Bloggings on Deportation and Removal

by 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.