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Thread: Federal judge stops Trump administration from deporting 1,900 Cambodian immigrants

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  1. #1
    Senior Member JohnDoe2's Avatar
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    Federal judge stops Trump administration from deporting 1,900 Cambodian immigrants

    Federal judge stops Trump administration from deporting scores of Cambodian immigrants

    BY STEPHEN MAGAGNINI AND ANITA CHABRIA
    smagagnini@sacbee.com
    DECEMBER 15, 2017 12:48 PM
    UPDATED 1 HOUR 13 MINUTES AGO

    A federal judge in Santa Ana issued a temporary restraining order Thursday preventing the Trump administration from deporting up to 1,900 Cambodian immigrants who have been convicted of crimes, including at least three men from the Sacramento area.


    Over the past few months, about 200 Cambodians with felony records have been arrested across the country and targeted for deportation by the federal government. The Trump administration has been pushing Cambodia to repatriate these former residents, many of whom fled with their families when they were small children.


    Another 1,700 people could potentially be deported on the grounds that they lost their legal status when they committed crimes.


    The first group was scheduled for expulsion on Dec. 18, according to court records. U.S. District Judge Cormac J. Carney said Thursday he was issuing a stay of removal until the court “can give proper consideration to the complex issues presented” by attorneys for the Cambodians.

    Holly Cooper of the UC Davis Immigration Law Clinic, representing long-time Davis resident Rottanak Kong, called the judge’s ruling “a huge victory for Cambodian immigrants whose criminal convictions are at least a decade old.”

    Cooper said many Cambodians in detention have been moved between six or seven times to detention facilities in different states in the last 30 days, making it impossible for their attorneys to have meaningful access to their clients to review the legality of the removal orders.


    The Trump administration has been in negotiations with the Cambodian government to accept the Cambodians targeted for deportation, including Kong. The Davis resident hasn’t been to Cambodia since he was a child and his family fled the brutal Khmer Rouge government, which slaughtered about 2 million people.


    Kong was convicted of felony joyriding in 2003 at age 25 and sentenced to one year in jail.


    Attorney Kevin Lo of Americans Advancing Justice – Asian Law Caucus, part of the legal team that filed for the injunction on behalf of all 1,900 Cambodians potentially subject to removal, called it a legal “Hail Mary.” He said he didn’t expect to win, in part because the legal bar for stopping the deportations was high.


    “We were pretty surprised; it was such a long shot,” Lo said.


    Lo said the temporary order will give detained Cambodians under imminent threat of deportation – a group advocates said numbers about 200 – time to potentially appeal or change the convictions that led to them losing their legal status in the first place. One of the two lead defendants in the case, Mony Neth of Stockton, has appealed to Gov. Jerry Brown to pardon him.


    Stanislaus County court records show Neth was convicted in a 1995 case on a felony weapons charge with a gang enhancement, and a misdemeanor charge of receiving stolen property with a value of $400 or less. Court records also show that case was reopened on Dec. 8 and a Proposition 47 report entered into the court record – a possible sign that Neth’s case is being re-examined.

    Cat Khamvongsa, Neth’s wife, said she last last saw her husband on Monday at Rio Cosumnes Correctional Facility near Elk Grove, where he’s been held since October. She was allowed to deliver a suitcase to him and see him briefly before he was transferred to Texas for the deportation.

    “I just feel like my husband deserves a second chance to be here with us, and we just need him home,” she said. “He keeps the family together.


    Lo said his office had seen a letter from Cambodian officials confirming that that government expected a chartered flight with at least 50 Cambodians aboard to depart Monday, Dec. 18 at 1:30 p.m. from El Paso Texas and arrive in Cambodia on Wednesday.


    “That flight was already set up,” said Lo. “We were almost dreading Monday.”


    Lo said he’s heard rumors that the flight is also scheduled to transport Vietnamese and Filipino deportees. Those individuals would not be covered by the Friday legal ruling.


    The deportations remain clouded in secrecy. The government has declined to provide specific numbers of those detained or set for deportation. It also has not provided names of those to be deported.


    ICE spokesman James Schwab said the government “does not comment on pending litigation, it’s too early to tell what is happening.”


    The government has until Dec. 28 to file papers opposing the court order, and the attorneys representing the Cambodians will have until Jan 4 to reply. A court date has been set for Jan. 11 at 9 a.m. in the federal courthouse in Santa Ana.


    Stephen Magagnini: 916-321-1072, @SteveMagagnini

    http://www.sacbee.com/news/local/article190035709.html




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  2. #2
    Senior Member lorrie's Avatar
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    This is more liberal delay tactics.

    This court does not have jurisdiction over this matter and the law specifically prohibits a lower court from
    intervening in a removal order.
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  3. #3
    Senior Member JohnDoe2's Avatar
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    Cormac J. Carney

    From Wikipedia, the free encyclopedia

    On January 7, 2003, Carney was nominated by PresidentGeorge W. Bush to a seat on the United States District Court for the Central District of California vacated by Carlos R. Moreno. Carney was confirmed by the United States Senate on April 7, 2003, and received his commission on April 9, 2003. At the district court, Carney has handled complex civil and criminal matters, including patents, copyrights, trademarks, securities, business finance, civil rights, drug conspiracies and white collar crime.

    https://en.wikipedia.org/wiki/Cormac_J._Carney
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    Senior Member JohnDoe2's Avatar
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    US, Cambodia Agree on Deportations
    February 10, 2018 5:03 PM



    PHNOM PENH, CAMBODIA — The United States has negotiated a deal to resume the deportation of Cambodians, many of whom arrived as refugees, under a controversial resettlement program.

    A deal between the two governments under which hundreds of Cambodians had been sent back from the United States since 2002 fell apart last year when Phnom Penh reportedly stopped accepting returnees.


    U.S. officials retaliated by placing visa sanctions on Ministry of Foreign Affairs officials in September. On Friday, Cambodian officials succumbed to an offer to lift those bans.


    After a meeting between Cambodian Interior Minister Sar Kheng and Carl C. Risch, visiting assistant U.S. secretary of state for consular affairs, Phat Phanith, director of the International Relations Department, said the pair had agreed to resume the deal.


    "Samdech [Sar Kheng] also informed the delegates that Cambodia generally fulfills its obligation to take its citizens, but everything had to be thoroughly discussed," he said.


    "Samdech also asked that the U.S. government increase financial support to Cambodian citizens returning to Cambodia so that they could have a better start in life and successfully integrate into Cambodian society."


    In the past, deportees have been left in a country most have never lived in with no government support, leaving a handful of NGOs to scramble to provide them basic services.


    Extortion allegations

    The latest agreement came as the deportation program faces renewed scrutiny amid accusations from deportees that Cambodian officials have been using the process to extort bribes in U.S. detention centers.

    These accusations, first reported in The Phnom Penh Post, were revealed in a U.S. federal court ruling late last month that barred the Trump administration from repatriating 92 Cambodians until they had a chance to legally challenge their deportation orders.


    U.S. Assistant Secretary of State for Consular Affairs Carl C. Risch gestures during a news conference in Phnom Penh, Cambodia, Feb. 9, 2018. Rich was in Cambodia to talk with senior government officials about resuming the repatriation of convicted Cambod
    Ministry of Interior spokesman Khieu Sopheak denied the bribery allegations, saying Cambodian officials visited the U.S. detention facilities with U.S. police present.

    “The authorities sat down and interviewed [them] in front of the U.S. police. They went together…and this is defamation. And the one who wrote and said this, if they have their name, please tell us clearly and do not defame others like this,” he said.​


    At a news conference in Phnom Penh on Friday before the deal was reached, Risch said he was unaware of the bribery allegations but hoped Cambodian officials would cooperate in return for lifting the visa sanctions.


    "That's my goal," he said. "I would like to see the sanctions eventually be lifted and have Cambodia be cooperative in taking back their repatriation cases."


    "What we're making sure can be done is that there will be a repeatable, dependable uniform process going forward," he said.


    Most Cambodian deportees are sent back after serving jail sentences for felony convictions.


    Critics say this is a form of double punishment meted out to refugees already traumatized after fleeing the atrocities of the Khmer Rouge regime and subsequent turmoil in Cambodia.


    As permanent residents many don’t understand that they should apply for citizenship and without it could legally be deported if convicted of a felony.


    Advocates say they can be detained, completely unannounced, years after serving their sentences and swiftly deported to a country they fled as small children where they must come to terms with permanent separation from their families.


    Bill Herod, founder of the Returnee Integration Support Center, said that while the court had blocked the deportation of 92 Cambodians who had already left jail, others currently serving time were still being repatriated at the conclusion of their sentences.


    “We had one yesterday and one last week and one two weeks ago.

    We got nine on the 20th of December. But these are all people who came directly from prison” he said on Saturday.


    Herod did not know how this latest diplomatic twist would impact challenges to the legality of deportation program in the United States, but remained resigned to the reality that more would be sent back.


    “It’s not fair and it’s not nice and it’s not ethical and its not moral, but it’s legal.”


    When asked Friday whether deporting such individuals in this way was humane, Risch simply reaffirmed his intention to pressure Cambodia into resuming the agreement.


    The Asian Law Caucus, which has been providing legal support to the deportees, stressed that the people harmed by the program were refugee families who faced permanent separation as a result.


    "The latest diplomatic talks don't change the fact that these detentions and deportations of longtime U.S. residents are unjustified and immoral," the caucus said in an emailed statement.

    https://www.voanews.com/a/united-sta...s/4248241.html

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  7. #7
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    Load them up...land the plane...dump them out

    Gas up and take off!
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