. 3 months later sorianos decision was overturned because his conviction was before april 24 1996(as my mothers was).
So essentially she got deported because the judge said another man(soriano) was going to be deported also, except he got his case overturned as they did a mistake in his trail. And here is the most important part to all of this, SORIANOS LAWYER WAS BARRY KENYON! the same lawyer my mother had. And in my mothers court papers the judge even mentions why mr kenyon is stalling so much if he out of all people should know whats going on with the new immigration act(judge knew he was on soriano case).
So my mother got a voluntary departure but she did not understand as she does not speak good english and it was not explained to her in her language. I was only 8 years old at the time so i could of not helped her. She did not go back to the dominican republic, but she did not run away either. She stood at our apartment for 14 years until ICE came to get her in feb 2010. She did not even get a ticket or go to jail. She filed taxes, worked, took care of her 3 kids. Paid rent and etc. Even had credit cards and phone bills under her name. What im trying to say is she was never flagged and when she called the 1800 number for immigration it would say dismissed.
She was then sent to ice centers in new jersey, boston, florida for 2 months and then deported to the dominican republic with no family or friends over there. She has not been to the dominican republic since the age of 6 and that was in 1969. Her mother lives in the usa, as does her 3 children. As well as her 2 grand kids and her sister and her 5 nieces/nephews. She is about to turn 50 years old and has health problems(she used to go to a doctor here in the usa and now has no medical care in the dominican republic) and I used to administer the medication for her. She would also baby sit her 2 grand kids for my sisters can work and go to school during the day. That was her life, now she has nothing. I miss her so much and she is struggling in the dominican.
Back to topic. Their was a motion to reopen based on the 212 c relief recently(years ago) but the deadline was april 25 2005. I do not understand why their was a deadline if she should of not been deported as the law was in 1996. The most frustrating thing is being misinformed, i thought mr kenyon had passed away. My grandmother thought this because he was very ill in 1996. But recently i was able to speak to him, i asked for help but he said he doesn't do it anymore. I wonder why did he get sorianos case overturned and not my mothers also.
My mothers immigration trail was dismissed and she was sent to be deported by voluntary departure. The reason she was deported according to the judge was because of the soriano decision. The thing is 3 Months later They overturned the soriano decision and he was not deported. So if she got deported because of the soriano case, and soriano himself is not deported, why is she deported?