Post by JustMyOpinion on Oct 12, 2009 14:16:54 GMT -5
This story had 24 comments early this morning, and now 139! You all might be surprised that even the Marin folks don't agree with people entering out country illegally.
The part of me that has a heart feels for this family, and it is wonderful that they have been a productive part of the community instead of forming a gang, or tagging property etc. And, it is exactly the type of family that should be here to better themselves, legally.
The logical part of me feels that this family wouldn't be in this position had they come here through the required process, and since they did break the law going back to their native home is the consequence they should pay.
Kudos to ICE for doing their job!
-----------------------------------------------------------------------------------
As a boy, Gilbert Mejia-Perez of Novato went to work with his father Salvador, a carpenter. He learned the tools of the trade, but as Mejia-Perez got older, he developed higher aspirations. Instead of helping to build and remodel homes, he wanted to design them himself. Now 18 and in his first semester at Santa Rosa Junior College, Mejia-Perez is on his way to fulfilling his dream.
But barring an unforeseen reversal from immigration officials, Mejia-Perez will be pursuing that dream in Guatemala, the country he left with his parents when he was 1 year old.
Despite a community letter-writing campaign to Sen. Dianne Feinstein, Mejia-Perez's parents are set to be deported at the end of this month. The parents were granted a last-minute delay from their original Oct. 13 deadline in order to testify at their son's deportation hearing Oct. 22.
When they leave the United States, the parents will take their two other children, Helen and Dulce, both of whom were born in Marin and are U.S. citizens.
Marc Van Der Hout, a San Francisco immigration attorney who has handled the Novato family's case, said that while families deal with deportation all the time in California, their situation was an exception.
"An immigration judge found that the family met the very high standards of showing that it would be an exceptional hardship to have the parents deported," he said. "This extraordinary finding sets it apart from almost all of the other cases."
Salvador Mejia and Elida Perez, along with 1-year-old Gilbert, crossed the Mexican border more than 17 years ago; Salvador was looking for opportunity as a carpenter and Elida as a housekeeper and caregiver. They ended up in the Canal area of San Rafael, and in 2002, they bought a home on Alameda del Prado in Novato.
"We are honest people, we are hard workers and we have children who need to stay here," Perez said. "My kids are very good students and their dreams are to finish school and go to college and university.
Elida Perez (left) takes the children to school as Salvador Mejia holds their daughter Dulce. (IJ photo/Frankie Frost)We own a house here. We've made our life here."
But to Immigration and Customers Enforcement officials, the family's case is clear cut: They have been in the U.S. illegally the entire time, and have never acquired green cards to become permanent legal residents. In order to do that, they would have had to be petitioned for a green card by an employer or close relative or seek asylum or refugee status.
"Mejia-Reyes had ample access to due process," an ICE spokesman said in a statement regarding Salvador's case. "His immigration case has undergone exhaustive review by judges at all levels of our legal system and the courts have consistently held that the couple does not have a legal basis to remain in the United States. É If the immigration courts find that a person has no legal basis to be in this country, it is ICE's responsibility to see that the court's decision is carried out."
The family's saga began in March 2007, when federal agents raided their home in a case of mistaken identity. Although they were looking for someone else, they determined that the parents and Gilbert Mejia-Perez were in the U.S. illegally. They detained Salvador Mejia and initiated removal proceedings for his wife and son.
In October 2007, an immigration judge in San Francisco granted the parents "cancellation of removal," which would have provided them permanent residence status. The judge determined that their deportation would impose too great a hardship on their daughters, Helen, 13, and Dulce, 4. The family said that Dulce is chronically underweight and has trouble swallowing food, while Helen was diagnosed with depression- and anxiety-related disorders after the 2007 raid.
The Department of Homeland Security appealed the immigration judge's decision, and in March 2008, the Board of Immigration Appeals reversed the original decision. The family's subsequent appeal to the 9th U.S. Circuit Court of Appeals was dismissed in May 2009.
Since then Mejia, 39, Perez, 40, and 18-year-old Gilbert have had to wear ankle bracelets that monitor their whereabouts. The trio must make thrice-weekly trips to the ICE office in San Francisco to check in, and an agency official visits them at their home once a week.
"They treat you like a criminal," Elida Perez said. "We haven't made one mistake."
As the Oct. 13 deadline approached, Van Der Hout sought to have Feinstein draft private legislation that would provide amnesty for the family. But Feinstein reviewed the case last week and decided against doing so, her office confirmed. Feinstein's office declined to comment on the specifics of the case.
Feinstein's decision came despite an extensive letter-writing campaign to her office organized by friends and family. Michelle DeBerge, a women's divorce and breakup coach, has employed Perez as a housekeeper for several years.
"She's like family to me," she said. "I can't believe this is happening. I just feel like crying. We've tried so hard and it's been wonderful the amount of support we've gotten. It's so disheartening and heartbreaking that Senator Feinstein is not willing to sign a private bill for them. But I'm not giving up hope."
Van Der Hout worked on a separate strategy, trying to get immigration officials to delay the parents' deportation. Mejia-Perez's lawyer subpoenaed the parents to appear at his deportation hearing, convincing immigrations officials to delay their deportation to allow them to testify. But the family has yet to attain anything more than a delay of the inevitable.
"We're hoping that Senator Feinstein and Immigration and Customs Enforcement change their mind," Van Der Hout said. "We're not giving up complete hope, but it is looking most likely that they will have to leave."
In the meantime, the family is preparing for the worst. Perez said that they don't intend to sell their home, but will pass power of attorney status onto a family friend in order to possibly rent it out while they sort out their legal options. With his parents' fate all but determined, Gilbert Mejia-Perez said he plans to speak out at his own deportation hearing.
"I will tell the judge that I have the right as a human to pursue my dreams and goals and that every person has the right to pursue happiness," he said. "I am attending college right now and I have a lot of things going on that I can't leave behind."
Source:
www.marinij.com/marinnews/ci_13542300
The part of me that has a heart feels for this family, and it is wonderful that they have been a productive part of the community instead of forming a gang, or tagging property etc. And, it is exactly the type of family that should be here to better themselves, legally.
The logical part of me feels that this family wouldn't be in this position had they come here through the required process, and since they did break the law going back to their native home is the consequence they should pay.
Kudos to ICE for doing their job!
-----------------------------------------------------------------------------------
As a boy, Gilbert Mejia-Perez of Novato went to work with his father Salvador, a carpenter. He learned the tools of the trade, but as Mejia-Perez got older, he developed higher aspirations. Instead of helping to build and remodel homes, he wanted to design them himself. Now 18 and in his first semester at Santa Rosa Junior College, Mejia-Perez is on his way to fulfilling his dream.
But barring an unforeseen reversal from immigration officials, Mejia-Perez will be pursuing that dream in Guatemala, the country he left with his parents when he was 1 year old.
Despite a community letter-writing campaign to Sen. Dianne Feinstein, Mejia-Perez's parents are set to be deported at the end of this month. The parents were granted a last-minute delay from their original Oct. 13 deadline in order to testify at their son's deportation hearing Oct. 22.
When they leave the United States, the parents will take their two other children, Helen and Dulce, both of whom were born in Marin and are U.S. citizens.
Marc Van Der Hout, a San Francisco immigration attorney who has handled the Novato family's case, said that while families deal with deportation all the time in California, their situation was an exception.
"An immigration judge found that the family met the very high standards of showing that it would be an exceptional hardship to have the parents deported," he said. "This extraordinary finding sets it apart from almost all of the other cases."
Salvador Mejia and Elida Perez, along with 1-year-old Gilbert, crossed the Mexican border more than 17 years ago; Salvador was looking for opportunity as a carpenter and Elida as a housekeeper and caregiver. They ended up in the Canal area of San Rafael, and in 2002, they bought a home on Alameda del Prado in Novato.
"We are honest people, we are hard workers and we have children who need to stay here," Perez said. "My kids are very good students and their dreams are to finish school and go to college and university.
Elida Perez (left) takes the children to school as Salvador Mejia holds their daughter Dulce. (IJ photo/Frankie Frost)We own a house here. We've made our life here."
But to Immigration and Customers Enforcement officials, the family's case is clear cut: They have been in the U.S. illegally the entire time, and have never acquired green cards to become permanent legal residents. In order to do that, they would have had to be petitioned for a green card by an employer or close relative or seek asylum or refugee status.
"Mejia-Reyes had ample access to due process," an ICE spokesman said in a statement regarding Salvador's case. "His immigration case has undergone exhaustive review by judges at all levels of our legal system and the courts have consistently held that the couple does not have a legal basis to remain in the United States. É If the immigration courts find that a person has no legal basis to be in this country, it is ICE's responsibility to see that the court's decision is carried out."
The family's saga began in March 2007, when federal agents raided their home in a case of mistaken identity. Although they were looking for someone else, they determined that the parents and Gilbert Mejia-Perez were in the U.S. illegally. They detained Salvador Mejia and initiated removal proceedings for his wife and son.
In October 2007, an immigration judge in San Francisco granted the parents "cancellation of removal," which would have provided them permanent residence status. The judge determined that their deportation would impose too great a hardship on their daughters, Helen, 13, and Dulce, 4. The family said that Dulce is chronically underweight and has trouble swallowing food, while Helen was diagnosed with depression- and anxiety-related disorders after the 2007 raid.
The Department of Homeland Security appealed the immigration judge's decision, and in March 2008, the Board of Immigration Appeals reversed the original decision. The family's subsequent appeal to the 9th U.S. Circuit Court of Appeals was dismissed in May 2009.
Since then Mejia, 39, Perez, 40, and 18-year-old Gilbert have had to wear ankle bracelets that monitor their whereabouts. The trio must make thrice-weekly trips to the ICE office in San Francisco to check in, and an agency official visits them at their home once a week.
"They treat you like a criminal," Elida Perez said. "We haven't made one mistake."
As the Oct. 13 deadline approached, Van Der Hout sought to have Feinstein draft private legislation that would provide amnesty for the family. But Feinstein reviewed the case last week and decided against doing so, her office confirmed. Feinstein's office declined to comment on the specifics of the case.
Feinstein's decision came despite an extensive letter-writing campaign to her office organized by friends and family. Michelle DeBerge, a women's divorce and breakup coach, has employed Perez as a housekeeper for several years.
"She's like family to me," she said. "I can't believe this is happening. I just feel like crying. We've tried so hard and it's been wonderful the amount of support we've gotten. It's so disheartening and heartbreaking that Senator Feinstein is not willing to sign a private bill for them. But I'm not giving up hope."
Van Der Hout worked on a separate strategy, trying to get immigration officials to delay the parents' deportation. Mejia-Perez's lawyer subpoenaed the parents to appear at his deportation hearing, convincing immigrations officials to delay their deportation to allow them to testify. But the family has yet to attain anything more than a delay of the inevitable.
"We're hoping that Senator Feinstein and Immigration and Customs Enforcement change their mind," Van Der Hout said. "We're not giving up complete hope, but it is looking most likely that they will have to leave."
In the meantime, the family is preparing for the worst. Perez said that they don't intend to sell their home, but will pass power of attorney status onto a family friend in order to possibly rent it out while they sort out their legal options. With his parents' fate all but determined, Gilbert Mejia-Perez said he plans to speak out at his own deportation hearing.
"I will tell the judge that I have the right as a human to pursue my dreams and goals and that every person has the right to pursue happiness," he said. "I am attending college right now and I have a lot of things going on that I can't leave behind."
Source:
www.marinij.com/marinnews/ci_13542300
