Thread: CT-Polish immigrant's appeal denied

Polish immigrant's appeal denied
By RICK GUINNESS, Herald staff08/30/2008


NEW BRITAIN - Polish immigrant and kidney transplant patient Vivian Nowakowski found out Friday that an appeal of her husband's deportation has been denied, and he is slated to be sent back to Poland unless she can take the case to an even higher court.

But the case is far from over.

U.S. Rep. Chris Murphy, D-5th District, after meeting with Vivian last week, was moved by her story and sent a letter on the couple's behalf directly to the offices of the U.S. Department of Homeland Security in Washington, D.C.

Murphy is one of many public officials who have tried to help, according to alderman Larry Hermanowski, who said Thursday that immigration officials are lacking in compassion. He pointed to a case of immigrants who moved to America legally but had their baby in Poland and could not bring the child to the U.S. for six years. As a Polish official, he was approached by them for help.

"Immigration is so cold-hearted," Hermanowski said.


But the Nowakowski case is an even tougher one to call, because it is based on Andrzej Nowakowski having been convicted of various crimes, mostly possession of narcotics. Although he served his time, cleaned up his act and hadn't been considered for deportation, he was arrested this year when applying for a new green card.

He was taking care of Vivian at the time of his arrest. She has been on dialysis for 14 years and is awaiting a kidney transplant, which doctors say she can't have unless Andrzej can care for her at home during the long recovery.

Vivian was able to see her husband Sunday after new friends with similar immigration troubles drove her to the federal prison in Rhode Island where he is awaiting deportation. Then she got a call from him Friday that broke her heart.

She said officials gave him documents to sign that were written in Polish, which - having been in the United States for 35 years - he does not read. They were applications for a Polish passport, she said.

She is acting as her husband's appellate lawyer, but is not getting documents from court. Her latest appeal on his behalf was rejected Aug. 21, but she didn't get it until he sent it to her.

She appealed with a plea of hardship. An immigration judge noted "hardship is not one of the criteria for establishing statutory cancellation of removal."

She does not know the law, and that she is not getting documents directly hampers her ability to file the next appeal in time.

She is more desperate for a good immigration lawyer than for a new kidney right now, she said. She is hoping a lawyer will volunteer to help.

She also said she was extremely appreciative of Murphy's intervention and moved by the tenor of his letter, which Murphy sent Wednesday to Donald Kent, assistant secretary of the office of legal affairs at Homeland Security.

"I write to you today on behalf of Ms. Vivian Nowakowski, a constituent of mine ... to ask your full and expeditious review of the case of her husband, Andrzej Nowakowski, taking into close consideration the humanitarian aspects involved in this difficult situation," Murphy wrote.

"Without her husband, Mrs. Nowakowski may be unable to obtain this life-saving transplant she desperately needs," he wrote.


"I understand that Mr. Nowakowski's past crimes are of a serious nature, and should be considered with the full weight they deserve. However, I respectfully request that, to the extent allowed under the law, you consider the scope of this case's humanitarian impacts as well, and the life that could be irreparably harmed as a result of Mr. Nowakowski's deportation. I ask that the needs of my constituent, Mrs. Vivian Nowakowski, are addressed in deciding Mr. Nowakowski's fate."


Murphy said earlier this week that he decided to intercede because he believes "there is a life at stake."

"He obviously did something wrong," Murphy said of Andrzej Nowakowski, and "there is not much discretion built into the system."

Looking at a potential worst case, and Andrzej's deportation, he said he is prepared to do everything he can "to help Vivian with other options to pursue the lifesaving care she needs."

Vivian is not just hanging in to fight for her husband. She is caregiver for her diabetic father, Czeslaw Weber, 69, who is also on dialysis and who passed out Friday while Vivian was talking to reporters and in front of Vivian's mother, Jozefa Weber, who called 911.

New Britain EMS came to the High Street home, and wanted to take him to the hospital, but he refused after regaining consciousness.

"My father wants to disconnect from dialysis and die," Vivian said after paramedics left the home. "When my husband was here, at least we were able to pick him up."

"He always helps," Vivian's mother said of Andrzej. "No people. No help ..."

She said "thank God he was home," when his father-in-law had a heart attack last year.

The family is vintage New Britain - proud, hardworking and taking care of its own.

But Vivian admitted Friday that "I don't have the money or the energy at this point" to wage an effective legal battle.

Andrzej is still being held at Donald W. Wyatt Detention Facility in Central Falls, R.I.

Rick Guinness can be reached at rguinness@newbritainherald.com or (860) 225-4601, ext. 236.


http://www.zwire.com/site/index.cfm?new ... 4835&rfi=8

U.S. Rep. Chris Murphy, D-5th District, after meeting with Vivian last week, was moved by her story and sent a letter on the couple's behalf directly to the offices of the U.S. Department of Homeland Security in Washington, D.C.

Ok Chris whoever you are, nice publicity stunt as that is all it is seeing as how you must know that the Department of Homeland Security has no congressional oversight.





Bon Voyage, Illegal Alien!

She appealed with a plea of hardship. An immigration judge noted "hardship is not one of the criteria for establishing statutory cancellation of removal."

I'm confused here. How come pleas of hardship are successful for hispanic illegal aliens, but not others?