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  • I was convicted under the wrong statute resulting in deportation

    Hello,

    This is a desperate cry for help. In a nutshell: after two years of negotiations I relied on what would bring me a sizable commission to cover an medical emergency using a downpayment of a customer. However it turned out to be a scam and I could not meet my obligations. I took a plea bargain for grand theft as I saw no use in fighting the truth.
    I was in export and the whole deal with the customer I [mis]used the downpayment from was done by fax transmission, no word was even spoken, thus making this a textbook example of "mail or wire fraud" The crucial and essential difference, of which I was not aware, is that "mail or wire fraud" is only deportabler if the sustained loss is over $10,000, in my case it was a "mere" (compared to the legal treshold) $5,500, thus NON deportable.

    The sad fact is that I realized this only much too late. I am also eligible for a 212(h) waiver (I have an 11-year-old US citizen daughter) and have an O-visa (extra ordinary abilities) but got denied an adjustment of status because I overstayed my tourist visa (non-malicious as stated in the ruling of the immigration judge).

    Now I am deported to my native Belgium where I have no family, relations nor friends and, much worse, torn from my family and unable to provide them.

    Suggestions as to a solution (the full story with all the relevant documents can be found at my website www.wiZZar.com )

    I thank you for your attention

    Andre C. Hulsart

    [This message was edited by Andre on October 13, 2003 at 01:50 PM.]

  • #2
    Hello,

    This is a desperate cry for help. In a nutshell: after two years of negotiations I relied on what would bring me a sizable commission to cover an medical emergency using a downpayment of a customer. However it turned out to be a scam and I could not meet my obligations. I took a plea bargain for grand theft as I saw no use in fighting the truth.
    I was in export and the whole deal with the customer I [mis]used the downpayment from was done by fax transmission, no word was even spoken, thus making this a textbook example of "mail or wire fraud" The crucial and essential difference, of which I was not aware, is that "mail or wire fraud" is only deportabler if the sustained loss is over $10,000, in my case it was a "mere" (compared to the legal treshold) $5,500, thus NON deportable.

    The sad fact is that I realized this only much too late. I am also eligible for a 212(h) waiver (I have an 11-year-old US citizen daughter) and have an O-visa (extra ordinary abilities) but got denied an adjustment of status because I overstayed my tourist visa (non-malicious as stated in the ruling of the immigration judge).

    Now I am deported to my native Belgium where I have no family, relations nor friends and, much worse, torn from my family and unable to provide them.

    Suggestions as to a solution (the full story with all the relevant documents can be found at my website www.wiZZar.com )

    I thank you for your attention

    Andre C. Hulsart

    [This message was edited by Andre on October 13, 2003 at 01:50 PM.]

    Comment


    • #3
      To get deportablity, if you are deportable or not you shount full sentence of the crime. you might pled guilty to the higher crime sentences but was reduced by judge( may be)
      check the full panelty of the mail or wire fraud first. If you still think you are not deportable then you can appeal to BIA or Immigration judge.
      Its a discussion, not a legal advise..

      Comment


      • #4
        What are we supposed to do?

        Go get a lawyer, and file whatever forms, etc. you can and try your luck with the judges. I assume you went to immigration trials with the courts and judges before you got deported. And fought tooth and nail, right? or did you just give up and voluntarily left?

        If you left by yourself -- it shows even you didn't believe you had a case.

        -= nav =-

        Comment


        • #5
          I read your site and stunned by your story. You proved your point on the err, however, I am still not totally convinced...why?, you say mention your previous employment, you even fathered an automobile design and further was part of a significant breakthough in automobile paint technology and is being used only on high end vehicles. What troubles me is that for an exta ordinary guy like you mentioned and all of what you were part of, you should be atleast a homeowner in the U.S.,. You say your kid and your wife now lives in a one bedroom apartment in a very poor neighborhood. You are asking monetary help on your website which makes me suspect this is just a scam.

          I apologize for being skeptic but you are right on the money about your case but something is fishy about the whole scenario.

          Good luck to you

          Comment


          • #6
            I sent his website to a friend of mine who works for the INS to look at. That site is such a scam for money and support it isn't funny.

            You'd think someone with "extraordinary" abilities, wouldn't be so **** stupid.

            1) He overstays his visa
            2) He gets denied a visa cuz he's out selling cars, instead of doing what he was admitted in the country to do.
            3) He commits grand theft and pleads GUILTY. A 50+ y/o person should know better. Doesn't matter what the cirumstances are now. He plead GUILTY. He's a criminal.
            4) He went through the courts and lost. He was told to voluntarily leave. He DIDN'T. He got caught and physically DEPORTED.
            5) If he REALLY wanted to be with his daughter, he'd immigrate to Canada and live across the border.

            He left in 89, yet has no friends or family apparently and he's poor. I guess the people fleeing wartorn countries shoudl be tossed aside -- so we can admit this illegal law-breaking, deported criminal back in.

            There are MILLIONS of people who came to this country legally. Your abuse of our immigration laws makes EVERYONE's job harder. You're out of our country. Please stay there.

            No American should go out adn support you, out of all the millions of hard-luck deportee stories -- only cuz you got good website skills.

            Oh btw: Next time i steal money from a bank. I was just "borrowing" it for some emergency. That makes it right.

            -= nav =-

            Comment


            • #7
              sorry to hear your story Andre. I see some of our friends in the middle of fraudelent marriages can't wait to rip off someone with different problems than their own...

              Anyways. the only relief you've got is to reopen your conviction and get a new trial. There is no way around it. It is not so much just the amount involved, it is also the max. punishment POSSIBLE (364+ days). it doesn't even have to be actually imposed that determines if you're an aggravated felon or not; you can be off on parole or not sit a single day in jail the important part is that a judge determined guilt or you plead nole, that is enough for BCIS and immigration laws to consider you convicted. These laws can be unfair occasionally and i'm not entirely sure about all of your circumstances e.g. were you a lawfull resident at the time of the conviction? were you a legal permanent resident? All these aspects can have a tremondeous effect. another thing for you to consider is a executive pardon. If your case is really that unjust you should be able to find open ears with Conan...ehm, pardon...Arnold or Mr. Bush! There used to be a statute of limitations, unfortunatly no more, but time is still a bit on your side since it really has been a long time... good luck!

              Comment


              • #8
                Hello again,
                I read the posts regarding my case. Some are sceptical, which I understand, it is quite unbelievable, some are outright hostile and some are really constructive. I want to post here some quick reply, will do it more in detail on my site.

                moodin: what can you do, give legal advice and help. Yes, I went through the whole thing, from immigration to BIA even tried 9th cirquit. I fought indeed tooth and nail, even had a case still pending when I got deported, would never leave voluntary.
                Yes, I was so st... as you state it, I did overstay my visa, but I was NOT denied because I was in the export, I got denied because I overstayed, sorry if I was not clear here.
                You are right, the circumstances of the crime make it [maybe] understandable but DO NOT make it right, BUT a bank would be grand theft while now it is mail or wire fraud, a WORLD of difference in immigration matters. And please, be not so quick to judge, it can happen to anybody. If you are presented with a transfer document in your name, go with it to the manager of your bank (Wells Fargo) who confirms its good form and are confronted with an emergency, many will do what I did, believe me (again this does NOT justify it is still is wrong). I did NOT plead guilty but nolo contendere (no contest) and did NOT commit grand theft but mail or wire fraud, the kingpin of the whole problem.
                I was NOT told to volontary leave, I was deported. Yes, I have no friends HERE in Belgium, and now I am poor (see further also), I was not but all this has, these several years have drained ALL our resources, pretty normal isn't it?
                You are completely right that the illegals make it harder on everybody, case at hand me. If the system would not have been abused as it has been I would NOT have such a hard time now. I did NOT come to the country illegally but overstayed, procrastinated.

                angeleyes14344. I understand you are sceptical. We did have the good life, a house with pool, three cars, a motorhome and so on but all this is gone, gone in the abyss of the legal costs and costs of living for a family with three children and no provider (me). Everything can be checked should you be so inclined. We do not really want money but help, are you, or do you know of a lawyer, who want to tackle this pro bono, great, getting money is NOT the object, getting back is.

                acelaw: thanks for the advice. The problem is that I am a layman. I already tried to have the conviction changed to the correct statute but was denied on the grounds that: once you have finished your sentence, that's it. I have no idea how to reopen, but will look into it. I will also look into the executive pardon.

                Thanks for all who took the trouble to visit my site and answer.

                Comment


                • #9
                  in export and the whole deal with the customer I [mis]used the downpayment from was done by fax transmission, no word was even spoken, thus making this a textbook example of "mail or wire fraud" The crucial and essential difference, of which I was not aware, is that "mail or wire fraud" is only deportabler if the sustained loss is over $10,000, in my case it was a "mere" (compared to the legal treshold) $5,500, thus NON deportable.

                  The sad fact is that I realized this only much too late. I am also eligible for a 212(h) waiver (I have an 11-year-old US citizen daughter) and have an O-visa (extra ordinary abilities) but got denied an adjustment of status because I overstayed my tourist visa (non-malicious as stated in the ruling of the immigration judge).

                  Now I am deported to my native Belgium where I have no family, relations nor friends and, much worse, torn from my family and unable to provide them.

                  Suggestions as to a solution (the full story with all the relevant documents can be found at my website www.wiZZar.com )

                  I thank you for your attention

                  Andre C. Hulsart

                  [This message was edited by Andre on October 13, 2003 at 01:50 PM.]




                  mohan

                  Member
                  posted October 13, 2003 03:20 PM
                  To get deportablity, if you are deportable or not you shount full sentence of the crime. you might pled guilty to the higher crime sentences but was reduced by judge( may be)
                  check the full panelty of the mail or wire fraud first. If you still think you are not deportable then you can appeal to BIA or Immigration judge.




                  moondin
                  Member
                  posted October 13, 2003 08:08 PM
                  What are we supposed to do?

                  Go get a lawyer, and file whatever forms, etc. you can and try your luck with the judges. I assume you went to immigration trials with the courts and judges before you got deported. And fought tooth and nail, right? or did you just give up and voluntarily left?

                  If you left by yourself -- it shows even you didn't believe you had a case.

                  -= nav =-




                  angeleyes14344

                  Member
                  posted October 14, 2003 12:34 AM
                  I read your site and stunned by your story. You proved your point on the err, however, I am still not totally convinced...why?, you say mention your previous employment, you even fathered an automobile design and further was part of a significant breakthough in automobile paint technology and is being used only on high end vehicles. What troubles me is that for an exta ordinary guy like you mentioned and all of what you were part of, you should be atleast a homeowner in the U.S.,. You say your kid and your wife now lives in a one bedroom apartment in a very poor neighborhood. You are asking monetary help on your website which makes me suspect this is just a scam.

                  I apologize for being skeptic but you are right on the money about your case but something is fishy about the whole scenario.

                  Good luck to you




                  moondin
                  Member
                  posted October 14, 2003 03:43 AM
                  I sent his website to a friend of mine who works for the INS to look at. That site is such a scam for money and support it isn't funny.

                  You'd think someone with "extraordinary" abilities, wouldn't be so **** stupid.

                  1) He overstays his visa
                  2) He gets denied a visa cuz he's out selling cars, instead of doing what he was admitted in the country to do.
                  3) He commits grand theft and pleads GUILTY. A 50+ y/o person should know better. Doesn't matter what the cirumstances are now. He plead GUILTY. He's a criminal.
                  4) He went through the courts and lost. He was told to voluntarily leave. He DIDN'T. He got caught and physically DEPORTED.
                  5) If he REALLY wanted to be with his daughter, he'd immigrate to Canada and live across the border.

                  He left in 89, yet has no friends or family apparently and he's poor. I guess the people fleeing wartorn countries shoudl be tossed aside -- so we can admit this illegal law-breaking, deported criminal back in.

                  There are MILLIONS of people who came to this country legally. Your abuse of our immigration laws makes EVERYONE's job harder. You're out of our country. Please stay there.

                  No American should go out adn support you, out of all the millions of hard-luck deportee stories -- only cuz you got good website skills.

                  Oh btw: Next time i steal money from a bank. I was just "borrowing" it for some emergency. That makes it right.

                  -= nav =-




                  aceIaw
                  Member
                  posted October 14, 2003 05:48 PM
                  sorry to hear your story Andre. I see some of our friends in the middle of fraudelent marriages can't wait to rip off someone with different problems than their own...

                  Anyways. the only relief you've got is to reopen your conviction and get a new trial. There is no way around it. It is not so much just the amount involved, it is also the max. punishment POSSIBLE (364+ days). it doesn't even have to be actually imposed that determines if you're an aggravated felon or not; you can be off on parole or not sit a single day in jail the important part is that a judge determined guilt or you plead nole, that is enough for BCIS and immigration laws to consider you convicted. These laws can be unfair occasionally and i'm not entirely sure about all of your circumstances e.g. were you a lawfull resident at the time of the conviction? were you a legal permanent resident? All these aspects can have a tremondeous effect. another thing for you to consider is a executive pardon. If your case is really that unjust you should be able to find open ears with Conan...ehm, pardon...Arnold or Mr. Bush! There used to be a statute of limitations, unfortunatly no more, but time is still a bit on your side since it really has been a long time... good luck!




                  Andre
                  Junior Member
                  posted October 15, 2003 03:03 AM
                  Hello again,
                  I read the posts regarding my case. Some are sceptical, which I understand, it is quite unbelievable, some are outright hostile and some are really constructive. I want to post here some quick reply, will do it more in detail on my site.

                  moodin: what can you do, give legal advice and help. Yes, I went through the whole thing, from immigration to BIA even tried 9th cirquit. I fought indeed tooth and nail, even had a case still pending when I got deported, would never leave voluntary.
                  Yes, I was so st... as you state it, I did overstay my visa, but I was NOT denied because I was in the export, I got denied because I overstayed, sorry if I was not clear here.
                  You are right, the circumstances of the crime make it [maybe] understandable but DO NOT make it right, BUT a bank would be grand theft while now it is mail or wire fraud, a WORLD of difference in immigration matters. And please, be not so quick to judge, it can happen to anybody. If you are presented with a transfer document in your name, go with it to the manager of your bank (Wells Fargo) who confirms its good form and are confronted with an emergency, many will do what I did, believe me (again this does NOT justify it is still is wrong). I did NOT plead guilty but nolo contendere (no contest) and did NOT commit grand theft but mail or wire fraud, the kingpin of the whole problem.
                  I was NOT told to volontary leave, I was deported. Yes, I have no friends HERE in Belgium, and now I am poor (see further also), I was not but all this has, these several years have drained ALL our resources, pretty normal isn't it?
                  You are completely right that the illegals make it harder on everybody, case at hand me. If the system would not have been abused as it has been I would NOT have such a hard time now. I did NOT come to the country illegally but overstayed, procrastinated.

                  angeleyes14344. I understand you are sceptical. We did have the good life, a house with pool

                  Comment


                  • #10
                    Hey, Hill Tom,

                    Thanks for the effort but something went wrong, you just reposted all the messages and nothing was added, what's up??

                    Comment


                    • #11
                      >I got denied because I overstayed

                      Then don't talk about your "crime". It's mute and has nothing to do with your case. You're just trying to build sympathy that had nothing to do with you getting deported.

                      >Yes, I have no friends HERE in Belgium, and
                      >now I am poor

                      Yeah so? That's not my problem as an American. There's plenty of POOR people in Africa and Columbia with less than you do. Join the end of the line.

                      >so on but all this is gone

                      Yes because you overstayed your visa. You started selling cars, when you should've been doing whats' in your *exceptional* ability. Thus your visa was never extended.

                      You should've left the country then or filed for some other visa.

                      You didn't.

                      You illegally stayed.

                      You got deported.

                      You're the weakest link. I'm glad the system works and got frauds like you out of here. There's plenty of LEGAL people who want to obey the laws and come here. Let them take your spot.

                      btw: if you REALLY want people to know the truth. Feel free to post the WHOLE court case document on your case, instead of hearing your biased opinion on the site.

                      -= nav =-

                      Comment


                      • #12
                        Hello moondin. Please allow me to answer: ( marked by --

                        >I got denied because I overstayed

                        Then don't talk about your "crime". It's mute and has nothing to do with your case. You're just trying to build sympathy that had nothing to do with you getting deported.

                        -- OK, just ignore it. I said it is moot as I am (was) entitled to a waiver. BUT it is the beginning of all the problems and should be mentioned.

                        >Yes, I have no friends HERE in Belgium, and
                        >now I am poor

                        Yeah so? That's not my problem as an American. There's plenty of POOR people in Africa and Columbia with less than you do. Join the end of the line.

                        -- Did I say it was your problem?? I do not think I did. And at $1.00-a-day is not the Ritz, especially not in a society where there is "only" 21% sales tax and evferything is mighty expensive, BUT I do not complain about that. It is this which forces me to ask for HELP, not necessarily, money is only secondary. My main and only object is HELP getting back by whatever [legal] means - period.

                        Sorry to see such selfishness but - that's life YOU have to live with it whether you're an American or not, YOU will suffer the consequences whether now or later. I do hope that you NEVER made a mistake yourself or I have to add hypocrisy to it too - let he who is without sin cast the first stone . . .
                        >so on but all this is gone

                        Yes because you overstayed your visa. You started selling cars, when you should've been doing whats' in your *exceptional* ability. Thus your visa was never extended.

                        -- Please read the site correxctly. I was selling cars building a capital to start a business in design, to give employment to "Americans" like you. Doing this and during this short time I brought in several MILLIONS of Dollars in foreing currency.
                        The other visa was at the end of its life, that's why I filed and got an exeptional abilities one. Should I have had no trouble, this one would have "flown" through without any problem and I would [almost] be a citizen, a fellow "American" (which I will become sooner or later - sir.

                        You should've left the country then or filed for some other visa.

                        -- It's hard to leave one's country and it's also hard when you're detained. I did NOT have to file for another visa as the extraordinay abilities was current.

                        You didn't.

                        -- see above

                        You illegally stayed.

                        -- that was BEFORE I filed for the extra ordinary abilities one. I admit I procrastinated.

                        You got deported.

                        -- indeed and I'm working recitfying this and WILL

                        You're the weakest link. I'm glad the system works and got frauds like you out of here. There's plenty of LEGAL people who want to obey the laws and come here. Let them take your spot.

                        -- again: read the site, the systems works, yes it does, but here it didn't as intended. I was NEVER a fraud, even the immigration judge admits in his conclusions that the overstay was the result of a mis-understanding and not malicious nor fraudulent. Should I have had effective counsel then and there I would have had my adjustment of status and now be less than two years away from citizenship.

                        btw: if you REALLY want people to know the truth. Feel free to post the WHOLE court case document on your case, instead of hearing your biased opinion on the site.

                        -- fine, I DO NOT have a problem with that, which case do you want the immigration I think as you say yourself that the criminal one should be dismissed as: "It's mute and has nothing to do with your case" I will, I let you know when it is, OK, I add the WHOLE transcript of the hearing? And, thanks for the good idea/suggestion, it will put things in perspective indeed.

                        -= nav =-

                        Comment


                        • #13
                          ADJUSTED ANSWER Pls disregard previous
                          Hello moondin. Please allow me to answer: ( marked by --)

                          >I got denied because I overstayed

                          Then don't talk about your "crime". It's mute and has nothing to do with your case. You're just trying to build sympathy that had nothing to do with you getting deported.

                          -- OK, just ignore it. I said it is moot as I am (was) entitled to a waiver. BUT it is the beginning of all the problems and should be mentioned. If I did not I could be accused of hiding the truth and all the facts. It is nothing to be proud of, but it is a part of the equqtion and should be mentioned.

                          >Yes, I have no friends HERE in Belgium, and
                          >now I am poor

                          Yeah so? That's not my problem as an American. There's plenty of POOR people in Africa and Columbia with less than you do. Join the end of the line.

                          -- Did I say it was your problem?? I do not think I did. And at $1.00-a-day is not the Ritz, especially not in a society where there is "only" 21% sales tax and everything is mighty expensive, BUT I do not complain about that. A Dollar-a-day is a modern country such as the US or Belgium for that matter is not the same as a-Dollar-a-day in a third world country where the cost of living is much less, again, no complaint about that, it is YOU who brought it up and it is YOU I answer. It is this which forces me to ask for HELP, not necessarily money, money is only secondary. My main and only object is HELP getting back by whatever [legal] means - period.

                          >so on but all this is gone

                          Yes because you overstayed your visa. You started selling cars, when you should've been doing whats' in your *exceptional* ability. Thus your visa was never extended.

                          -- Please read the site correxctly. I was selling cars building a capital to start a business in design, to give employment to "Americans" like you. During the short time in export I brought in several MILLIONS of Dollars in foreing currency. Being "fresh" immigrants we worked with a minimum of profit and many an American was happy to sell his/her car to us since, working at a minimal profit, we could and did give more than others.
                          The other visa was at the end of its life, that's why I filed and got an exeptional abilities one. Should I have had no trouble, this one would have "flown" through without any problem and I would [almost] be a citizen, a fellow "American" (which I will be sooner or later - sir.)

                          You should've left the country then or filed for some other visa.

                          -- It's hard to leave one's country and it's also hard when you're detained. I did NOT have to file for another visa as the extraordinay abilities was current.

                          You didn't.

                          -- see above

                          You illegally stayed.

                          -- that was BEFORE I filed for the extra ordinary abilities one. We came in legally and got inspected as the term goes, it has always been our intention, and still is to stay [forever], become citizens. Our country is the United States of America, that's it, we have nothing to do anymore with any other country. Now I am stuck in what is by all means to me a foreign country, OK, fine, but having the "American" spirit, I am not going to stand still by it and sit in a corner and cry, no I am fighting to get back, to right a wrong. We transplanted our roots and will now continue to live in America as Americans (of foreign heritage - as ALL Americans with the exception of the native-americans) I admit I procrastinated with the adjustment, but hey, the business was taking up much of the time and the complexity of the immigration laws is daunting AND, sad fact, many (NOT all) of the immigration lawyer are not, shall I say - very "honest?"

                          You got deported.

                          -- indeed and I'm working recitfying this and WILL

                          You're the weakest link. I'm glad the system works and got frauds like you out of here. There's plenty of LEGAL people who want to obey the laws and come here. Let them take your spot.

                          -- again: read the site, the systems works, yes it does, but here it didn't as intended. I was NEVER a fraud, even the immigration judge admits in his conclusions that the overstay was the result of a mis-understanding and not malicious nor fraudulent. Should I have had effective counsel then and there I would have had my adjustment of status and now be less than two years away from citizenship (see about immigration lawyers above).

                          btw: if you REALLY want people to know the truth. Feel free to post the WHOLE court case document on your case, instead of hearing your biased opinion on the site.

                          -- fine, I DO NOT have a problem with that, which case do you want the immigration I think as you say yourself that the criminal one should be dismissed as: "It's mute and has nothing to do with your case" I will, I let you know when it is posted, OK, I add the WHOLE transcript of the hearing? And, thanks for the good idea/suggestion, it will put things in perspective indeed.

                          -- Who is biased here? Am I, I think I put on a pretty honest and complete history. Could you be? I think so, what, if happened to be born on the other side of that US border, meaning in the US? Would you advocate that I be removed because I made a mistake, no, as you say it has nothing to do with it. Why should I then be removed? Because I failed to renew my driver's license or some similar document, yes, that's what you're saying but then you should have lots of room as many an American should be removed too. Or is it because I, happening to be born outside am inferior, nah, that can't be, the last person thinking of a "pure race" got in seriuos trouble more than fifty years ago. As, if that's the case, you think I'm inferior being of "another" origin is just then this attitude is very UN-American. To me, it is not the origin which counts, it is the way of thinking, of acting. Then why do you feel so vehemenously that I should be removed and stay out, if every American who breaks any law has to be removed, wow, the United States will a an quite empty place and only children will be left or, did you never as much drive over the speed limit which endangers the lives of your fellow Americans? What I did endangered nobody and if you want to consider the criminal case, the victim was even not American, not even in the US but in Sweden so where's the problem - in your head.
                          Sorry to see such selfishness and shortsightedness but - that's life YOU have to live with it whether you're an American or not, YOU will suffer the consequences whether now or later. I do hope that you NEVER made a mistake yourself or I have to add hypocrisy to it too - let he who is without sin cast the first stone . . .

                          -= nav =-

                          Comment


                          • #14
                            Hello,

                            For those who are interested, or sceptical, I posted the whole transcript of my immigration hearing on my site www.wizzar.com. Just go to "deportation Proceedings" and then click on "transcript" in the text.

                            Andre

                            Comment


                            • #15
                              >I was selling cars building a capital to start
                              >a business in design, to give employment
                              >to "Americans" like you

                              O-1 visa holders are not allowed to start businesses. You didn't have a green card.

                              You broke the rules. Next time don't be so stupid.

                              Goodbye.

                              -= nav =-

                              Comment



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