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Thread: Blogging: Yet Another "Low Priority" "Non-Criminal" Immigrant is Facing Deportation and Needs Your Help by Matthew Kolken

  1. #1

    Blogging: Yet Another "Low Priority" "Non-Criminal" Immigrant is Facing Deportation a

    Bloggings on Deportation and Removal


    Matthew Kolken

    Yet another "low priority" "non-criminal" immigrant is facing deportation and needs your help.


    The Petition

    To Assistant Secretary of Homeland Security, John Morton, and Secretary of Homeland Security, Janet Napolitano:

    I am writing to call for the immediate release of Agnaldo Batista de Andrade (A#205-345-159) from Broward Transitional Center and urge ICE to immediately stop his deportation.*Agnaldo is a low priority for deportation, has an approved I-130 application and a pending green card application with a March 4th appointment date. Despite all this, he has not been released while his U.S. citizen wife, Claudia, continues to suffer emotionally in his absence.

    Agnaldo came to the United States from Brazil in March, 2004 in search of a better life. Growing up one of 12 children in an impoverished village, Agnaldo’s family sometimes did not have enough money to put food on the table or shoes on their feet. When he came to the U.S., Agnaldo wanted nothing more than to be able to support his family in Brazil, and along the way, he found the love of his life, who he married in March, 2012.*

    Everything came crashing down in 2012, when his mother passed away in January. In April, Agnaldo’s wife took care of her mother in Brazil, at which time, she found out that she had severe appendicitis and had to have an emergency appendectomy without her husband.*Grief-stricken on Mother’s Day, having been separated from all of the women he loves, he went to a friend’s house to be consoled. Agnaldo consumed a small amount of alcohol while at his friend’s house.*On his way home, after swerving to miss hitting a dog in the road, he lost control and crashed his car.*Agnaldo was injured, but no other passenger or car was involved in the crash. Agnaldo, however, was summarily arrested by local sheriff’s office and soon transferred to ICE custody.

    Other than this infraction, Agnaldo has never been in trouble with the law and is therefore a perfect candidate for prosecutorial discretion, as laid out by John Morton, the Director of Immigration Customs and Enforcement.*In addition, Agnaldo received approval for his I-130 petition and has a pending Green Card application with a March 4th appointment to pursue approval of his adjusted status.

    In the year that Agnaldo has been detained, his wife Claudia has shown signs of depression – she’s not sleeping or eating well, and spends every last penny to support her husband. Claudia was not able to continue paying for her house, and is now living with her children, still trying to keep herself afloat.

    Millions of citizens across the country are arrested for this same offense every year, however they do not have to fear being separated from their families.*Claudia has made it clear that she will not leave her husband’s side, and will be forced to leave the U.S. if Agnaldo is deported.*

    According to the memo issued by John Morton, Agnaldo is not a priority for deportation, has an approved I-130, a pending green card application, and should be released immediately and granted favorable exercise of prosecutorial discretion. I urge you to release Agnaldo from Broward Transitional Center immediately and stop his deportation.*

    Click here to sign the petition, and/or call John Morton, Director of ICE @ 202-732-3000

    Sample script:

    "I am calling to ask ICE to release Agnaldo Batista de Andrade (A#205345159). He has an approved I-130 and has already applied for a green card. His U.S. citizen wife, Claudia, continues to suffer from depression and is fighting to keep a roof over her head. Agnaldo is a low priority for deportation and should be released immediately."*

    About The Author

    Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).

    The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.

  2. #2
    How did you get Mr. Morton to pay attention & acknowledge this case? I have been trying to get him to acknowledge mine for months.

  3. #3
    He is a drunk driver and needs to be deported ASAP before he kills some innocent american child. I showed this webpage to all of my friends and family and we will contact our congressional representative about this outrage first thing monday. We will do our best to make sure he is not endangering our children anymore. It is disgusting how the immigration lawyers can get to make a few bucks. Shame on you.

  4. #4
    @activist- It did not say he was drunk it say he consumed a small amount and swerved to miss a dog.If you are so concerned with drunk driving you need to look at the amount of Americans that have traffic violations involving alcohol. Or if you just being hateful and don't like immigrants at least be honest about it .What amazes me is Americans can get in trouble, make mistakes, make errors in judgement but a immigrant has to be perfect and if they dare to be human they are punished for life while Americans can go home to their family's after they pay their fine or do time. They are human beings to they are not GOD as human beings we all make mistakes and mess up the thing is to learn from them.
    Last edited by star_of_truth; 03-03-2013 at 11:51 PM.

  5. #5
    Well. He still was drunk and unfit to drive if he crashed his car and was arrested. Should we patiently wait till he gets drunk again and commits a crime DUI kill of innocent children? He has no place here and I will not rest till he is no danger to this society. He was given a chance when his illegal entry to this country has been forgiven and he basically spat on it. He needs to go back now before he kills someone.

    Thank you Mr. Kolken for making this case public anyways. More calls, faxes and petitions to ICE top brass are on the way in regard to this individual removal. We need to keep the children safe from irresponsible law breaking alcohol addicts whatever it takes.

    GOD help us in this struggle!

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