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BOARD OF IMMIGRATION APPEALS (USA) : POLITICIZATION OF NON-WHITE'S IMMIGRATION CASES
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TYPE OF APPEAL: APPEAL OF IJ MTR BEFORE: US IMMIGRATION JUDGE, MATTHEW J. D’ANGELO DATE OF APPEAL: 01/17/2008 DATE OF THIS NOTICE: 01/23/2008 TYPE OF NOTICE: BRIEFING SCHEDULE COUNSELS/REPRESENTATIVES: Dr. Phillip Chukwuma Ofume For the Appellants/Respondents
Mr. Bernard Menendez For the Appellee/Plaintiff or Govt. of America _____________________________________________________________________
NATURE AND SUMMARY OF GROUNDS OF APPEAL
Highly politicized Application for Asylum because of the Appellants/Respondents’ bid for the President of Nigeria 2011 to the extent that two Judges, Thomas M. Ragno and Eliza C. Klein resigned from the case and Counsels for the Plaintiff remain divided and severally replaced or reassigned. On October 16, 2007 after Appellants/Respondents’ Application for Asylum (FORM 1 -589) has succeeded without opposition by the IJ and Plaintiff, the same Immigration Judge (IJ) Matthew J. D’Angelo denied ALL Relief because of an EXPIRED BIOMETRIC TEST which remain expired at the instance of the IJ, Clerk of Court and USCIS (Nebraska). Motion to Reopen (8 C.F.R. § 3.2(c)(3)(ii) filed and denied under the IJ’s falsified allegation that the Motion was not supported by AFFIDAVIT whereas the Motion was verified or Sworn under Oath and filed in accordance with 28 U.S.C. § 1746. Appellants/Respondents are very eager to redo the BIOMETRIC TEST but the IJ and Clerk of Court refused to write, sign and stamp the phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE” or issue written order/decision with the same simple phrase. Application for Asylum and defence were made under harsh and difficult Pro se and Forma Pauperis because of politicized zero-income (over 98%) conditions, punitively on-going for over 8 years.
1.a. In December 1996 via clandestine route, the Appellant/Respondent was assisted to escape scores of persecution, torture and political criminal charges in Nigeria and landed in Republic of Benin and Lome Togo. December 1996 - present, the Appellant/ Respondent has been political and convention refugee and stateless person adopted by the United Nations High Commission for Refugees (UNHCR -Lome, Togo West Africa). All the conditions inside and outside Nigeria which triggered the flee have grievously and severely escalated, unchanged and at present more deadly. In addition to various trump up political charges, the terrible and bloody conditions which caused their flee (12/1996) have been raised and worsened red or severe because the Appellant/Respondent (Lead Appellant/Respondent, Dr. Phillip Chukwuma Ofume - A# 97-446-370) is now a Presidential Candidate In-Exile, campaigned for the President of Nigeria 2007. The presidential election 2007 was disrupted by the harsh and related sanctions put in place by the unusual or extra-judicial practices of the IJ D‘Angelo, Government of Mitt Romney, Immigration Court (Boston, MA), Nigerian/Canadian 2
governments, Nigeria’s domestic and foreign oil/gas companies and their allies and grantors. The Lead Appellant/Respondent and his international campaign organizations have re-inaugurated his presidential bid for Nigeria’s Federal Election 2011 (http://www.google. com/search?hl=en&q= Dr.+Phillip+Ofume +Political +Manifesto). 1.b. Reason of the above mentioned conditions, and political bid for the President of Nigeria and domestic and international human rights work, the two lead Appellants/Respondents (Dr. Phillip Chukwuma Ofume and Mrs. Maureen Ngozi Ofume and their nuclear and extended families) have suffered and continued to suffer serious psychological and physical persecution and torture. The lead Appellants/Respondents are facing treason and other serious charges capable of earning them upon conviction death penalty by hanging or public firing squad and life in prison (Nigeria). These charges were induced by the Canadian/Nigerian governments and Nigeria’s foreign and domestic oil/gas companies and their allies and grantors, overtly and secretly charged in different Nigeria’s law courts (Abuja - FCT, Owa Oyibu, Asaba and Agbor - Delta State) by the politically manipulated Nigerian government. Particularly, the treason charge was brought against Dr. Ofume because of his bid for the President of Nigeria and his leadership of a Declaratory Direct Action (DDA) that the conflict and fighting in his region, THE NIGER DELTA REGION OF NIGERIA are lawful and constitutional under domestic and international self-defence and self-determination laws. Because of the gravity of the charges pending in Nigeria, prior to the final Individual Hearing (10/16/2007) per the IJ D’Angelo’s harsh deportation threat and stereotype, the Appellants/Respondents said in one of their deportation designation reminders, “If Government of America supports Nigeria’s foreign and domestic oil/gas looters, murderers and past/present criminal governments or wishes to compromise its exemplary constitutional democracy and judicial system, in the Matchless Name of Our Lord Jesus Christ please deport us to Iran or Russia or Venezuela to save our lives.” 2.a. On October 16, 2007 (Final Individual Hearing), without Plaintiff’s or IJ’s opposition to the credibility or outside the merit of the Appellants/Respondents’ full package of the Application for Asylum (filed on 09/01/2006) and pre-individual hearing submissions (99 pages 3
LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA Brief) in support of the Individual Hearing (10/16/2007) and after the IJ Matthew J. D’Angelo has entered these submissions (Evidence) into EXHIBITS, the IJ changed the direction and plan of the Individual Hearing (10/16/2007) and personally refused to grant Relief and deemed the Appellants/ Respondents’ credible Application for Asylum ABANDONED and DENIED because of an EXPIRED BIOMETRIC TEST which remain expired politically at the instance of the Clerk of Court and IJ D‘Angelo. Since September 8, 2006 when the IJ D’Angelo emerged from the underground or over seven(7) months secret court proceedings located in Massachusetts and Florida without NOTICE TO APPEAR on the Appellant/Respondents, the Appellant/Respondents have severally requested the IJ to write, sign and stamp the phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE” or issue written order/decision but the IJ and Court refused to issue this simple phrase or written order/decision. (see paragraph 4 of the Appellants’ VERIFIED NOTICE OF APPEAL FROM A DECISION OF AN IMMIGRATION JUDGE (01/07/2008) DENYING RESPONDENTS’ MOTION TO REOPEN - SUPPLEMENTARY STATEMENT). 2.b. Prior to the oral Order of the IJ (D’Angelo) dated June 5, 2007 which the IJ fraudulently and deliberately dated as June 4, 2007 to obstruct justice, the Appellants/ Respondents have sent several letters and documents to the USCIS Nebraska Service Center (Defensive Asylum Application with Immigration Court) to issue BIOMETRIC TEST APPOINTMENT to enable them redo the Expired Biometric Test (see EXHIBITS “A, B, C, & D” of the Appellants’ VERIFIED NOTICE OF APPEAL FROM A DECISION OF AN IMMIGRATION JUDGE (01/07/2008) DENYING RESPONDENTS’ MOTION TO REOPEN - SUPPLEMENTARY STATEMENT).
FALSEHOOD OF THE ORDER/DECISION APPEALED
2. 2.c. Recently, in attempt to resolve the basis of the decision appealed (01/07/2008) to reduce cost, on before November 30, 2007 the USCIS (Nebraska and Boston) instructed the lead Respondent to contact the IJ and Clerk of Court to get, written, signed and stamped phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE” to enable the Respondents redo the Expired Biometric Test. The IJ and Clerk of Court create unusual obstacle because it appears that Respondent’s or Respondents’ application was not denied because of an Expired Biometric Test whereas their application was denied because of Expired Biometric Test. 2.d. The Plaintiff, IJs and the Court remain widely divided in this case to the extent 4
LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA that two Judges Thomas M. Ragno and Eliza C. Klein resigned; Counsels for the Plaintiff remain divided and fearlessly one of the Counsels (Mr. William Richards) disclosed and submitted to the Court and Respondent the Plaintiff’s major secret (copies of the Respondents’ valid unexpired United Nations Travel Documents and Passports and border cross cards - see subparagraph 2 (o) below) which led to the trump up and paid charges against the Respondent and brought under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (“INA” or “the Act”)”. The charge is irrationally conceived because it clashed admissibility and inadmissibility, where the Respondent have been interviewed for over 12 hours (09/29/2005) and admitted and further interviewed and heard by Asylum Officers (10/05/2005 and 10/06/2005) and granted CREDIBLE FEAR OF TORTURE OR PERSECUTION and released on October 7, 2005 but unreasonably, vexatious and erroneously charged under 212(a)(7) (A)(i)(I) of the Immigration and Nationality Act (“INA” or “the Act”).” 2.e. The Lead Respondent, Dr. Phillip Chukwuma Ofume and his family hail from the oil/gas rich and impoverished NIGER DELTA REGION OF NIGERIA and if Dr. Ofume is elected (2011), he will be the first President of Nigeria hail from the NIGER DELTA REGION OF NIGERIA and with scaring strings of academic and professional qualifications and experiences more than any presidents and colonial administrators of Nigeria since the birth of Nigeria (1914). The Nigeria’s domestic and foreign oil/gas paranoid tried to weaken this plan by coping Dr. Ofume’s political manifesto (http://www.google. com/search?hl=en&q= Dr.+Phillip+Ofume +Political +Manifesto) and made a native of the NIGER DELTA REGION OF NIGERIA the Vice-President of this present government which came to power as result of the highly rigged and fraudulent presidential election (April 2007) and condemned by the “international community” and other international communities.
3. IJ OFFERED TWO GROUNDS SUPPORTING HIS TWO DECISIONS/ORDERS (10/16/2007 & 01/07/2008) 3.a. The IJ’s decision/order dated October 16, 2007 was issued because of an EXPIRED BIOMETRIC TEST which remain expired at the deliberate and politicized plot of the IJ, D’Angelo, the Immigration Court, Boston MA and USCIS Nebraska Service Center (Defensive Asylum Application with Immigration). In part the IJ, D’Angelo and the 5
LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA Immigration Court, Boston MA refused to issue written, signed and stamped phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE” to enable the Respondent redo the Expired Biometric Test. On October 16, 2007 the IJ refused to open his hearing/decision for ONLY 24 hours to enable the Appellants/Respondents present NEW EVIDENCES which are several letters and documents (early 2006 through October 2007) to from USCIS Nebraska Service Center (Defensive Asylum Application with Immigration.
3.b. 3.c. 6
LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA decision to enable the Respondent proceed to the next level. 3.d. Reason that all the Plaintiff’s frivolous, vexatious and politicized charges against the Appellants/Respondents failed on October 16, 2007 and to continue to further block Relief which will ease the longstanding suffering and pain of the Appellant/Respondent and the lead Appellants/Respondent’ campaign for the President of Nigeria 2011 and other international campaign such anti-war, peace and stability in Nigeria, Israel/Palestine, Iraq, Afghanistan, Lebanon, Somalia, Congo, etc the IJ’s decision/order dated January 07, 2008 was issued under the worst deception and unlearned administration of justice to the extent that the IJ claimed that he denied Appellants /Respondents’ MOTION TO REOPEN because of lack AFFIDAVIT whereas their MOTION TO REOPEN [8 C.F.R. § 3.2(c)(3)(ii)] was VERIFIED and SWORN under the pain and penalty of perjury and under the laws of the United States of America in accordance with 28 U.S.C. § 1746. A copy of the Motion to Reopen was attached and marked EXHIBIT “B” in Appellants/Respondents’ BIA VERIFIED NOTICE OF APPEAL FROM A DECISION OF AN IMMIGRATION JUDGE (01/07/2008) DENYING RESPONDENTS’ MOTION TO REOPEN - SUPPLEMENTARY STATEMENT (17 pages dated January 10, 2008 and filed in person with BIA on January 17, 2008).
4.a. Whether is not a shared responsibility or more (98%) of the responsibility of the USCIS Nebraska Service Center (Defensive Asylum Application with Immigration Court) to issue and send BIOMETRIC TEST APPOINTMENT CARD to the Appellants/Respondents to enable them redo the EXPIRED BIOMETRIC TEST (09/29/2005). 4.b. Whether the Appellant/Respondent has any official and other powers to force the USCIS Nebraska Service Center (Defensive Asylum Application with Immigration Court) to issue the BIOMETRIC TEST APPOINTMENT CARD or whether the responsibility of the Appellants/Respondents is not limited to redo the EXPIRED BIOMETRIC TEST if the BIOMETRIC TEST APPOINTMENT CARD were sent to them.
4.d. 7
LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA to issue written, signed and stamped phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE” to enable the Appellants/Respondents redo the BIOMETRIC TEST.
5. APPELLANTS/RESPONDENTS ARGUE & CONTEND 5.a. the responsibility of the USCIS Nebraska Service Center (Defensive Asylum Application with Immigration Court) is to issue and send BIOMETRIC TEST APPOINTMENT CARD to all qualified applicants including the Appellants/Respondents (to enable the Appellant/Respondents redo the EXPIRED BIOMETRIC TEST (09/29/2005). The Appellant/Respondents (seven children and two parents) would not have wasted time to redo the BIOMETRIC TEST if USCIS (Nebraska) if the USCIS (Nebraska) had sent them BIOMETRIC TEST APPOINTMENT CARD because they have suffered over six years in Canada without over 98% income or means of livelihood and majority of the services and now over two years in US without RELIEF or job authorization, Massachusetts ID, Social Security Card, Transitional Assistance, etc to the limited extent that the under-14 children are given starvation food ration or stamp and ONLY the US born child gets cash benefit of $239.00/month. 5. b. The USCIS Nebraska Service Center (Defensive Asylum Application with Immigration Court) erred by failing and refusing to sent BIOMETRIC TEST APPOINTMENT CARD to the Appellants/Respondents. The Appellants/Respondents have no official and other powers to force the USCIS Nebraska Service Center (Defensive Asylum Application with Immigration Court) to issue the BIOMETRIC TEST APPOINTMENT CARD.the IJ denied all relief because of an expired Biometric Test. The IJ and Clerk of Court erred beyond reasonable doubts for refusing to issue written, signed and stamped phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE” to enable the Appellants get BIOMETRIC TEST APPOINTMENT CARD to redo the EXPIRED BIOMETRIC TEST. On before and after the Final Adjournment (06/05/2007) for the Final Individual Hearing (10/16/2007) the IJ and the Immigration Court, Boston MA refused to issue written, signed and stamped phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE” and also refused to issue written, signed and stamped decision/order (September 8, 2006 through 5.c. On October 16, 2007 8
LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA January 7, 2007. Order/Decision dated 01/07/2007 is the first written order/decision in this case by the IJ and the Court). Deliberately in order to block BIOMETRIC TEST and other services, all the IJ’s orders/decisions were oral and what the USCIS (Nebraska and Boston) demanded is written, signed and stamped phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE.” Reason for making oral decision/order is to this phrase which will enable the Appellants /Respondents redo BIOMETRIC TEST. November 16, 2005 - present all Respondent’s application for Transcripts (and tapes of hearing ) to the Clerk of Court and attention to the IJ were ignored. 5. d. Internationally and nationally, several Judges, attorneys/lawyers, lawmakers, politicians, scholars, leaders, NGOs, etc viewed the conduct and cruel deportation Order of the IJ or Judge Matthew J. D’Angelo and Appellants/Respondents’ three administrative Appeals to the Administrative Appeal Office (AAO) and Complaints to the OFFICE OF THE CHIEF IMMIGRATION JUDGE with burning anger and salient rectitude. The Assistant Chief Immigration Judge, The Honourable Gary W. Smith and Chief Immigration Judge, The Honourable David L. Neal, received the Respondent’s Complaints and other documents and materials including Respondent‘s Motion to Reopen. Severally, The Honourable Gary W. Smith wrote to the Respondent with words of encouragement that should there be any mistrial/hearing that there is Appeal Right. 5.e. Also several Judges in America have exploded their anger against other Judges that do their extra-judicially. Richard A. Posner, prominent Federal Appeals Court Judge in Chicago, concluded that, “The adjudication of these cases at the administrative level has fallen below the minimum standards of legal justice.”(Pub. by Adam Liptak Dec. 26, 2005). In September 2005. Federal Appeals Court in Philadelphia said, “time and time again been forced to rebuke IJs for their intemperate and humiliating remarks.” Citing from around the country (USA), the court wrote, “disturbing pattern of the misconduct in immigration rulings that sent people back to countries where they had said they would face persecution.” As a consequence, Judge Walker said, “We‘re the first meaningful review that the petitioner has.”
In sum, the Appellants/Respondents conclude that the IJ Matthew J. D’Angelo and the Immigration Court, Boston MA erred and acted extra-judicially to block Appellants 9
LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA /Respondents’ right to redo the EXPIRED BIOMETRIC TEST by refusing to issue written order/decision with a short and simple phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE.” When the IJ’s imposed unfounded blame that the Appellants /Respondents did not do BIOMETRIC TEST failed per MOTION TO REOPEN [8 C.F.R. § 3.2(c)(3)(ii)], swiftly the IJ switched on to another blame and held that Appellants /Respondents’ MOTION TO REOPEN was not supported by AFFIDAVIT whereas their MOTION TO REOPEN [8 C.F.R. § 3.2(c)(3)(ii)] was Verified or Sworn under Oath and submitted in accordance with 28 U.S.C. § 1746. The purpose of the IJ’s blockade or sanction is politicized and highly manipulated by the Appellants /Respondents’ political rivals because relief or job authorization, Massachusetts ID, Social Security Card, Transitional Assistance, etc. which will save the lives of the Appellants /Respondents and open the lead Appellant/Respondent’s campaign for the President of Nigeria 2011. The action of the IJ Matthew J. D’Angelo is a compromise and unusual under the Constitutional Judiciary of America, designed and manipulated by the Canadian/Nigerian governments and Nigeria’s foreign and domestic oil/gas companies and their allies and grantors.
STATEMENT OF RELIEF SOUGHT WHEREFORE See pages 15 and 16 of the Appellants /Respondents’ VERIFIED NOTICE OF APPEAL FROM A DECISION OF AN IMMIGRATION JUDGE (01/07/2008) DENYING RESPONDENTS’ MOTION TO REOPEN - SUPPLEMENTARY STATEMENT, AND Reason that the Appellants/Respondents are in endless danger of over 98% zero-income under the government of Governor Mitt Romney and now operating secretly in the present government in Massachusetts, emergency hearing and termination of this case is heartily solicited with your much indulgence in saving the life of this innocent family. Respectfully Submitted,
10 VERIFICATION 33 Arlington Street, Suite 1 Lynn, Massachusetts 01902 E-mail aids_hivcureinteraction@yahoo.co.uk
To: The Clerk of the Board Board of Immigration Appeals Office of the Clerk 5107 Leesburg Pike, Suite 2000 Falls Church, VA 22041
CERTIFICATE OF SERVICE
I
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
_____________________ Phillip C. Ofume, Ph.D. – Representative/Advocate for the Ofume Family DATED: February 11, 2008 Copies to: 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 ....................................................................................................................................................................................... US IMMIGRATION COURT, BOSTON MA: NIGERIA'S PRESIDENTIAL CANDIDATE IN- January 1, 2008 The Publishers request readers to read part of this article below. The Reason for Review: On October 16, 2007 the MERIT of the family's The Ofume family (seven children and two parents) is Refugee, The conditions and status of the family has remained unchanged On Sept. 29, 2005 via Halifax, Nova Scotia Canada International the The family's UN Travel Documents/Passports, academic and professional In US in place of normal adjustment of status of refugees and Due to the moneyed conditions of the case, no lawyer agreed to take Late January 2006 - February 15, 2006 an Attorney, Fernando Narvaez Between January 26, 2006 and September 8, 2006, the Ofume family On September 8, 2006 the Ofumes saw Judge Matthew J. D'Angelo the Dr. Ofume has been in the case and representing the family since on Judge D'Angelo told the family that all the evidence and other September 8, 2006 through June 5, 2007, Dr. Ofume filed three appeals The Assistant Chief Immigration Judge, Hon. Gary Smith wrote several I, Phillip Ofume, hereby verify and signed, under the pain and penalty of perjury, under the laws of the United States of America, without the “United States”, that the afore Brief is true and correct, according to the best of my current information, knowledge, and belief, so help me God. Sworn date: February 10, 2008 A.D.
_____________________ Phillip C. Ofume, Ph.D. – Representative/Advocate for the Ofume Family 5. CONCLUSION
4. ISSUE OBJECTED AND CONCEDED UNDER US CONGRESS ACT OF BIOMETRIC TECHNOLOGY (2004) Because of scores of NEW EVIDENCE, Appellants/Respondent filed MOTION TO REOPEN pursuant to 8 C.F.R. § 3.2(c)(3)(ii). The IJ and Immigration Court, Boston MA that are controlled by the Appellants/Respondents’ political rivals sanctioned hearing and delayed decision thereby forced the Appellants/Respondents to file Verified Application for Relief in the nature of Mandamus under the Federal Rules of Civil Procedure 81 (b) and Massachusetts General Law chapter 249, § 5 on the Immigration Judge’s decision abandoning /censoring Respondent’s Motion to Reopen [8 C.F.R. § 3.2(c)(3)(ii)] and to refuse to issue
LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA 1. BACKGROUND OPINION LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA APPELLANTS/RESPONDENTS’ BRIEF TO THE BIA IN SUPPORT OF NOTICE OF APPEAL FROM A DECISION OF AN IMMIGRATION JUDGE (01/07/2008) DENYING RESPONDENTS’ MOTION TO REOPEN - SUPPLEMENTARY STATEMENT ______________________________________________________________________________
BOARD OF IMMIGRATION APPEALS (USA) : POLITICIZATION OF NON-WHITE'S IMMIGRATION CASES
August 25, 2008
Fact In-Brief: 1. Landing in the United States by the Ofume family was with firm purpose to campaign for the President of Nigeria. The notice was made by lengthy Notice of Landing on President George W. Bush, Secretaries of State, Homeland Security, Justice/AG of the United States, Minority/Majority Leaders of the Senate of the United States.
2. On September 29, 2005 Ofume family fled terrorist forms of persecution, torture, racism, gas chambers, racial discrimination, xenophobia and related cruelty en route to Washington, D.C. but the family was forced to land in the State of Massachusetts and further forced to apply for Asylum which the family planned to apply in D.C.
3. To block the family further departure to D.C., the DHS impounded and seized the family's Flight Tickets, UN Refugees Travel Documents and Passports, Academic and Professional Qualifications, Medical Certificates, Photographs and Newspaper Publications, Awards, Law Books/Submissions, etc. 4. On September 29, 2005 the family were interviewed for over 12 hours (Boston Logan Airport) by US Immigration Officials and thereafter granted asylum. Also on October 5 & 6, 2005 the family was interviewed by US Asylum Officer and on October 7, 2005 the family was granted CREDIBLE FEAR OF PERSECUTION OR TORTURE and released. The Asylum Officer warned the family to leave the secret detention/prison (Hilton Hotel) immediately but soon as the Asylum Officer left, the family was re-arrested and moved from secret torture detention/prison to secret torture detention/prison. 5. In Canada the Ofume family held a temporary visa which expired on January 29, 1999. The family is not permanent resident, Canadian citizen (to limited extent that three children were born in Canada) and other permanent residency which maybe frozen by US/Canada Safe Third Country Agreement (2002 - 2005). November 16, 2006 was the first year anniversary of its implementation.
6. The Agreement was made to block the family from fleeing to the United States because of the trust placed on the United Nations to win the family over to become Canadian citizens. 1999 - 2003 the United Nations, tried to press the family to become Canadian citizens, the family firmly refused. On August 8, 2003 the family escaped Canada and landed at Calais, ME USA and applied for Asylum. Without allowing the family to appear before Asylum Officer or Immigration Judge, the family was deported back to Canada in breach of UN Convention of July 28, 1951.
7. On December 17, 2003 the Canadian government seized the Plaintiff’s home (8 Edwin Ford Court Bedford NS Canada B4A 4B6), properties and goods valued over $11 million, rendered them homeless and transferred the Plaintiff to poisonous gas and torture chambers at 11 Amin Street, Bedford NS imposed sanction on means of livelihood, freedom of movement and association, etc.
8. After the family has been granted asylum September 29, 2005 - October 7, 2005, based on the action of the DHS mentioned in para 3 above, DHS supported the Canadian government to file petition against the family and fake charge was brought against the family under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (“INA” or “the Act”)” - arriving in US without unexpired immigration documents whereas all the Refugee/Stateless persons and other immigration documents which the family had were valid and unexpired. 9. On January 25, 2006 an Immigration Judge (F) was surprised that the family was in court and demanded for the copies of the unimpounded documents which the family has and also the Judge issued Order requesting the DHS to disclose all the documents in their possession and returnable before her on March 30, 2006. To destroy copies of the remaining immigration documents, the second secret torture detention/prison was engulfed in flame on January 27, 2006 and the family narrowly escaped the blaze and saved part of these documents. 10. This order was thwarted because this Judge (F) and the first Judge (M) resigned. Third Judge Matthew M. D'Angelo took the case and he set up courtrooms in Massachusetts and Florida and conducted several secret court proceedings for over seven (7) months without notice to appear on the family. The family made three different appeals each to the Chief Immigration Judge and Administrative Appeal Office. Non of these appeals were heard.
11. Within the Prosecution, there was something like rebellion and one of the counsels made God given disclosure and released copies of the family's unexpired immigration documents.
12. On October 16, 2007 the government case failed but the Judge D'Angelo who enjoyed extensive amnesty for the extra-judicial conduct stated in paragraph 10 above, heartlessly refused to grant any relief because of an EXPIRED BIOMETRIC which remain expired at the instance of Judge D'Angelo and Clerk of the Immigration Court, Boston, MA. They (Judge & Clerk) refused to write, sign and stamp a phrase, "BIOMETRIC TEST IS REQUIRED IN THIS CASE" to enable the family redo the EXPIRED BIOMETRIC TEST.
13. On October 16, 2007 Judge D'Angelo ignored the family's designated countries of deportation (Iran, Russia and Venezuela) and divided and scattered the family by the following cruel order: * three children born in Canada be deported to Canada; * three children born in Nigeria be deported to Nigeria * the US new born baby be arrested and placed under the custody of the department of social service; * two parents born in Nigeria be deported to Nigeria. REMAINING PART OF THIS CASE: 14. The remaining part of this case which has been appealed to US BOARD OF IMMIGRATION APPEALS is EXPIRED BIOMETRIC and order of the Board which is limited to write, sign and stamp a phrase, "BIOMETRIC TEST IS REQUIRED IN THIS CASE" to enable the family redo the EXPIRED BIOMETRIC TEST.
15. Leaders, lawmakers, politicians, NGOs, etc across the world are hereby requested to read this case above/below including the family's NOTICE OF APPEAL and BRIEF OF THE FAMILY TO BOARD and try to telephone the Board at 1-703-605-1007 and also navigate the electronic voice part by calling 1-800-898-7180. 16. Shocking aspect of this oil/gas and Nigeria’s presidency struggle case is that appeal /Brief to the Board which were filed in person and stamped by the Board have not been docketed and posted on the government or board data system. Reason behind this censorship is to continue to deny the family relief or services and maintain the secret torture detention/prison.
17. The family and others have been telephoning the Board almost every day to know the status of the case. The electronic part of the above telephoned said in part, "the clerk is stocked in your case." After several calls, the clerk's office told callers that one Dan Wilson is in charge of the family's case and at point Dr. Ofume was directed to the voice mail of Mr. Wilson. He has refused to return Dr. Ofume and other known callers.
__________________________________________________________________ LEAD FILE: 97-446-370 OFUME, PHILLIP CHUKWUMA U.S. DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW BOARD OF IMMIGRATION APPEALS (BIA) OFFICE OF THE CLERK 5107 LEESBURG PIKE, SUITE 2000 FALLS CHURCH, VA 22041 IN REMOVAL PROCEEDINGS IN THE MATTER OF: OFUME, PHILLIP CHUKWUMA OFUME, MAUREEN NGOZI OFUME, KLEBER ODIMEGWU OFUME, KEYNES ONYERO OFUME, ISABELLE IFEOMA OFUME, LYNDA LAFAYETTE OFUME, BARNETT CHIDI OFUME, CHRISTIAN TOBECHUKWUa OFUME, GLORIA CHIYEM APPELLANTS/RESPONDENTS
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Comments
On October 16, 2007 the
Submitted by Ahmad (not verified) on Tue, 08/26/2008 - 7:16amOn October 16, 2007 the government case failed but the Judge D'Angelo who enjoyed extensive amnesty for the extra-judicial conduct stated in paragraph 10 above, heartlessly refused to grant any relief because of an EXPIRED BIOMETRIC which remain expired at the instance of Judge D'Angelo and Clerk of the Immigration Court, Boston, MA. They (Judge & Clerk) refused to write, sign and stamp a phrase, "BIOMETRIC TEST IS REQUIRED IN THIS CASE" to enable the family redo the EXPIRED BIOMETRIC TEST.
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