Civil Appeal Remand Docket No. 09-1610 } Ofume v. Govt. of America Lead Case Docket No. A097-446-370 }
U.S. BOARD OF IMMIGRATION APPEALS
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
U.S. DEPARTMENT OF JUSTICE
____________________________________________________________________________________
IN REMOVAL
PROCEEDINGS
In the Matter of:
1. OFUME, PHILLIP CHUKWUMA
2. OFUME, MAUREEN NGOZI
3. OFUME, KLEBER ODIMEGWU (Removed by ICE without Order of Judge/Court and other removal immigration documents including host country, Nigeria’s Consulate receipt and release)
4. OFUME, KEYNES ONYERO
5. OFUME, ISABELLE IFEOMA
6. OFUME LYNDA LAFAYETTE
7. OFUME, BARNETT CHIDI
8. OFUME, CHRISTIAN TOBECHUKWU
9. OFUME, GLORIA CHIYEM
APPLICANTS/DEFENDANTS(OFUME FAMILY
- FORMA PAUPERIS & PRO SE)
V.
GOVERNMENT OF AMERICA
RESPONDENT/PLAINTIFF
_________________________________________________________________________________
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
U.S. DEPARTMENT OF JUSTICE
____________________________________________________________________________________
IN REMOVAL
PROCEEDINGS
In the Matter of:
1. OFUME, PHILLIP CHUKWUMA
2. OFUME, MAUREEN NGOZI
3. OFUME, KLEBER ODIMEGWU (Removed by ICE without Order of Judge/Court and other removal immigration documents including host country, Nigeria’s Consulate receipt and release)
4. OFUME, KEYNES ONYERO
5. OFUME, ISABELLE IFEOMA
6. OFUME LYNDA LAFAYETTE
7. OFUME, BARNETT CHIDI
8. OFUME, CHRISTIAN TOBECHUKWU
9. OFUME, GLORIA CHIYEM
APPLICANTS/DEFENDANTS(OFUME FAMILY
- FORMA PAUPERIS & PRO SE)
V.
GOVERNMENT OF AMERICA
RESPONDENT/PLAINTIFF
_________________________________________________________________________________
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Civil Appeal Remand Docket No. 09-1610 } Ofume v. Govt. of America Lead Case Docket No. A097-446-370 }
VERIFIED MOTION/MEMORANDUM FOR STAY OF DEPORTATION/REMOVAL/EXCLUSION pursuant to Federal Rules of Appellate Procedure 18; 5th and 14th Amendments to the U.S. Constitution (Due Process Rights and Procedural Due Process); waive Order of U.S. Immigration Court relating to fragmentation or separation of the nuclear family under 1st and 4th Amendments to the Constitution of the United States and other laws of the United States relating to duties/obligations of court, government and citizens of the United States in ensuring Due Process Rights and Procedural Due Process consideration of the Rights and Freedoms of Children and Parents; 8 CFR 245a.20; etc
____________________________________________________________________________________
A. STATEMENT OF MOTION
Reliant on the legislative elements summarized and cited above, Applicants/Defendants’ Verified Emergency Motion in support of their Memorandum presented below are hereby jointly made for Stay of Deportation/Removal /Exclusion of the remaining members of their family afore-listed in the United States and Waiver of Bond or Cash and Preliminary Injunction pending receipt of the Decision which the Clerk’s Office of BIA informed Applicants was issued on September 22, 2011 and filing of Applicants’ appeal to the Supreme Court of the United States or in the alternative proceed below to file Motion to Reopen Applicants’ Application for Asylum before the Immigration Court. In both steps Applicants’ Motion to Reopen or Appeal to the Supreme Court of the United States are supported with strong evidence or reasons which are summarized in nature of that on before October 16, 2007 or final trial of the Applicants’ case that there was strong violation of Applicants’ Due Process Rights and Procedural Due Process pursuant to 5th and 14th Amendments of the Constitution of the United States and also vested in Bill of Rights; on September 29, 2005 Plaintiff impounded and seized Applicants’ valid and unexpired United Nations Travel Documents and Canadian Passports issued to Applicants by the Government of Canada and several other documents and materials as path to bring trump charge of landing in the United States without valid and unexpired documents; thereafter Plaintiff Charged Applicants under [212(a)(7) (A)(i)(I)] of the U.S. Immigration and Nationality Act and commenced the on-going removal proceedings; on January 25, 2006 The Honourable Justice Eliza C. Klein issued disclosure Order against Plaintiff and disclosures to be filed in March 2006 and following Plaintiff’s disclosure of the Applicants’ valid and unexpired United Nations Travel Documents and Canadian Passports issued to Applicants by the Government of Canada, Plaintiff lost the Charge brought against Applicants under [212(a)(7) (A)(i)(I)] of the U.S. Immigration and Nationality Act; on October 16, 2007 which was the final hearing/trial, Judge D’Angelo sanctioned the hearing/trial and prevented Applicants from defending and speaking on their Application for Asylum which contains FORM 1-589 and over 99 pages of Supplemental Statement of Defence and over one hundred (100) Exhibits supporting the heinous persecution and tortures which Applicants suffered oversea and how the same persecution and torture continued without lapse in Nigeria and country to country to the present time (see http://www.phillyimc.org/en/node/74902). All protests made by Applicants to Judge D’Angelo requesting him to hear their Application for Asylum were flagrantly ignored and in place of allowing them defend their Application for Asylum, on October 16, 2007 Judge D’Angelo personally created
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EXPIRED BIOMETRIC allegation and used this uncharged and unknown allegation to brand Applicants’ Application for Asylum as “ABANDONED” case without any tardiness and absent throughout the lifeline of the hearing which was November 16, 2005 through October 16, 2007. In support of this Motion, Applicants herewith below fully incorporate their Memorandum. Also Applicants have sent letter to the BIA to request for the Decision issued by the BIA on September 22, 2011.
B. MEMORANDUM
JURISDICTION
1. Motion is made pursuant to Federal Rules of Appellate Procedure 18; 5th and 14th Amendments to the U.S. Constitution (Due Process Rights and Procedural Due Process); waive Order of U.S. Immigration Court relating to fragmentation or separation of the nuclear family under 1st and 4th Amendments to the Constitution of the United States and other laws of the United States relating to duties/obligations of court, government and citizens of the United States in ensuring Due Process Rights and Procedural Due Process and the Rights and Freedoms of Children and Parents; 8 CFR 245a.20; etc.
2. Civil Appeal Remand to BIA /Case Docket No. 09-1610 & LEAD FILE: 97-446-370 BIA and below all focused on uncharged and imported issues (Expired Biometric Test) without talking about the major and minor parts of the case which are Application for Asylum in safe country and failed charge brought against Applicants under [212(a)(7) (A)(i)(I)]. When Applicants landed in the United States on September 29, 2005 the only charge which is trump up charge is under [212(a)(7) (A)(i)(I)] of the U.S. Immigration and Nationality Act and when the Plaintiff lost this charge, no charge or allegation was left.
3. On before final master hearing, October 16, 2007 Plaintiff lost the charge because Order of The Honourable Justice Eliza Klein led to disclosure of Applicants’ valid and unexpired immigration documents which were impounded and seized by the Plaintiff on September 29, 2005 at point of entry into the United States.
4. Plaintiff did not oppose Applicants’ defence against this trump up charge on first part and Plaintiff did not appeal Order of The Honourable Justice Eliza Klein led to disclosure of Applicants’ valid and unexpired immigration documents on second part. Only expired biometric test which is strange and imported into Applicants’ Application for asylum on October 16, 2007 was used by The Presiding Hon. Justice Matthew D’Angelo to brand Applicants’ Application for Asylum as ABANDONED.
5. Applicants did not redo or renew their biometric test because of the political roles of the presiding Immigration Judge Matthew D’Angelo of the Immigration Court, Boston, MA; Clerk/Administrator of the
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Immigration Court Boston, MA; USCIS, Nebraska, USCIS, Boston, MA. Presiding Judge refused to issue short release or phrase, “BIOMETRIC TEST IS REQUIRED IN THIS CASE” and the Clerk/Administrator of the Immigration Court refused to issue stamp containing similar phrase.
6. If Motion for Stay is granted, statement of motion, Paragraphs 1 to 5 above and further statement of memorandum below contain secured ground of an overwhelming possibility that Applicants’ Appeal to The Supreme Court of the United States or Motion to Reopen will prevail with above 100% success point. This Court has complete jurisdiction over the case and as well as the applicants.
BACKGROUND
7. Applicants were falsely charged under [212(a)(7) (A)(i)(I)] of the U.S. Immigration and Nationality Act after u. s. Immigration and Customs Enforcement (ICE) impounded and seized Applicants’ valid and unexpired United Nations Travel Documents and Canadian Passports issued to Applicants by the Government of Canada; academic and professional qualifications; several document relating to police brutality in Nigeria; newspapers; court documents; etc. as lead to bring case of landing in the United Sates without unexpired documents whereas all the documents such as Applicants’ United Nations Travel Documents and Canadian Passports issued to Applicants by the Government of Canada were valid and unexpired on before and after September 29, 2005. Under U.N. Convention July 28, 1951 relating to victims fleeing persecution oversea to host countries and documents required under this Convention, shows that Applicants had better and surplus valid and unexpired immigration documents.
8. Per an Order of disclosure issued by The Honourable Justice Eliza C. Klein dated January 25, 2006 ordering the Plaintiff or Government of America or its agency ( DHS – ICE) to disclosure Applicants documents in its possession thereafter in March 2006 copies of Applicants’ valid and unexpired United Nations Travel Documents and Canadian Passports issued to Applicants by the Government of Canada pursuant to United Nations Convention of July 28, 1951 were disclosed and the booklets and several other documents were continuously seized and in possession of the Plaintiff or Government of America or its agency ( DHS – ICE). Copies of these Refugees immigration documents show that Applicants’ landing documents were valid and unexpired and under this Convention Applicants’ documents certify the documents required by victims fleeing political persecution oversea to seek safety inside and outside the United States.
9. Based on paragraph 2 above, Plaintiff lost the Charge brought against Applicants under [212(a)(7) (A)(i)(I)] of the U.S. Immigration and Nationality Act and Applicants prevailed but Judge D’Angelo refused to grant relief which Applicants sought.
10. On October 16, 2007 which was the final hearing, The Honourable Justice Matthew D’Agnelo sanctioned the hearing/trial and prevented Applicants from defending and speaking on their Application for Asylum which contains
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over 99 pages of Statement of Defence and over one hundred (100) Exhibits supporting the heinous persecution and tortures which Applicants suffered oversea and how the same persecution and torture continued without lapse in Nigeria and country to country.
11. All protests made by Applicants to Judge D’Angelo requesting him to hear their Application for Asylum were flagrantly ignored and in place of allowing them defend their Application for Asylum, on October 16, 2007 Judge D’Angelo created EXPIRED BIOMETRIC as sanction and used this uncharged and unknown allegation to brand Applicants’ Application for Asylum as “ABANDONED” and deny their relief. Applicants cannot be blamed because on June 5, 2007 Judge D’Angelo shared the responsibilities which the Judge, Clerk/Administrator of the Court, USCIS Nebraska Service Center (NSC ), Applicants and Immigration Physicians will undertake to enable Applicants get appointment to redo their expired Biometric. NSC requested Applicants to get simple phrase (BIOMETRIC IS REQUIRED IN THIS CASE) from the Judge or Clerk/Administrator of the Immigration Court to enable NSC issue appointment to Applicants to enable them go to the USCIS regional office to redo their biometric test. Judge D’Angelo and Clerk/Administrator of the Court refused to issue this Phrase. To cover or destroy the apportionment of these responsibilities, the Judge and Clerk/Administrator of the Immigration Court, Boston MA destroyed the entire tape of the proceedings on June 5, 2007 and issued June 4, 2007 as the hearing date whereas no hearing occurred on June 4, 2007 . Applicants file Complaint with the FBI to investigate June 4, 2007 and June 5, 2007 . To present time, FBI failed to investigate Applicants’ Complaint. See Ofume Family et al v. Napolitano et al http://dockets.justia.com/docket/massachusetts/madce/1:2009cv10814/122259/
13. On paragraph 12 above, three complaints were filed with the U.S. Chief Immigration Judge and three administrative appeals filed with the Office of Administrative Appeals (OAA). Several petitions were sent to U.S. Chief Immigration Judge and OAA to hear Applicants’ complaints/appeals and to present time no hearings were conducted and no decisions issued.
CONDITIONS IN NIGERIA AND CANADA
14. Lead Applicant, Dr. Phillip Chukwuma Ofume is a major leader of Nigerian political and civil rights
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movements particularly in the oil/gas rich region of the Niger Delta and he is not military infantry combatant.
Before and after lead Applicants escaped from Nigeria in December 1996, lead Applicants, Dr. Phillip Chukwuma Ofume and Mrs. Maureen Ngozi Ofume are continually and variously charged in Nigerian courts because of their campaign for democracy and civil liberties. Following their flee, scores of convictions were handed down against them absentia. Thereafter as the campaign enlarges and the leadership of Dr. Ofume continues to reaffirm in the region and oversea and emerging as one of leading and most talk about presidential candidate of Nigeria , more serious charges were filed in some federal courts including Abuja Federal Court against Dr. Ofume stemming from treason to several other heinous political felonies. In the majority of the charges, accused persons must be connected with the physical evidence and on the scene of the purported crimes which they claim occurred between 1999 and 2009. Since April 19, 1998 Applicants have not visited Nigeria and all countries in Africa but lead Applicant are charged along with the combatants. All these charges must earn applicants death sentences or rarely life in prison because of the nature of the court particularly federal courts where the power of the oil/gas companies is visible..
15.. With the threat of these charges and fear of possible conviction because foreign and domestic oil/gas companies and politicians control courts, fake amnesty for the civil liberties fighters and civil rights campaigners inside and outside the Niger Delta Region was forcibly put in place by the government of Nigeria. Applicants refused to accept the amnesty and others advised them not to accept the fraudulent amnesty. After about one year and half, the civil liberties fighters and civil rights campaigners who ignored the advice and accepted amnesty found that the government of Nigeria, oil/gas companies and their allies deceived them because majority of the promises continues to be breached and unheeded.
16. Real officers of peace in democratic policing and security are able to protect innocent lives. Opposition within Nigeria’s securities and related operatives extended this type of life saving efforts to Applicants, Dr. Ofume when they alerted lead Applicant of eminent emerging life threat and prepared good information to facilitate escape. In Togo and Canada, different operatives took steps to protect Applicants by creating different links to make sure host countries of the intended assassination were exposed pending when the relocation process was completed. For example, political opponents assigned known covert operatives to organize several meetings with lead Applicant but couple of meetings, an internal operatives exposed the intention and how foreign oil/gas companies in Nigeria and government of Nigeria settled deal of oil/gas exchange (trade by barter) for abducting lead applicant and put him into a luggage and send him to the government of Nigeria (see Umuru Dikko v. Government of Nigeria). The difference is that the government of Nigeria and the oil/gas companies agreed that en route Nigeria the luggage will be injected out into the Atlantic Ocean to conclude assassination without stitches.
WHY STAY OF DEPORTATION IS INEVITABLE
17. Ken Saro Wiwa and 8 Ogonis were hanged because of frivolous allegation that they participated in murder of four Ogoni Chiefs whereas the oil/gas companies sponsored the mass murder and named Ken Saro Wiwa and others. Again, failure to grant Stay of Deportation would repeat this mass murder of civil rights workers and would lead Applicants to face double death sentences in Nigeria, namely previous treason charges and recent charges
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connecting him with the July 1, 2010 allegations of secession of the Niger Delta Region from Nigeria and the highly acclaimed allegation that lead Applicant, Dr. Phillip Chukwuma Ofume is going to be the Acting Vice-President of newly break away region of Nigeria (NIGER DELTA REGION) and the fear that the Acting President of the new Nation called the FEDERAL REPUBLIC OF THE NIGER DELTA who (Acting President) is now embedded in the downplayed second civil war in Nigeria has secretly named Dr. Ofume the Acting President if he died in this civil war. Information from Abuja, Nigeria shows that the government of Nigeria has used this unfounded allegation to add more treasonable charges to previous treason charges pending in Abuja, Nigeria federal court.
18. Dr. Ofume, in collaboration with other scholars, jointly have researched and investigated 1935- present gruesome massacre and mistreatment of the citizens of the NIGER DELTA REGION and found that the action of the civil liberties fighters in the region is lawful and constitutional within the construction of the Constitution of the Federal Republic of Nigeria and there is no crime committed to warrant clamor for amnesty because they are acting in light of what any other federating entity within the federation of Nigeria would do.
19. Following Judge D’Angelo’s sanction on Applicants’ rights to be heard before constituted court of record and just adjudicating authority and branding applicants’ Application for Asylum as ABANDONED without tardiness beginning (11/16/2005) through final hearing (10/16/2007), swiftly Judge D’Angelo proceeded on more horrifying mission to terminate or destroy Applicants’ nuclear family and issued the following scattered deportation order negligent of 1st and 4th Amendments to the Constitution of the United States and Bill of Rights:
19.a. Applicants’ three children born in Canada be deported to Canada without parents and be placed under the custody of Canadian Department of Social Services;
19.b. three children born in Nigeria be deported to Nigeria without parents and be placed under the custody of Nigerian Department of Social Services;
19.c. one child born in the US be arrested and placed under the custody of the US Department of Children and Families (DCF) without parents;
19.d. two parents born in Nigeria be deported to Nigeria and handover to Nigeria Police.
20. Government of America support unification of nuclear and extended families and Judge D'aAngelo's biometric base decision which is not part and an integral part of the charge brought against Applicants resulted to hostile scattered family and under extra-judicial power ordered that Applicants' children born in Canada be deported to Canada without parents; children born in Nigeria be deported to Nigeria without parents; one child born in US be arrested and given to Department of Social Service or children and Families; two parents born in Nigeria be deported to Nigeria separated.
21. Stay of Deportation to enable Applicants Reopen their Application for Asylum or proceed to appeal BIA’s Decision (which has not been sent to Applicants) to the Supreme Court of the United States is strongly inevitable because Decision of Judge D'Angelo (10/16/2007) will make law and popular caselaw which will insult the United
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States and same time reverse the claimed united family pride of the United States and waives US rights to speak on any international forum where good and united family systems are discussed.
22. Via this case, the magnitude of damage to the reputation, Constitution, other laws and federal constitutional democracy of the United States will be huge if any court fails to reverse Judge D’Angelo’s scattered deportation of a nuclear family and Applicants are not heard or allowed to defend their Application for Asylum and see the endless persecution against applicants recently 1990s – present time.
22. Via this case, the magnitude of damage to the reputation, Constitution, other laws and federal constitutional democracy of the United States will be huge if any court fails to reverse Judge D’Angelo’s scattered deportation of a nuclear family and Applicants are not heard or allowed to defend their Application for Asylum and see the endless persecution against applicants recently 1990s – present time.
DIFFERENT FACES OF FURTHER QUESTIONS, FACT AND CONTEST OF ARGUMENT IN SUPPORT OF REASON STAY MUST BE GRANTED
ISSUE UNDER CONTEST IN SUPPORT OF REASON STAY IS INEVITABLE
23. Whether under 5th and 14th Amendments to the U.S. Constitution (Due Process Rights and Procedural Due Process) of the United State Applicants’ right to be heard is waived.
24. Whether extensive misstep has not occurred when U.S. Judge of Record thinks that EXPIRED BIOMETRIC TEST which is irrelevant to application for asylum or lifesaving and is not part of the allegation or charge [[212(a)(7) (A)(i)(I)] of the U.S. Immigration and Nationality Act] brought against Applicants is sufficient to cause scattered removal of united nuclear family in the United States of America to several different countries in horrifying and torturous manners of children without their parents, parents without their children and children without their parents and siblings or brothers and sisters.
SUPPLEMENTAL FACT & EVIDENCE STAY OF DEPORTATION OF APPLICANTS AND STAY OF EXECUTION OF ALL THE DECISIONS APPEALED AND WAIVER OF BOND OR CASH AND PRELIMINARY INJUNCTION MUST BE GRANTED PENDING RECEIPT OF BIA's DECISION, APPEAL OR REOPEN BEFORE NEW IMMIGRATION COURT AND JUDGE
SUPPLEMENTAL FACT & EVIDENCE STAY OF DEPORTATION OF APPLICANTS AND STAY OF EXECUTION OF ALL THE DECISIONS APPEALED AND WAIVER OF BOND OR CASH AND PRELIMINARY INJUNCTION MUST BE GRANTED PENDING RECEIPT OF BIA's DECISION, APPEAL OR REOPEN BEFORE NEW IMMIGRATION COURT AND JUDGE
25. Applicants, Dr. Ofume or lead Applicant/Appellant and his family are prisoners of conscience, convention and political refugees and stateless persons adopted by the United Nations High Commission for Refugees (UNHCR) and Amnesty International (Int. Secretariat, London UK) and Asylees in the United States erroneously paroled in the
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United States for no just reason. Dr. Ofume and his family are in US for safety reason and to campaign for the President of Nigeria and now campaigning for Nigeria federal election 2015.
26. There is enormous animosity and political persecution against Applicants by the administration and Judge D’Angelo of the Immigration Court, Boston MA. A good example of the cruelty and failure of justice below, is the case of one of the Applicants, Kleber Odimegwu Ofume with Alien No. 96-416-430 and one of the riders of the Lead Case File A# 97-446-370 who has been at all material time a bona fide party to the consolidated Asylum application (Lead Case File A# 97-446-370 – Judge Matthew Ragno) which was pending and active before the Immigration Court, Boston, MA and Board of Immigration Appeals, Virginia. The height of failure of justice and politicized animosity below are that Kleber was deported the day (March 10, 2009 at 1.00 p.m.) his bail hearing was scheduled in the Immigration Court, Boston, MA and under conspiracy the hearing was assigned to Judge D‘Angelo. Judge D’Angelo and a politically collaborating Attorney Nancy Norman (Lynn, MA) wasted between February 9, 2009 and March 10, 2009 without filing Stay Motion. The plot allowed rush deportation to mature before they set down the bail hearing. Kleber is student at North Shore Community College, Lynn, MA and has no criminal record. Applicants request your Honors to return and reunite Kleber with his parents and siblings. Kleber has never been convicted for any minor and major crimes inside and outside the United States.
27. September 29, 2005 the family escaped the physical and psychological tortures and gassing in Canada by booking direct or non-stop flight, Halifax International Airport to Washington, DC but at Boston Logan Airport,
Plaintiff forced the Aircraft to land, Applicants were removed from the aircraft and US Immigration and customs Enforcement (ICE) impounded and seized the Applicant/Appellant’s or family’s unexpired family’s UN Refugees Travel Documents and Passports, Academic and Professional Qualifications and Awards, Flight Tickets, Birth Certificates, Torture Medical Report, Torture Photographs, Newspapers, torture photographs, Court documents and submissions, etc. The reason for this seizure is to block the family’s further journey to Washington, D.C. where the persecution and torture stated in this motion wouldn’t have been steered to this present level. This seizure is designed to frame-up charge [212(a)(7) (A)(i)(I)] against Dr. Ofume and his family who arrived in the US with unexpired documents and pursuant to the UN Convention of July 28, 1951 and US Immigration (Asylum) Law. The action of ICE adversely impacted Applicants’ adjustment, integration and other transitional activities into the United States.
28. On September 29, 2005 Applicant was interviewed for over 12 hours by US Immigration Officials (09/29/2005) and admitted into the US and further interviewed and heard by US Asylum Officer for two days (October 5 & 6, 2005) and granted CREDIBLE FEAR OF PERSECUTION OR TORTURE (10/07/2005). The family was released but minutes after the departure of the Asylum Officer, ICE rearrested Dr. Ofume and his family. On October 12, 2005 ICE imposed one year parole on Applicants or Convention Refugees without criminal records inside and outside the United States and issued 1-94 to all the members of the Ofume family with several deliberate mistakes which were set as future time explosive. Some 1-94 were issued with serious deliberate mistakes and Applicant’s research and investigation show that the mistakes were deliberate to sanction Applicants’ access to right to services and incidents which led to the deportation of the senior son of Applicants. These deliberate mistakes
27. September 29, 2005 the family escaped the physical and psychological tortures and gassing in Canada by booking direct or non-stop flight, Halifax International Airport to Washington, DC but at Boston Logan Airport,
Plaintiff forced the Aircraft to land, Applicants were removed from the aircraft and US Immigration and customs Enforcement (ICE) impounded and seized the Applicant/Appellant’s or family’s unexpired family’s UN Refugees Travel Documents and Passports, Academic and Professional Qualifications and Awards, Flight Tickets, Birth Certificates, Torture Medical Report, Torture Photographs, Newspapers, torture photographs, Court documents and submissions, etc. The reason for this seizure is to block the family’s further journey to Washington, D.C. where the persecution and torture stated in this motion wouldn’t have been steered to this present level. This seizure is designed to frame-up charge [212(a)(7) (A)(i)(I)] against Dr. Ofume and his family who arrived in the US with unexpired documents and pursuant to the UN Convention of July 28, 1951 and US Immigration (Asylum) Law. The action of ICE adversely impacted Applicants’ adjustment, integration and other transitional activities into the United States.
28. On September 29, 2005 Applicant was interviewed for over 12 hours by US Immigration Officials (09/29/2005) and admitted into the US and further interviewed and heard by US Asylum Officer for two days (October 5 & 6, 2005) and granted CREDIBLE FEAR OF PERSECUTION OR TORTURE (10/07/2005). The family was released but minutes after the departure of the Asylum Officer, ICE rearrested Dr. Ofume and his family. On October 12, 2005 ICE imposed one year parole on Applicants or Convention Refugees without criminal records inside and outside the United States and issued 1-94 to all the members of the Ofume family with several deliberate mistakes which were set as future time explosive. Some 1-94 were issued with serious deliberate mistakes and Applicant’s research and investigation show that the mistakes were deliberate to sanction Applicants’ access to right to services and incidents which led to the deportation of the senior son of Applicants. These deliberate mistakes
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were more visible in two elder children or Kleber/Keynes Ofume’s 1-94. On January 7, 2009 Kleber went to the office of ICE in Boston to request ICE to correct the mistake in his I-94 and upon presenting his request, faultless he was arrested, detained, ex-communicated, tortured, starved to the extent of losing over 45 pounds and deported to Nigeria on March 10, 2009 which was the date set for his bail hearing. Heartlessly, he was deported to Nigeria where his parents fear death and other harm in breach of 5th and 14th Amendments to the U.S. Constitution (Due Process Rights and Procedural Due Process) and UN Convention of July 28, 1951.
29. Violation of 5th and 14th Amendments to the U.S. Constitution (Due Process Rights and Procedural Due Process) is several in this matter. Applicant/Appellant filed several Applications for Asylum (FORM 1 -589) on May 1, 2006; June 26, 2006; September 1, 2006; etc with the Immigration Court, Boston but Clerk/Administrator of Court and Judge D’Angelo put them under the rug to sanction wide range of relief or services and persecutions which Applicants suffered in Canada and Nigeria and continue to suffer in countries of Asylum. See Ofume v. George W. Bush et al – The Supreme Court of the United States; Ofume v. Vigorito et al - The Supreme Court of the United States; Ofumes v. DTA Civil Docket No. ESCV2006-00381; Ofume v. Vigorito NO. 07 CV.00178; Ofume v. CIBC – The Supreme Court of Canada; http://dockets.justia.com/docket/massachusetts/madce/ 1:2009cv10814/122259/ (Ofume v. Janet Napolitano et – US District Court No. 1:2009cv10814); etc.
30. Recently, Applicants have been granted several waivers of bond or cash in the matter, USCIS Application for Renewal of EAD; BIA Motion for Reconsideration; etc. There is renewed severe form of imposed sanction on Applicants’ rights to Employment Authorization Document (EAD), Employment and other services including food stamps, donation, cash benefit, etc to Applicants’ adults and children. Under the state and federal poverty level, the only income to Applicants or Dr. Ofume and his family is one child pay from indentured restaurant work where he earns about or less than $423.00/two weeks.
31. Bond and cash cannot be argued or presented as impediment to this Motion because there is no immigration violation, no charges and arraignment pending or in force which requires standard immigration bail bond or which requires use of collateral, risk assumed and other factors. In the alternative, if this Board or court desires to proceed without pending case, Applicants may argue that Motion for Waiver of Bond or Cash and affidavit to proceed forma pauperis have been granted the entire family in several Massachusetts law courts and US federal law courts [see paragraph 30 above.
30. Recently, Applicants have been granted several waivers of bond or cash in the matter, USCIS Application for Renewal of EAD; BIA Motion for Reconsideration; etc. There is renewed severe form of imposed sanction on Applicants’ rights to Employment Authorization Document (EAD), Employment and other services including food stamps, donation, cash benefit, etc to Applicants’ adults and children. Under the state and federal poverty level, the only income to Applicants or Dr. Ofume and his family is one child pay from indentured restaurant work where he earns about or less than $423.00/two weeks.
31. Bond and cash cannot be argued or presented as impediment to this Motion because there is no immigration violation, no charges and arraignment pending or in force which requires standard immigration bail bond or which requires use of collateral, risk assumed and other factors. In the alternative, if this Board or court desires to proceed without pending case, Applicants may argue that Motion for Waiver of Bond or Cash and affidavit to proceed forma pauperis have been granted the entire family in several Massachusetts law courts and US federal law courts [see paragraph 30 above.
APPLICANTS ARE EXEMPLARY FAMILY, LAW ABIDING CITIZENS AND/OR ROLE MODEL TO PARENTS, CHILDREN, MEN AND WOMEN INSIDE AND OUTSIDE THE UNITED STATES OF AMERICA
32. Inside and outside the United States, Applicants are educators in collaboration with several national and international scholars to design some of the best educational and human innovation and civilization projects to empower learners, parents, teachers and government. 1989 - present, Applicants have quickly integrated themselves within almost all America’s and Americans’ social, economic, political and civil development system. Inside and outside the United States, Applicants have contributed to their neighborhood, community and nation in general in assuring the success of people and government.
32. Inside and outside the United States, Applicants are educators in collaboration with several national and international scholars to design some of the best educational and human innovation and civilization projects to empower learners, parents, teachers and government. 1989 - present, Applicants have quickly integrated themselves within almost all America’s and Americans’ social, economic, political and civil development system. Inside and outside the United States, Applicants have contributed to their neighborhood, community and nation in general in assuring the success of people and government.
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See http://universal-fashion-art-music.blogspot.com/2011 /10/open-notice-of-termination-of-dcfdss-to_11.html; http://www.phillyimc.org/en/event/education-america-limpt-inc-educationworkforce-project-pushes-community-base-reform-urban-and-;http://www.phillyimc.org/en/node/71991; http://www.google.com/#pq=limpt%2C+inc+v.&hl=en &sugexp=kjrmc&cp=28&gs_id=3i&xhr=t&q=LIMPT%2C+ INC.+V.+UNITED+STATES&pf=p&sclient=psy-ab&source=hp&pbx=1&oq=LIMPT,+INC.+V. +UNITED+STATES&aq=f&aqi=&aql=&gs_sm=&gs_upl= &bav=on.2,or.r_gc.r_pw.,cf.osb&fp=fa86c422d69b5555&biw=1366&bih=667 HIT TODAY (09/25/2011: 1.11BILLION ; http://universal-fashion-art-music.blogspot.com/2011/10/open-notice-of-termination-of-dcfdss-to_11.html
33. 1996 - present, Dr. Ofume and his family have been fleeing political persecution and torture in Nigeria, Togo, Canada and continued in the United States by infiltration of the parents’ political rivals. Applicants have established good sense of membership within the United States by incorporating one of the best world acclaimed
educational projects, LIMPT, INC. (USA). See http://www.google.com/search?hl=en&source= hp&q=LIMPT%2C+INC.&btnG=Google+Search&aq=f&aqi=&aql=&oq=&gs_rfai=CKCzCRJVETMqUI5HuzASZtMWiCgAAAKoEBU_Q0YLH
34. Under Applicants' and Associates' national and international Education Project which President Barack Obama has recently acknowledged by letter and comment dated February 18, 2011 and same received by Applicants and Associates, the education project is new and only hope for parents and learners but secretly opposed by the parents teachers association and departments of education because LIMPT, INC. will cut large part of the monies which district, county, state and federal pretentiously spend to stop school dropouts and poor standard of education because this downside in education is systemically and politically made to dig gold. The deported child, Kleber Ofume and siblings have profited from this project and they have been an A+/A/B+/Honor/High Honor/Smart/Talented/Gifted students. See BEDFORD SOUTH SCHOOL, BEDFORD NS, CANADA, COBBET ELEMENTARY SCHOOL LYNN, MA, BREED MIDDLE SCHOOL LYNN, MA, CLASSICAL HIGH SCHOOL, LYNN, MA RIVERBEND HIGH SCHOOL, FREDERICKSBURG, VA, FREEDOM MIDDLE SCHOOL, FREDERICKSBURG, VA,
etc.
35. Applicants, or Dr. Ofume and his family are members of THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS. They do not smoke, drink alcohol and use other intoxicants or hard substances, engage in fight,
use indecent language and related harm against themselves and the entire society including Americans. Inside and outside the United States, they have focused on education, community services and development, peace, campaign for civil liberties and good government and they pose no threat to America/Americans and others.
F. PRELIMINARY INJUNCTION
use indecent language and related harm against themselves and the entire society including Americans. Inside and outside the United States, they have focused on education, community services and development, peace, campaign for civil liberties and good government and they pose no threat to America/Americans and others.
F. PRELIMINARY INJUNCTION
36. United States courts and other courts even beyond its borders may agree in their majority that Injunction
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Civil Appeal Remand Docket No. 09-1610 } Ofume v. Govt. of America Lead Case Docket No. A097-446-370 }
must not be confused with unnecessary submissions.
37. They agreed that seekers of preliminary injunction must meet a four-part test and specifically, seekers of PRELIMINARY INJUNCTION must establish:
a. A Four-part Test:
(i) seeker of this type of injunction is likely to succeed on merit of the on-going case. The Asylum Application has succeeded because the charge 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (“INA” or “the Act”)” brought against Applicant/Appellant failed on October 16, 2007 but because the Presiding Judge D’Angelo waived Applicants’ rights to be heard before constituted court, Applicants’ Application for Asylum was sanctioned in breach of 5th and 14th Amendments to the U.S. Constitution (Due Process Rights and Procedural Due Process). All US federal administrative records which are over 2000 pages failed to show where Applicants defended and spoke on their Application for Asylum which contains over 99 pages of Supplemental Statement of Defence and over one hundred (100) exhibits. Action of the Immigration Judge D’Angelo for preventing Applicants from defending their Application for Asylum, is serious violation under the Constitution of the United States cited above and if their Application for Asylum was to be reopened before a non-partisan Judge that would not adjudicate upon the application based on politics, race, color, political affiliation/alliance, nationality, religion, etc, Applicants’ application must prevail over 97%.
EXPIRED BIOMETRIC TEST is undetermined and vague “regulatory requirements” in this case and is not part of the charges brought against Applicants and if the case was heard before well constituted judicial proceedings, the order appealed would have been out-rightly dismissed. On September 29, 2005 at Boston Logan Airport, Applicants did their biometric test and no crime was traceable to all the applicants. As if this search for crime was not enough, on October 12, 2005 Plaintiff imposed one year parole on the Applicants who are Convention Refugees without criminal record inside and outside the United States. October 16, 2007 which was the final hearing or trial date for Applicants’ Application for Asylum shows that the imposed Parole ended on October 12, 2007 also without criminal record inside and outside the United States. If there were no criminal records for over 50 years in the life of the first lead applicant and over 38 years in the life of the second lead applicant, and zero criminal records for all the children or riders, therefore how would biometric test which is a minor crime detector be very important to override a serious Application for Asylum which is lifesaving application or to save the lives of applicants from political death sentences and death by hanging or public firing squad in Nigeria.
(ii) seeker of this type of injunction is likely to suffer irreparable harm in the absence of preliminary injunction. Deportation of parents to Nigeria and scattered deportation ordered by Judge D’Angelo will lead to extinction
of the family. Apart from the fact that parents must get death sentence by hanging or public firing squad from treason and other political felonies; children will be lost forever. Inside and outside the United States reliable sources within anonymous Nigerian Security Services circle and the information has appeared in different publications, articles, and other reliable information show that Applicants/Appellants’ parents are charged
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Civil Appeal Remand Docket No. 09-1610 } Ofume v. Govt. of America Lead Case Docket No. A097-446-370 }
with treason and other political felonies which will earn them nothing less than death by hanging or public firing squad or life in prison . Applicants have no immediate and accessible extended family members in Canada and
Nigeria because of political tension and unrest and colonial divide and destroy socio-economic and politics of bloc in several nuclear and extended family system of Nigeria, Canada and USA;
Nigeria because of political tension and unrest and colonial divide and destroy socio-economic and politics of bloc in several nuclear and extended family system of Nigeria, Canada and USA;
(iii) that the balance of equities tips in seeker’s favour or the grant of injunction will substantially injure the other parties interested in the proceedings. Reason of the foregoing, the answer is No because Applicants are good example of excellent parents, children and family in America and world in general. Applicants’ programs, articles and publications takes over 27billion hit and remain as one of the major educational sources and resources in the world and there is no charges pending against the family. Applicants are not a threat to America and people of America and their allies and world in general. Applicants are peace loving and law abiding parents, children and family.
Above/below, see one of several thousands of the good works of the Appellant and its NGOs: http://groups.google .com/ group/google.public.support. general/browse_thread/thread/15b0a439b84b09f8/13c9c60b2fc2a405 <http://groups.google.com/group/google.public.support.general/browse_thread/thread/15b0a439b84b09f8/13c9c60b2fc2a405>; http://www.phillyimc .org/en/node/74756 ( “*What we told Mr. President of America, NATO, European Union, African Union, Asian Union, and their allies”). Hit & date: 9,640,000 10/21/2008 and continued to be strong under public interests;
(iv) that granting of this type of injunction is in public interest. Americans, United Nations (UN Convention of July 28, 1951) and other international communities and mechanism will be offended if Applicants were deported to countries (Nigeria and Canada) where the family fears death and other harms and children are deported to countries without their parents and extended families. Reason Applicant fled Canada to US is located in a sealed information that General Olusegun Obasanjo (President of Nigeria) has reached secret agreement (D-day: December 3, 2005) with the Canadian government to trade Dr. & Mrs. Ofume for several million barrels of crude oil extracted from year to year for four (4) years. Various hits including multiple and simultaneous hits on gooogle international public group communications show that over 30billion hits opposed Judge D’Angelo scattered deportation and almost same hits opposed mistreatment directed against Applicants country to country.
C. CONCLUSION/RELIEF
Granting Stay of Deportation/exclusion/removal is inevitable because using uncharged and strange allegations to convict accused person has never been part of the Judicial system of the United States of America. Also never been part of the Judicial System, culture and civilization of America is destruction of the nuclear and extended families such as deporting them in manner stated in para 19 above;
Applicants request emergency Temporary Stay of deportation or Restraining officers of immigration, attorneys, etc from deporting Applicants as politically and extra-judicially ordered by Judge D’Angelo. Applicants also plead
C. CONCLUSION/RELIEF
Granting Stay of Deportation/exclusion/removal is inevitable because using uncharged and strange allegations to convict accused person has never been part of the Judicial system of the United States of America. Also never been part of the Judicial System, culture and civilization of America is destruction of the nuclear and extended families such as deporting them in manner stated in para 19 above;
Applicants request emergency Temporary Stay of deportation or Restraining officers of immigration, attorneys, etc from deporting Applicants as politically and extra-judicially ordered by Judge D’Angelo. Applicants also plead
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Civil Appeal Remand Docket No. 09-1610 } Ofume v. Govt. of America Lead Case Docket No. A097-446-370 }
return to the United States deported 3rd Applicant mentioned above because his deportation is in breach of 5th and 14th Amendments to the U.S. Constitution (Due Process Rights and Procedural Due Process) dismiss Order of U.S. Immigration Court and Judge relating to fragmentation or separation of the nuclear and extended families under 1st and 4th Amendments to the Constitution of the United States and other laws of the United States relating to duties/obligations of court, government and citizens of the United States in ensuring Due Process Rights and Procedural Due Process and the Rights and Freedoms of Children and Parents;purpose of exemplary representation and adj udication of the constitution, bill of rights and other laws of the United States, Applicants request this Honourable Board to waive the rights of Judge D’Angelo to hear all parts of further proceedings below if in the alternative Applicants decide to reopen their Application for Asylum because of the foregoing.
other Order immediately thus, restraining the Respondent/Plaintiff and their officers, agents, servants, privies, assigns and attorneys from further taking Applicants (Ofume family) into custody or arresting, detaining or deporting or enforcing or enforcing any other Order based on any past and future decisions pending appeals or other order taken by the IJ, BIA and other courts ( see decision/order dated October 16, 2007 and January 7, 2008 of the IJ; April 9, 2009 and September 22, 2001 of the BIA and present rumored as BIA’s decision now awaited by the Applicants on their Motion for Reconsideration which Applicants intend to reopen below or appeals above.
VERIFICATION
Respectfully verified, Signed and submitted under the pains and penalties of perjury this 25th day of September 2011,
_______________________________
Dr. Phillip Chukwuma Ofume & Co.
P.O. Box 2416 Lynn, MA 01903
E-mail: limptintinc@gmail.com
CERTIFICATE OF SERVICE
I, Dr. Phillip C. Ofume, Representative/Advocate for the Applicants (Ofume family) hereby certify that I have served the foregoing Verified Emergency Motion/Memorandum of the Applicants for Stay of
Respectfully verified, Signed and submitted under the pains and penalties of perjury this 25th day of September 2011,
_______________________________
Dr. Phillip Chukwuma Ofume & Co.
P.O. Box 2416 Lynn, MA 01903
E-mail: limptintinc@gmail.com
CERTIFICATE OF SERVICE
I, Dr. Phillip C. Ofume, Representative/Advocate for the Applicants (Ofume family) hereby certify that I have served the foregoing Verified Emergency Motion/Memorandum of the Applicants for Stay of
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Civil Appeal Remand Docket No. 09-1610 } Ofume v. Govt. of America Lead Case Docket No. A097-446-370 }
Deportation/Removal/Exclusion and Waiver of Bond or Cash and Preliminary Injunction Pending receipt of BIA’s decision/judgment and Appeals upon all parties and their agents, representatives and attorneys, by two or one of the following mail system by hand delivery, certified mail, electronic mail delivery, publication, mailing by first
class/regular mail, postage prepaid to:
Director John Morton
U.S. Immigration and Customs Enforcement
500 12th St., SW
Washington, D.C. 20536
District Counsel: Frederick J. McGrath, Esq
US Department of Homeland Security - Immigration & Customs Enforcement
OFFICE OF THE CHIEF COUNSEL
JFK Federal Building, Room 425
Government Center
Boston, MA 02203
Director, Detention and Removal Office
US Department of Homeland Security - Immigration & Customs Enforcement
10 New England Executive Park
Burlington, MA 01803
(781-359-7500)
_____________________
Phillip C. Ofume, Ph.D. – Representative/Advocate for the
Applicants/Defendants
DATED: September 25, 2011
Further copies to:
President Barack H. Obama
President of the United States of America
1600 Pennsylvania Avenue, NW
Washington, DC 20500
15
class/regular mail, postage prepaid to:
Director John Morton
U.S. Immigration and Customs Enforcement
500 12th St., SW
Washington, D.C. 20536
District Counsel: Frederick J. McGrath, Esq
US Department of Homeland Security - Immigration & Customs Enforcement
OFFICE OF THE CHIEF COUNSEL
JFK Federal Building, Room 425
Government Center
Boston, MA 02203
Director, Detention and Removal Office
US Department of Homeland Security - Immigration & Customs Enforcement
10 New England Executive Park
Burlington, MA 01803
(781-359-7500)
_____________________
Phillip C. Ofume, Ph.D. – Representative/Advocate for the
Applicants/Defendants
DATED: September 25, 2011
Further copies to:
President Barack H. Obama
President of the United States of America
1600 Pennsylvania Avenue, NW
Washington, DC 20500
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Civil Appeal Remand Docket No. 09-1610 } Ofume v. Govt. of America Lead Case Docket No. A097-446-370 }
Vice- President Joseph Biden,
Washington Office:
Eisenhower Executive Office Bldg.
Washington, DC 20501
Honourable Eric H. Holder, Jr.
US Secretary of Justice and Attorney General,
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Office of the Assistant Attorney General, Main
Washington, D.C. 20530
The Chief of Immigration Judge
The Assistant Chief of Immigration Judge
OFFICE OF THE CHIEF IMMIGRATION JUDGE
5107 Leesburg Pike, Suite 2500
FALLS CHURCH,
Virginia, USA 22041
Ms. Mary Patrice Brown, Acting Counsel
Office of Professional Responsibility
950 Pennsylvania Avenue, N.W., Suite 3266
Washington, D.C. 20530
His Excellency, High Commissioner
United Nations High Commission for Refugees (UNHCR)
Headquarters,
Geneva, Switzerland
His Excellency, High Commissioner
United Nations High Commission for Human Rights (UNHCHR)
Headquarters,
Geneva, Switzerland
The Clerk of the Board
Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041
Washington Office:
Eisenhower Executive Office Bldg.
Washington, DC 20501
Honourable Eric H. Holder, Jr.
US Secretary of Justice and Attorney General,
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Office of the Assistant Attorney General, Main
Washington, D.C. 20530
The Chief of Immigration Judge
The Assistant Chief of Immigration Judge
OFFICE OF THE CHIEF IMMIGRATION JUDGE
5107 Leesburg Pike, Suite 2500
FALLS CHURCH,
Virginia, USA 22041
Ms. Mary Patrice Brown, Acting Counsel
Office of Professional Responsibility
950 Pennsylvania Avenue, N.W., Suite 3266
Washington, D.C. 20530
His Excellency, High Commissioner
United Nations High Commission for Refugees (UNHCR)
Headquarters,
Geneva, Switzerland
His Excellency, High Commissioner
United Nations High Commission for Human Rights (UNHCHR)
Headquarters,
Geneva, Switzerland
The Clerk of the Board
Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041
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