Thread: Court orders feds to find and return deported mother and daughter from Guatemala

By Franco Ordoñez

McClatchy Washington BureauJune 19, 2015 Updated 15 hours ago

WASHINGTON — A U.S. Court of Appeals judge has ordered U.S. officials to intercept a mother and her 12-year-old daughter on plane Friday being deported to Guatemala and immediately return them to the United States.

The 34-year-old mother, Ana, and her daughter were woken up at 3 a.m. Eastern Daylight Time on Friday and pulled from their rooms at a Pennsylvania family detention center, where they had been living for over a year, said her attorney, Bridget Cambria. By 10 a.m., the two were placed on a plane flying to Panama City, where they would catch a second flight to Guatemala City.

In a rare move that will likely draw more attention to the controversial practice of family detention, Chief Judge Theodore A. McKee of the Third Circuit Court of Appeals ordered U.S. officials to stop Ana and her daughter when they arrive in Guatemala City and immediately return them to the United States.

“If the government is unable to intercept Petitioners at the airport, they must locate Petitioners in Guatemala and return them to the United States as quickly as possible,” McKee wrote in his June 19 order.

Reached Friday night, U.S. Immigration and Customs Enforcement officials said they were reviewing the court’s order.

“Right now the agency is working to prepare a way forward for all parties involved in the case,” said spokeswoman Gillian Christensen.

McClatchy isn’t sharing Ana’s last name because of concerns she and her lawyer have about possible reprisals from those she had fled in Guatemala.

Cambria had asked the court to block Ana’s deportation while her latest appeal was pending. In its opposition to that request, the U.S. attorney’s office told the court that, as of June 9, immigration officials had no plans to remove Ana and her daughter. She was then removed 10 days later at 9:55 a.m. Friday morning.

In his order, McKee said the court would have granted Cambria’s request to block the deportation had the court known Ana and her daughter were going to be deported.

Ana and her daughter were victims of domestic violence in Guatemala, Cambria said, and suffered psychological issues because of their long stay at the Berks County Residential Center in Pennsylvania.

Cambria said ICE knew that an emergency request to stop the deportation had been filed. But ICE officials didn’t notify the court that they had plans to remove the mother and child.

“It’s the court acknowledging that ICE can’t flex its muscle and deport victims of domestic violence, victims of sexual violence without giving them appropriate due process,” Cambria said. “You can’t play tricks when you’re dealing with people’s lives.”

The U.S. attorney has asked for Cambria’s help in tracking down Ana and her daughter in Guatemala.

http://www.centredaily.com/2015/06/1...-and.html?rh=1

“It’s the court acknowledging that ICE can’t flex its muscle and deport victims of domestic violence, victims of sexual violence without giving them appropriate due process,” Cambria said. “You can’t play tricks when you’re dealing with people’s lives.”

Why are US courts listening to domestic and sexual violence claims that took place in other countries? WHAT in the hell is going on? Why would we get involved with something like that? That is the domestic criminal affairs of their home countries.

Originally Posted by Judy

Why are US courts listening to domestic and sexual violence claims that took place in other countries? WHAT in the hell is going on? Why would we get involved with something like that? That is the domestic criminal affairs of their home countries.

Well, it's not our business, unless, like 'Bama, you're a narcissistic hustler who thrives on thumbing his nose at the American people.
*******************************
Americans first in this magnificent country

American jobs for American workers

Fair trade, not free trade

I really don't know how a US Federal Judge can possibly issue such an order. What authority do our agents have to enter another country looking for a mother and child escaping "domestic violence"? Doesn't the child's father have some say in the matter? Would we allow the Russians into the US to hunt down a US citizen and her child to haul them back to Russia for a deportation hearing? It's so totally absurd. How can you have a deportation hearing when the people to be deported who aren't under our jurisdiction to begin have already been deported and are no longer physically in our country but in another foreign jurisdiction?

I can see it now:

Our Agents: "Yes, we're here to find Individual A and Individual B

Guatemalan Authorities: "For what purpose?"

Our Agents: "To attend a deportation hearing".

Guatemalan Authorities: "Why would they attend a deportation hearing in the United States if they are in Guatemala?"

Our Agents: "Well, to determine if they should be deported or not."

Guatemalan Authorities: "But if they are here in Guatemala, why would you need a hearing to deport them?"

Our Agents: "Well, uuuuuh, the Judge wants to consider their request for Asylum."

Guatemalan Authorities: "Asylum from what?"

Our Agents: "Domestic violence."

Guatemalan Authorities: "We have laws about domestic violence, it is forbidden here, what are the names of those being accused of domestic violence. If the charges have merit, we will arrest the abusers."

Our Agents: "Uuuh, we don't have any details."

Guatemalan Authorities: "We will pick up Individual A and Individual B and interview them for the details, and if the charges have merit, arrest and prosecute their abusers. Isn't that what you do in the United States on domestic violence cases?"

Our Agents. "Yes."

Guatemalan Authorities: "Lets check our records to see if there are open cases concerning Individual A and Individual B."

Our Agents. "Okay."

Guatemalan Authorities: "We have no record of complaints filed here by Individual A or Individual B concerning any type of domestic violence."

Our Agnets: "Uuuuh."

Guatemalan Authorities: "Why do you think Individual A and Individual B are reporting claims of domestic violence to your Judges instead of Guatemalan Police?"

Our Agents: "Uuuuh, we have no idea."

Guatemalan Authorities: "Why not?"

Our Agents: "We don't know."

Guatemalan Authorities: "It's because you're a bunch of idiots."

Ana and her daughter were victims of domestic violence in Guatemala, Cambria said, and suffered psychological issues because of their long stay at the Berks County Residential Center in Pennsylvania.

What evidence could the mother and daughter combo provide that would prove their case? Is the word of the mother and the previously coached daughter enough? If that's all they got, than I don't see a case substantiated by real evidence. Is the bar set so low on asylum cases that ones word is all it takes? Furthermore, IMO, there should be no appeals process on immigration cases. Once an immigration judge says you're out of here, than that should be it, period!

Originally Posted by MW

What evidence could the mother and daughter combo provide that would prove their case? Is the word of the mother and the previously coached daughter enough? If that's all they got, than I don't see a case substantiated by real evidence. Is the bar set so low on asylum cases that ones word is all it takes? Furthermore, IMO, there should be no appeals process on immigration cases. Once an immigration judge says you're out of here, than that should be it, period!

Yes, the bar is set that low. And there shouldn't even be a bar on that issue. There is no basis in the world right now for "asylum". Using these domestic issues in other countries such as domestic or sexual violence or drug violence or whatever makes no sense. All countries have this, we have this, this is no basis for admission to the United States under asylum.

Stropping in to wish Happy Father's Day to American fathers!


After reading this story maybe I need to amend the message to be for all American fathers still lucky enough to be fathers in America. I wonder when the courts will order deportation of your sons? Is that any more ridiculous that this story? Sending for supposed victims of domestic violence now, well, women of the world regardless of nation all get plane sent for them if they just claim domestic violence?

I am totally discouraged over the USA!!! The courts are loaded against citizens. What is left to fight for?

Originally Posted by Judy

Yes, the bar is set that low. And there shouldn't even be a bar on that issue. There is no basis in the world right now for "asylum". Using these domestic issues in other countries such as domestic or sexual violence or drug violence or whatever makes no sense. All countries have this, we have this, this is no basis for admission to the United States under asylum.

I agree.