Friday, November 5, 2010

Amnesty Residency Interview Letter Delivered After Peruvian Moises Mory Lamas Is Deported By U.S.ICE, Reignites Controversial Case

U.S. Citizenship and Immigration Services mails letter for residency status. (Click on image to enlarge)

A new legal twist involving ICE deportation case of Moises Mory Lamas

By H. Nelson Goodson
November 5, 2010

West New York, New Jersey - On Thursday, Moises Mory Lamas, 54, received a letter from the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services (CIS) in his residence in West New York informing him of an interview for  November 16. Ruth Mory a U.S. Citizen, his wife had petition for Mory Lamas residency in 2004, under the 1986 amnesty Northwest Immigration Projects. Mory Lamas is set to go for an Interview-Application Status as a Temperary Resident Under Section 245A (Form I-687). It seems, Mory Lamas is getting one step closer to gaining his U.S. residency, one might think.
But on September 9, despite his pending petition for amnesty and residency, U.S. Immigration and Customs Enforcement (ICE) Deportation Officer Catherine Brantley decided to deport Mory Lamas to Peru. ICE administrative directors, supervisors and its ICE agents who actually participated in the deportation activities ending with Mory Lamas removal from the U.S. will no doubt become the focus of an internal investigation by the agency and possibly the U.S. Department of Justice.
Mory Lamas during his plight informed ICE supervisors, Brantley and its agents of his pending amnesty petition and another pending case. Either, they failed to investigate with the CIS about Mory Lamas amnesty petition or just ignored actual written information provided by him. Under federal law, an undocumented immigrant can't be deported, if he/she have open pending cases. In the Mory Lamas case, the CIS letter signed by Kimberly Zanotti, Field Office Director proves that indeed Mory Lamas was in the process of seeking residency as required by law. With the CIS official letter, which was just delivered at the Mory Lamas residence shows ICE officials did in fact violated federal law and violated Mory Lamas Constitutional rights to get remedy from a federal pending amnesty case.
The Mory Lamas deportation case is an example to what lenghts ICE officials go too in violating the Constitutional rights of undocumented immigrants and a directive from John Morton, ICE Assistant Secretary not to deport immigrants with non serious crimes. On June 30, Morton send a memo to all ICE officers in the U.S. about a new directive from the White House. ICE should use their limited resources to deport immigrants with serious crimes, instead of deporting long time immigrants that haven't committed serious crimes. On August 20, Morton's directive to ICE officials was to dimiss cases of deportation against immigrants who have a credible immigration case pending and who hadn't committed a serious crime. Under Morton's directives, Mory Lamas qualified and had committed no serious crime.
ICE officials in Newark, New Jersey violated Morton's orders and deported Mory Lamas. Will there be a lack of accountability under Morton and his top administrative officials? The case is expected to shake up ICE, as Mory Lamas continues to challenge his deportation from Peru with the aid of his Attorney Glen Troublefield in the U.S.
In brief, on August 12, three ICE agents took Peruvian citizen Mory Lamas to the Peru Consulate in Paterson, from an ICE office he was reporting as required, so temperary Consul Alejandro Beoutis Candahuana could approve his deportation. Mory Lamas alleged, Consul Beoutis told him he had to surrender his Peruvian passport to ICE, or face legal authorization for ICE to deport him anyway from the Peru government, if he wouldn't comply. Beoutis staff deny the allegations, but an official Peruvian Consulate Act (agreement for voluntary departure) signed by Beoutis and three ICE agents in Spanish confirms otherwise.
Mory Lamas said, that afterwards three ICE agents took him home and confiscated his Peruvian passport, as approved and mandated by Consul Beoutis. Peruvian Consul Beoutis, and three ICE agents were identified in the Act signatures as Juan Mezarina, Oscar Torres and James Laforge along with their official capacity under the names.
Mory Lamas had spend at least five years in immigration detention, until he was released in early 2009. Mory Lamas was convicted of possession of drugs, a minor state offense. He pleaded no-contest in 1986, and his lawyer did not advice Mory Lamas of the consequences and possible deportation. He served 6 months in jail and was fined $30.00 for the conviction.
He began his appeal in 1999, served one year in '99 and then served four years from 2004 and was finally released in January 2009. Since then, Mory Lamas was put on an electronic device, had to report to an ICE officer at least twice a week, until he finally was granted a work permit until 2011.
Mory Lamas had a pending habeas corpus appeal with federal Judge Dennis Cavanaugh in the district of Newark, before being deported. He has a 17-year-old daughter who is a U.S Citizen.
Ruth Mory, Moises' wife is a cancer survivor, suffers from diabetes and other ailments.

Update: For the September 29th Telemundo Spanish interview with Moises Mory Lamas, click at video: http://bit.ly/deU3ZJ

Related article:

New Jersey US ICE Deports Moises Mory Ending 11 Year Deportation Challenge In U.S. http://bit.ly/axM7ow

Copy of official Act in Spanish by the Peru Consulate, and Consul Alejandro Beoutis Candahuana in Paterson, identifying ICE agents with their signatures, concerning Moisés Roger Mory-Lamas departure from the U.S. (Click on photo to enlarge)


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