Immigration judge gives Obama's aunt an extension


Zeituni Polly Onyango, 56, wearing a rust-colored wig, was captured in this cellphone photo leaving an immigration hearing yesterday in Boston. She is fighting deportation to her native Kenya.


President Obama's aunt swept through immigration court in dramatic fashion yesterday after months in hiding, smiling broadly and saying "praise God" after a judge granted her 10 more months to fight deportation to her native Kenya.

Dressed in a long herringbone coat and wearing dark sunglasses and a wig of rust-colored curls, Zeituni Polly Onyango, 56, was whisked into a small, boxy courtroom for a closed-door hearing on the deportation charges against her. After 10 minutes, she was escorted out by a security detail, her head high, as guards blocked reporters from asking questions.

The former computer programmer remains an enigma, never more so than yesterday with her upbeat appearance in the national spotlight. Her next hearing is Feb. 4, 2010, when she is expected to present evidence and testimony to support her case.

As expected, immigration Judge Leonard I. Shapiro's decision came under sharp scrutiny and some criticism yesterday. Bloggers and others contended that she was receiving special treatment, from the decision to reopen her case to the heavy security she re ceived in court. She was ordered deported twice; first in 2003, and then in 2004 after she sought to reopen her case.

"I'm very disappointed that the rule of law means nothing in my nation anymore," said William Gheen, president of the Americans for Legal Immigration Political Action Committee, which has called for her deportation. "It's pretty apparent that some powerful people behind the scenes are pulling some strings for her."

Immigration court officials said the heightened media attention merited the extra security. The hearing was closed at her lawyer's request, which is her right, court officials said.

"Ms. Onyango's case is being treated just like any other case before an immigration judge," said Fatimah Mateen, a court spokeswoman who briefed reporters in the courtroom lobby, near a framed photograph of President Obama on the wall.

Area immigration lawyers said a 10-month delay is typical in the backlogged immigration court, in the John F. Kennedy Federal Building. The court has six judges to hear about 14,000 pending immigration cases.

"Anybody who says she's getting favorable treatment does not practice law in the Boston immigration court," said Anthony Drago, a Boston immigration lawyer and the incoming chairman of the New England chapter of the American Immigration Lawyers Association. "She's lucky to get an appointment 10 months down the road."

In addition, lawyers said, Onyango may have legitimate new reasons to seek legal residency now.

Her lawyers would not discuss her legal strategy.

But William Joyce, a former immigration judge in Boston who is now in private practice, said asylum is Onyango's most likely option now. She could argue that her case merits a review because her circumstances have changed dramatically. Political unrest has escalated recently in Kenya, and she is greatly exposed in the media as the aunt of the president of the United States.

"I don't think she can go back. She'd be at grave risk," said Joyce, a judge in Boston from 1996 to 2002. "She'd be a sitting duck to someone who'd want to send a message to the United States."

Onyango and her lawyers have declined requests for interviews. But a portrait of her troubled life has emerged in recent months. She long ago left an abusive marriage, came to the United States seeking a better life in 2000, and applied for political asylum in 2002, citing violence in Kenya. She moved into public housing in Boston in 2003 while her case was going through the system, and remained after she was ordered deported in 2004.

She suffers from health problems, including a neurological condition and back problems, requiring her to walk with a cane.

Neighbors and others said she is a quiet, independent woman who never revealed she was Obama's aunt until it was exposed just before the election last year.

"She wants to live peacefully here. She wants to be legally here," said Mike Rogers, a spokesman for her lawyers, Margaret Wong and Scott Bratton of Cleveland, where Onyango moved briefly last year with relatives to escape the media attention in Boston. "She wants to be a legal immigrant, not an illegal immigrant, and that's why she's got all these lawyers here to make that happen."

Onyango is the half sister of Obama's late father, who was rarely a part of his life. Obama did not meet her until his 1988 trip to Kenya, which he chronicled in his book "Dreams from My Father." In the book he called her "Auntie Zeituni."

Obama has repeatedly said he is staying out of her case. Yesterday, Ben LaBolt, White House spokesman, said Obama has not contributed to her legal fees. Unlike criminal courts, defendants in immigration courts are not entitled to legal representation and must pay for it themselves

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