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ICE (USA): DEPORTATION OF ONE CHILD OF SEVEN CHILDREN AGAINST THE ORDER OF JUDGE THOMAS RAGNO AND UNITED NATIONS CONVENTIONS -
ICE (USA) UNDER BUSH'S GOVT: DEPORTATION OF ONE CHILD OF SEVEN CHILDREN AGAINST THE ORDER OF JUDGE THOMAS RAGNO AND UNITED NATIONS CONVENTIONS - RIGHTS OF THE CHILD/ PARENTS /SIBLINGS AND JULY 28, 1951
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RELEASE ORDERED IMMEDIATELY IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT _________________________________________________________________ Civil Appeal No. 09-1610 ______________________________________________________ IN REMOVAL PROCEEDINGS In the Matter of: 1. 97-446-370 – OFUME, PHILLIP CHUKWUMA 2. 96-416-429 – OFUME, MAUREEN NGOZI 3. 96-416-430 – OFUME, KLEBER ODIMEGWU 4. 96-416-431 - OFUME, KEYNES ONYERO 5. 96-416-432- OFUME, ISABELLE IFEOMA 6. 96-416-432 – OFUME, LYNDA LAFAYETTE 7. 96-416-434 – OFUME, BARNETT CHIDI 8. 96-416-435 – OFUME, CHRISTIAN TOBECHUKWU 9. XX XXX XXX - OFUME, GLORIA CHIYEM (US BORN CHILD, ALSO RIDER) APPLICANT/PETITIONER (OFUME FAMILY -PRO SE & FORMA PAUPERIS) V. ERIC J. HOLDER, JR. (United States Attorney General) AND DEPARTMENT OF HOMELAND SECURITY (US IMMIGRATION AND CUSTOMS ENFORCEMENT - ICE) RESPONDENTS/PLAINTIFFS _____________________________________________________________________ APPLICANT’S OPPOSITION/MEMORANDUM TO RESPONDENT’S OPPOSITION TO LEAD PETITIONER’S MOTION FOR RETURN OF DEPORTED CHILD AND MOTION TO LIFT STAY OR REMOVAL AS TO PETITIONER KLEBER ODIMEGWU OFUME ______________________________________________________________________ A verified emergency Motion dated June 15, 2009 of the Applicant/Petitioner for an Order or other relief was filed with this Court. The relief sought is specific in nature seeking immediate return to the United States one child (Kleber Odimegwu Ofume, student at THE NORTH SHORE COMMUNITY LYNN CAMPUS, MA) of the Ofume 1 Ofume v ERIC J. HOLDER, JR. Civil Appeal No. 09-1610 family unlawfully deported to Nigeria without cause of action and Due Process. Jurisdiction of Applicant’s application is firmly recognizable pursuant to Federal Rules of Appellate Procedure 27 (a), Federal Rules of Civil Procedure Rule 5.1. (determination /enforcement of fundamental rights of Kleber, parents and siblings), United Nations Convention of July 28, 1951, U.N. Convention on the Rights of the Child/Parents, U.N. Universal Declaration of Human Rights (12/10/1948), Bill of Rights of the United States. Respondent filed opposition dated June 23, 2009 without evidence in support of claim of lawful deportation or removal and charge of assault with dangerous weapon as if America lives in stone age where hate people have used hate allegation to sentence several innocent people to death or life in prison. This hate action is what happen to Kleber on December 23, 2008 when suspected unemployed Guatemalan was used by Lynn Police Department to create allegation against Kleber and thereafter the Guatemalan and Lynn Police disappeared without prosecuting the allegation prior and after Kleber‘s deportation without allowing any Judge or Court in the United States of America to hand down conviction against Kleber. Hate people become Judge and Court in the Street unless there is effective court to stop them. Petitioner’s Application for Asylum stop being normal case and responsive to rule of law after The Honourable Immigration Judges Thomas M. Ragno and Eliza C. Klein resigned. After January 25, 2006 or under Judge D’Angelo majority of the proceedings became secret and fallacious proceedings and pleasure ride for Petitioner’s political rivals. Order of Judge Ragno warned that the removal must be JOINT REMOVAL and they (Judges Ragno & Klein) went against several persecutory actions of ICE, Clerk of Court, politicians, etc and they (Judges Ragno & Klein) issued several important orders (see pages 469 to 471 of the Respondent’s Certified Administrative Record). In the United States of America or horn of campaign for democracy, child rights and freedoms including No Child Left Behind, right of parents and siblings, rule of law and justice, Applicant, Ofume family relies on the foregoing to strongly oppose Respondent’s Motion without affidavit and any other sworn or verified evidence thus, which opposed Lead Petitioner, Dr. Phillip Chukwuma Ofume’s request for return of his son, Kleber Odimegwu Ofume unlawfully arrested, detained , and ex-communicated on January 7, 2009 because he requested ICE to correct the error which it made on his (Kleber’s) 1-94 card (EXHIBIT “A”) and on March 10, 2009 in breach of the United Nations Convention of July 28, 1951 ICE deported Kleber to Nigeria where parents, Dr. & Mrs. Ofume are charged with treason and other political felonies. 2 Ofume v ERIC J. HOLDER, JR. Civil Appeal No. 09-1610 Between October 16, 2007 and March 10, 2009 Applicant filed several Applications/Motions for Stay of Deportation with Immigration Judge Matthew D’Angelo and US Board of Immigration Appeal (BIA). These Applications/Motions for Stay of Deportation were filed by Certified Mail and severally in person. Each steps in Applicant’s removal proceedings, Applicant filed appeals and less than 72 hours of filing the appeal or together Applicant filed Motion for stay of execution or deportation. Shortlist of the Applicant/ Petitioner’s Applications/Motions for Stay of Deportation are attached and marked EXHIBIT “ B” in support of the Motion opposed. Copies of these Motions/Applications for Stay to Judge D’Angelo and BIA were also sent to: Mr. William H. Richards Assistant Chief Counsels US Department of Homeland Security - Immigration & Customs Enforcement OFFICE OF THE CHIEF COUNSEL JFK Federal Building, Room 425 Government Center Boston, MA 02203 The Honourable Neal, David L - Chief of Immigration Judge The Honourables Gary W. Smith - Assistant Chief of Immigration Judge OFFICE OF THE CHIEF IMMIGRATION JUDGE 5107 Leesburg Pike, Suite 2500 FALLS CHURCH, Virginia, USA 22041 Preliminarily, these separate Motions/Applications for Stay and Preliminary Injunction were also widely stated in Petitioner’s VERIFIED NOTICE OF APPEAL FROM A DECISION OF AN IMMIGRATION JUDGE (01/07/2008) DENYING RESPONDENTS’ MOTION TO REOPEN - SUPPLEMENTARY STATEMENT dated January 10, 2008 (see relief sought, page 16). Respondent ‘s release of Record of Proceedings dated June 18, 2009 is a disaster because the Respondent sent less than 25% of the Record of Proceeding and suppressed several important records including multiple Motions for Stay of Deportation; several correspondences between Petitioner and Judge D’Angelo and Clerk of Immigration Court 3 Ofume v ERIC J. HOLDER, JR. Civil Appeal No. 09-1610 and Clerk of the BIA and USCIS Nebraska Service Center (Defensive Asylum Application with Immigration Court) and FOIA on Petitioner’s Biometric Test Application; several intervention letters of The Honourables Gary W. Smith - Assistant Chief of Immigration Judge on behalf, The Honourable Neal, David L - Chief of Immigration Judge which addressed Petitioner’s Complaints against the extra-judicial conduct of Judge Matthew D’Angelo in which Judge D‘Angelo heard for over seven (7) to eight (8) months Petitioner’s Application for Asylum in secret courtrooms in Florida and Massachusetts with unapproved attorney that deserted Massachusetts; submission with the Immigration Court and BIA. January 2008 - March 2009 several telephone calls made by Dr. Ofume to BIA Office of Clerk told Dr. Ofume that stay has been granted and mailed to 33 Arlington Street Apt. #1 Lynn, MA 01902 and non of these orders were received. Applicant raised money from the street to travel to Virginia to request for the written stay order and one time BIA said that female staff (“examiner”) was in charge and Dr. Ofume can not see her because members of the BIA can not see parties and another staff said, “you can write and indicate attention, Examiner or Clerk of the Board”. Another visit in search of the stay order, the staff in BIA clerk’s office told Dr. Ofume that one male is in charge and he can not see parties and also parties are allowed to write to members of the BIA through the Clerk. All these staffs refused to make photocopies of the stay order to Dr. Ofume. When Kleber was arrested, detained, and ex-communicated further Motion for Stay was filed and Office of Clerk (BIA) frequently informed Dr. Ofume that the former Motions for Stay are sufficient and Office of Clerk added more assurance and said, “ICE will not deport your son even if he was convicted for the allegation brought against him by the police in Lynn because stay is in force…” Recent Motion will be attached and marked EXHIBIT “ C” Applicant firmly maintain that BIA and US Immigration Court, Boston MA are 4 Ofume v ERIC J. HOLDER, JR. Civil Appeal No. 09-1610 corrupt and one of the reasons for this claim is that October 2007 - March 2009 two Motions for Stay were filed with Immigration Judge D’Angelo and several motions for stay were filed with BIA. In May 2009 only one Motion for Stay was filed with the United States Court of Appeal for the First Circuit under the new government and within less than two (2) weeks the Respondent replied with non-opposition and less than two (2) weeks also in May 2009 US Court of Appeal for the First Circuit sent Stay but with unnecessary note which appears like pre-determination of Applicant’s Petition before this Court. Another worrisome part is that Counsel for the Respondent informed this Court that BIA approved deportation of Kleber. In Motion like this in constitutional judicial system where evidence is required to protect the rule of law and defuse bad allegation , it is hard to believe an unverified or unsworn speculation or uncertain in-the-air-talk like this without evidence because BIA can not inform Applicant that stay is in force and turn the other way round to order removal or deportation of Kleber when final BIA’s decision has not been issued. Respondent is supposed to present written Order or instruction which BIA gave to ICE and Respondent. How is possible for BIA to order removal of one child of the member of family of the Petitioners whose petition for review is pending before it? In Respondent’s 4-page Opposition, Respondent and its representative failed, a. to show any US and other Consulates’ written Proof of lawful deportation with the signature of Kleber, Nigerian Ambassador/Consulate -General and US Officials, etc; b. process documents in support of lawful removal of Kleber as well as documentation or consulate work sheet; proof of criminal charge and conviction by any Judge or Court against Kleber Odimegwu Ofume which according to US Immigration and Deportation laws must be signed by Judge and victim of deportation to empower ICE to remove an applicant. In the case of Kleber, his appeal and his parents’ and siblings’ appeal 5 Ofume v ERIC J. HOLDER, JR. Civil Appeal No. 09-1610 consolidated under single Lead File No. A97-446-370 is active and pending before BIA or Board of record in the United States; c. physical or written order or other proof of BIA that Applications/Motions for Stay of Deportation were not filed or granted between January 2008 and February 2009; d. particular paper which the Respondent must show as proof to convince any court that BIA ordered removal of Kleber is WRITTEN ORDER or INSTRUCTION which must enter into evidence in support of Respondent‘s claim of LAWFUL REMOVAL or DEPORTATION; e. proof of the written deportation notice presented to the Ambassador/Consulate General of Nigeria and their signatures. Dr. Ofume investigated the paid and unlawful passage of Kleber from the Suffolk County House of Correction, Boston MA into Buffalo, NY into Batavia Detention and staff there were warned not to issue any information on Kleber. The District Court, Buffalo, New York refused to take Motion for stay and interim injunction; f. Batavia New York Detention; Nigeria Consulate General in New York and Embassy/Ambassador in Washington, D.C. denied notice or having any information on Kleber’s deportation to Nigeria on March 10, 2009; g. Respondent or ICE must show written Evidence or Conviction of Kleber by Judge or Court which will show “CONVICTION ON ASSAULT WITH DANGEROUS WEAPON. Petitioner‘s campaigns for the President of Nigeria 2011 wants to know reason US judicial system is better than the judicial system of the Banana or Kangaroo Republic. etc. ; etc; etc. 6 Ofume v ERIC J. HOLDER, JR. Civil Appeal No. 09-1610 Another bad part of Respondent’s opposition is that Respondent severally used “KLEBER OFUME WAS LAWFULLY REMOVED… ” without proof as to lawfulness of the illegal action of ICE on January 7, 2009 and March 10, 2009. From spot to spot in its purported opposition, it made reference to Judge D’Angelo and BIA. The time of the arrest and detention, the decision of Judge D’Angelo has expired or stayed pending appeal before BIA and because Applicant has appealed Judge D’Angelo’s decision and filed several motions for stay with the agency or board (BIA) having subject matter jurisdiction and one year parole has expired without default therefore Kleber is not removable under any law in the United States. Counsel for the Respondent further argued, “…Kleber Ofume, who had recently been taken into custody of the Suffolk County Massachusetts Police on a charge of assault with a deadly weapon.” This total misrepresentation of the evidence of the politicized trump up allegation relating to the arrest of Kleber by The Lynn Police Department on December 23, 2008 at about 1.00 a.m. at 7-Eleven Stores in Lynn where Kleber do work/pay college fee. On December 23, 2008 Kleber was granted bail on self-recognizance and without parents under ACT 208 (Asylum), § 240 of the INA. Dec. 23, 2008 through March 10, 2009 the police and the Guatemalan police informant did not prosecute the allegation and charge was struck and closed on May 4, 2009 by Lynn District Court. Lynn Police Department refused to issue POLICE REPORT and the same Lynn Police severally told Dr. Ofume that it has police report. First application was made on December 24, 2008 and continued thereafter. Civil Action has been filed against Lynn Police Department and several other local, state and federal actors. Take Notice that there is nothing like “Suffolk County Massachusetts Police.” as claimed by the Counsel for the Respondent in para 3 p. 2. Direct Question and Simple Answer: 7 Ofume v ERIC J. HOLDER, JR. Civil Appeal No. 09-1610 whether in the United States there is difference between allegation by person in the street and conviction by court of record; whether allegation by person in the street is sufficient to convict lawful person in the United States without trial, oral and written decision/order by Judge, Agency, etc. This exactly the direction of respondent opposition because allegation without trial and conviction was adopted by ICE and Respondent as basis for removing or convicting and deporting lawful resident of the United States. Without going too far to look for cause Kleber was deported, here is the answer, on March 10, 2009 which was also the date for Kleber’s Bail Hearing at 1.00 p.m. Kleber was swiftly Removed because of fear of Dr. Ofume’s bid for the President of Nigeria 2011 and the family’s preparation to give notice of departure to the government of America and to move to Venezuela or Russia or Iran after spending over six years in Canada and over three years in the United States under severe acute cruel conditions of extraordinary physical and psychological torture and persecution in Massachusetts by ex-President Bush and Nigerian, Canadian and Massachusetts governments. Conclusion Therefore, reason of the foregoing, Petition/Applicant request this Court to grant his motion or application to return Kleber Odimegwu Ofume to North Shore Community College, parents and siblings all of which are located and resident in Lynn of Massachusetts. Other order which may include Order on Respondent or ICE to pay all costs to return Kleber Odimegwu Ofume to Parents, Siblings and North Shore Community College. _____________________ Phillip C. Ofume, Ph.D. – Representative/Advocate for the defendant 33 Arlington Street, Suite 1 8 Ofume v ERIC J. HOLDER, JR. Civil Appeal No. 09-1610 Lynn, Massachusetts 01902 E-mail: confid1by1@hotmail.com, global aids_hivcureinteraction@yahoo.co.uk CERTIFICATE OF SERVICE I, Dr. Phillip C. Ofume, Representative/Advocate for the Plaintiff or co-Plaintiff hereby certify that I have this 29th day of June, 2009 served the foregoing document, upon all parties, by mailing a copy, first class, postage prepaid to: Tim Ramnitz - Attorney Tony West - Assistant Attorney-General (Civil Division) Barry J. Pettinato - Assistant Director U.S. Department of Justice Office of Immigration Litigation P. O. Box 878, Benjamin Franklin Station Washington, D.C. 20044 Tel. (202) 616-2686 Fax: (202) 305-4829 _____________________ Phillip C. Ofume, Ph.D. – Representative/Advocate for the Ofume Family Further copies to: President Barack H. Obama President of the United States of America 1600 Pennsylvania Avenue, NW Vice- President Joseph Biden, Honourable Eric H. Holder, Jr. US Secretary of Justice and Attorney General, U.S. Department of Justice United Nations High Commission for Human Rights United Nations High Commission for Refugees Geneva, Switzerland. 9
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