Deportation: October 2009 Archives

Seth Williams.jpg

Cross-posted at Young Philly Politics.

Julio Maldonado was deported to Peru on Thursday, October 22, 2009, after arriving in the U.S. 38 years ago at the age of 3.

He and his cousin, Denis Calderon, had been victims of an attack based on their ethnicity in 1996. Julio was wrongfully convicted of aggravated assault, incarcerated for a total of 8 years, and then deported.

His family's pleas for justice were ignored by local, state, and federal decisionmakers--except for the convicting judge, Judge Gregory Smith, who actually vacated his own verdict after an evidentiary rehearing. That decision was appealed by the District Attorney's office and overturned. A jury of Julio's peers also found him not guilty of the murder of one of his attackers. So how then was Julio locked up for so long and deported, when the convicting judge (in the aggravated assault trial) and the jury (in the murder trial) both decided he was not culpable?

When it came to wrongfully convicting, imprisoning, and deporting Julio, prosecutors and the Department of Homeland Security zealously worked to prevent a just result. When it came to acknowledging that a mistake had been made and families would be torn apart, everyone's hands were tied, from prosecutor Seth Williams to Governor Rendell (mayor of Philadelphia in 1996, now with the power to pardon an egregious error that occurred on his watch) to Thomas Decker, director of Immigration Customs and Enforcement in Philadelphia, to Janet Napolitano, head of DHS.

The case has broader significance, as Seth Williams will likely be Philadelphia's new District Attorney. He will have to decide, along with the mayor and police commissioner, whether to continue along Philadelphia's current track of close cooperation with ICE to target immigrant communities. Currently, Philly PD is routinely arresting Latin@ immigrants for minor traffic stops and turning them directly over to ICE, or actually joining ICE on home raids. This is in direct contravention of Mayor Nutter's expressed desire to make Philly an immigrant-friendly city. It is hard to be friendly when the immigrant community is terrified of the police, which is working hand in glove with the local ICE contingent to deport every last one of them.

Seth Williams didn't lift a finger to undo the damage he had done to Julio Maldonado and his family, despite repeated promises to the family. At least, we have no evidence he took any favorable action.

Will Philadelphia's elected officials side with the immigrant community, or with Lou Dobbs and others who want to see immigrants chased out of the U.S.? Right now, they are saying one thing and doing another.

[Image: Democratic candidate for District Attorney of Philadelphia, Seth Williams.]

If you ever had any question about the U.S. government using immigration status as a vehicle of oppression and coercion, you should read the story of Imam Foad Farahi.  The Miami New Times has an in-depth report of how the U.S. federal government tried to force Farahi to use his privileged position as a religious leader to inform on his fellow Muslims.  Farahi did the right thing, said no:

"We want you to work with us," Farahi remembers the agents telling him.

And this is when the imam's five-year battle with the federal government began.

"I have no problem working with you guys or helping you out," Farahi said. He could keep them informed about the local Muslim community or translate Arabic. But the relationship, he insisted, would need to be public; others would have to know he was helping the government.
It's good to see some activists making the connection between foreign policy and migration, and acting on it.  The Stop Deportation Network in the United Kingdom is working to stop the first mass deportation flight to Baghdad: (sombrero tip to Earwicga via Ten Percent)

The Stop Deportation network and the International Federation of Iraqi Refugees, along with other groups and organisations, are demanding that the first mass deportation flight to southern Iraq, expected to leave on Wednesday, is cancelled and the detainees threatened with forcible removal are released immediately. Over the last week, detainees in various immigration detention centres have been given 'removal directions' clearly stating they will be removed to Iraq, rather than the Kurdistan Regional Government-controlled region, which was stated in previous removals.

julio-denis-faith.jpg

Julio Maldonado will be deported this week unless DHS exercises its discretion to wait until Julio's pardon request can be heard. **Action requested: call DHS and Governor Rendell at the numbers below!**

Julio and his cousin Denis Calderon, longtime lawful permanent residents from Peru, were victims of a racially-motivated attack in Philadelphia in 1996 during which Denis was beaten and stabbed. Julio and Denis were wrongfully convicted of aggravated assault while their white attackers were never charged with any crime. The original convicting judge later vacated his own verdict after reviewing expert testimony that later came to light, but the District Attorney's office appealed the decision and won on a technical argument. Now Julio stands on the brink of deportation, 38 years after arriving in the U.S. as a toddler and 32 years after receiving his green card.

Julio has spent the last 4 years in jail for "hindering his own removal" by refusing to sign the papers required to process his Peruvian travel documents. Now the Peruvian consulate has issued temporary travel documents that do not require Julio's consent, and DHS wants to deport him now. Julio filed a request for a pardon from governor Rendell on July 1, 2009, but DHS does not want to wait for a decision on the pardon. In denying Julio's request for a stay of removal last month, DHS held that Julio's desire to remain with his family instead of accepting permanent exile to Peru was considered an adverse factor weighing against an exercise of favorable discretion.

Why does DHS view family unity as an "adverse factor"?

***Please call David Venturella, Acting Director of ICE's Office of Detention and Removal Operation, at (202) 732-3100 to request that DHS allow Julio to stay in the U.S. until his request for a pardon is reviewed by Pennsylvania Governor Ed Rendell.***

***Please call Governor Rendell's office at (717) 787-2500 and ask the governor (1) to expedite review of Julio's pardon request and (2) to request that DHS wait to deport him until the pardon request is reviewed.***

If you have not yet signed the petition for Julio and Denis, please do so here.
More complete summaries of the case are available here and here, and a list of coverage is here.

About this Archive

This page is a archive of entries in the Deportation category from October 2009.

Deportation: September 2009 is the previous archive.

Deportation: December 2009 is the next archive.

Find recent content on the main index or look in the archives to find all content.




XOLAGRAFIK Designs