U.S. IMMIGRATION AND CUSTOM ENFORCEMENT (ICE) - U.S. DEPARTMENT OF HOMELAND SECURITY (DHS)

LEAD FILE: 97-446-370                        

                              US DEPARTMENT OF JUSTICE
                              EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
                              UNITED STATES IMMIGRATION COURT
                              JFK FEDERAL BUILDING, ROOM 320
                              BOSTON, MASSACHUSETTS 02203- 0002
________________________________________________________________
     
                                                                             IN REMOVAL
                                                                              PROCEEDINGS
In the Matter of:                

ERIC H. HOLDER, Jr.   (U.S. Hon. Secretary of Justice  & Attorney-General)      
                                                           PLAINTIFF                
                           v.
97-446-370 – OFUME, PHILLIP CHUKWUMA
96-416-429 – OFUME, MAUREEN NGOZI
96-416-430 – OFUME, KLEBER ODIMEGWU
96-416-431 - OFUME, KEYNES ONYERO
96-416-432 - OFUME, ISABELLE IFEOMA
96-416-432 – OFUME, LYNDA LAFAYETTE
96-416-434 – OFUME, BARNETT CHIDI
96-416-435 – OFUME, CHRISTIAN TOBECHUKWU
XX  XXX XXX - OFUME, GLORIA CHIYEM
                                                         DEFENDANTS (PRO SE & FORMA PAUPERIS)
________________________________________________________________________
RESPONDENTS/APPLICANTS'  MOTION  TO REOPEN APPLICATION FOR ASYLUM IN THE UNITED STATES (ATTACHED) PURSUANT TO Federal Rules of Civil Procedure 62,  5th and 14th Amendments to the U.S.  Constitution (Due Process Rights and Procedural Due Process); 8 CFR 245a.20 (c); 1st  and 4th  Amendments to  the Constitution of the United States; The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and 8 CFR 245a.20 ; 8 C.F.R. § 1003.23 (07/01/1996); INA: ACT SECTION 208; INA: ACT SECTION 241(b)(3)

  ________________________________________________________________________

VERIFIED MEMORANDUM OF FACT AND LAW IN SUPPORT OF APPLICANTS/DEFENDANTS' EMERGENCY MOTION FOR STAY OF DEPORTATION/REMOVAL OF THE APPLICANTS /DEFENDANTS AND WAIVER OF BOND OR CASH AND PRELIMINARY INJUNCTION PENDING DETERMINATION OF DEFENDANTS' MOTION TO REOPEN PURSUANT TO Federal Rules of Civil Procedure 62,  5th and 14th Amendments to the U.S.  Constitution (Due Process Rights and Procedural Due Process); 8 CFR 245a.20 (c); 1st  and 4th  Amendments to  the Constitution of the United States; The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and 8 CFR 245a.20 ; 8 C.F.R. § 1003.23 (07/01/1996); INA: ACT SECTION 208; INA: ACT SECTION 241(b)(3);  8 U.S.C.§ 1229a(c)(7) and (6) (formerly codified at 8 U.S.C. § 1229a(c)(6) and (5)).  to Single Judge The Hon. Justice  Eliza C. Klein or The Hon. Justice Paul M. Gagnon

________________________________________________________________________

A.                       JURISDICTION BASIS

1.   Verified Memorandum of fact and law in support of Emergency Motion of the Applicants/Defendants  for Stay of Deportation/Removal of the Applicants afore-listed and Waiver of Bond or Cash and Preliminary Injunction Pending Determination of Defendants' MOTION TO REOPEN Pursuant to Federal Rules of Civil Procedure 62,  5th and 14th Amendments to the U.S.  Constitution (Due Process Rights and Procedural Due Process). 100% of the submissions in support of defendants' APPLICATION FOR ASYLUM was sanctioned and on October 16, 2007 in a SECRET COURTROOM the defendants were ordered by The Hon. Judge D'Angelo not to speak on their application for asylum because he (Judge) desires to explode the time explosive which they (Judge, Clerk and administrator of the Immigration Court) planted before the final hearing date (10/16/2007) which was their sanction on the rights of the defendants to redo their BIOMETRIC TEST. The Judge, Clerk and administrator of the Immigration Court refused, neglected and failed to allow 5th and 14th Amendments to the U.S.  Constitution (Due Process Rights and Procedural Due Process) prevail and stay issuance of a simple note or phrase (BIOMETRIC IS REQUIRED IN THIS CASE) requested by the USCIS Nebraska Servicee to enable the center give defendants appointment to redo their Biometric Test.

2.    Under irate political conspiracy the Presiding Judge snactioned the rights of the Defendants to defend and speak on any part of their APPLICATION FOR ASYLUM which is made of over 110 pages and several hundreds of FACTUAL EXHIBITS. In place of this defence, the Judge converted the hearing to question of expired biometric which the Judge and others listed above made to expired and emerging sanction on defendants to prevent them from redoing the biometric test.

3.     On October 16, 2007 in place of this defence court business activity relating to final hearing of the defendants' application for asylum in safe country, the IJ imposed unrelated issue such as EXPIRED BIOMETRIC and in haste the IJ ruled with one barrel of phrase "your application for asylum is marked ABANDONED". The Judge issued several parts of heartless order such as  "I order that your children born in Canada be deported to Canada and placed in the custody of the Department of Community Service; your children born in Nigeria be deported to Nigeria and placed with nigerian authority; two parents be deported to Nigeria; one child born in the United States be placed in care and custody of the Department of Children and families (DCF)...you have 30 days to appeal my dcision."   Action of the IJ nature of  fragmentation or forcible separation of the nuclear family in  breach of the Constitution of the United States such as 1st  and 4th  Amendments was preplanned  with the intention to destroy defendants' campaign for democracy, human rights and President of Nigeria.

3.    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 are in danger and already created threatening laws that can drag goliath to the mud.


4.        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 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.



5.          If Motion for Stay is granted, there is secured ground of an overwhelming possibility that Applicants’ Motion to Reopen APPLICATON FOR ASYLUM will prevail with above 100% success point because every research and investigation inside and outside Nigeria including her diplomatic missions (special branch) have revealed that Dr. & Mrs. Ofume have received additional political felony charges and particularly Dr. Ofume has received additional treason and cessation charges and in major part pending in the Abuja Federal Court. This Court has complete jurisdiction over Applicants Motion for Stay et al and Motion to Reopen Application for Asylum and as well as official and personal jurisdictions over the applicants. In the United States the escalation of the longstanding persecution organized by their political opponents in foreign country shows the intensity of the persecution if they are deported to Nigeria or Canada not withstanding that there is new PM in Canada. In Nigeria the present government believes in littering the blood of the citizens of Nigerians particularly citizens of the NIGER DELTA REGION.

 

B.     CONTEST OF THE PRINCIPAL BACKGROUND                    

6.   This memorandum of fact and law 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 decision of the defendants' Motion to Reopen (attached). Applicants’ Motion to Reopen will prevail because it is supported with strong evidence or reasons which are summarized in nature of that on before October 16, 2007 or final trial of the Applicants’ APPLICATION FOR ASYLUM  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.


7.     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.


8.    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 and several other documents and materials and per this important disclosure, Plaintiff lost the Charge  brought against Applicants under  [212(a)(7) (A)(i)(I)] of the U.S. Immigration and Nationality Act because the defendants arrived in the United States with valid and unexpired documents which meet the standard of documents required for victims fleeing persecution under the United Nations Convention of July 28, 1951 and US standard. At level of this nightmare, 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 including granting  their APPLICATION FOR ASYLUM.



9.    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 and mounting higher and higher without lapse in Nigeria and country to country to the present time (see http://www.phillyimc.org/en/node/74902; Ofume v. George W. Bush et als - The Supreme Court of the United States;  http://groups.google.com/group/soc.org.nonprofit/browse_ thread/thread/cf9abb1be2edefa7?pli=1); H.E, The Honourable Gliele-Ahanzhanzo's UN report located at Ref. E/CN.4/2001/21 http://www.unhchr.ch/->documents->charter-based bodies->commission on human rights-> UNITED NATIONS Economic and Social Council;http://universal-fashion-art-music.blogspot.com/2012/03/america-highest-level-racial.html; etc.


10.      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 EXPIRED BIOMETRIC allegation and used this uncharged and unknown allegation to brand Applicants’ Application for Asylum as being  “ABANDONED” case without any tardiness and absent throughout the lifeline of the hearing which was November 16, 2005 through October 16, 2007.


11.  Defendants' Application for Asylum is made to save LEAD DEFENDANTS Dr. & Mrs. Ofume from being put on treason and several other political felony trials in Nigeria which will earn them nothing less than death sentence by public firing squad, hanging and rarely citizens of the NIGER DELTA REGION who are aspiring to the President, governor and other high elective or appointment offices in Nigeria get LIFE IN PRISON. Under this secret plan citizens of this region and their allies aspiring or suspected to be biding for these offices in the future without the support of the foreign and domestic oil/gas companies, government of Nigeria and their domestic and foreign allies are secretly and overtly condemned to death. see http://www.celebratekudiratabiola.info/testimonials.gani.php  (Wife - murdered );  http://www.nigerdeltacongress.com/darticles/diplomacy_of_rice_and_tea.htm (husband - murdered & elected President of Nigeria, June 12, 1993); http://saharareporters.com/report/drivers-account-how-delta-state-gubernatorial-aspirant-ogbe-onokpite-was-extra-judicially-mur   ; http://www.phillyimc.org/en/event/niger-delta-region-murder-chief-ogbe-onokpite-occupy-niger-delta-calls-self-rule



12.   Restating that 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.    Apart from the conduct of Judge D’Angelo of preventing Applicants from defending their Application for Asylum on October 16, 2007 and personally charging them under expired biometric which was not part of the charge brought against them under [212(a)(7) (A)(i)(I)] of the U.S. Immigration and Nationality Act ; also Attorney Fernando who deserted a law office in Quincy, MA and resigned from Applicants’ case after the hearing on January 25, 2006 before Judge Eliza Klein was secretly retained by Judge D’Angelo. Information revealed that Attorney Fernando relocated to Florida. Secretly, Judge D’Angelo heard Applicants’ case several times (01/26/2006 – 9/7/2006) in secret courtrooms in Massachusetts and Florida without NOTICE TO APPEAR issued on the Applicants.

14.   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.


 C.                       CONDITIONS IN NIGERIA AND CANADA

15.    Immigration Court Judge and BIA did not consider the mounting and deadly political conditions in Nigeria and Canada and they care for oil/gas money and careless about the citizwns of the NIGER DELTA REGION (see Government of Nigeria v. Dick Cheney et al  Lead Applicant, Dr. Phillip Chukwuma Ofume is a major leader of Nigerian political and civil rights 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 fake 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 and rule the courts.

16.    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.


17.   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 his and family's escape into west Africa subregion. 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, Canadian government assigned known covert operatives to organize several meetings with lead Applicants but couple of meetings 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 from the airplane  into the Atlantic Ocean to conclude assassination of Dr. Ofume without stitches.

D.                      WHY STAY OF DEPORTATION IS INEVITABLE

17.     Ken Saro Wiwa and 8 Ogonis were hanged because frivolous allegation of participating 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 of the NIGER DELTA REGION and  would lead Applicants to face double death sentences in Nigeria, namely previous treason charges and recent charges reliant on 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. Effective late 2011 when Dr. Ofume was requested to be the Administrator of the MOVEMENT FOR THE EMANCIPATION OF THE NIGER DELTA (MEND) another anger ensued and there is suspicion that nore dreadful charges may have been added to the previous political felony charges.


18.       Dr. Ofume,  in collaboration with other scholars, they 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.

             
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 deportation order negligent of the 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 issued) 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 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.

E.     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.




F.       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 theUnited Nations High Commission for Refugees (UNHCR) and Amnesty International (Int. Secretariat, London UK) and Asylees in the United States. Dr. Ofume and his family are in US for safety 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 Immigration Court, Boston MA and BIA. A good example of the cruelty and failure of justice below and above, is the case of one of the Applicants/ Appellants, 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 and 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 US Court of Appeals for the First Circuit  to return and reunite Kleber with his parents and siblings but denied with reason that the instant court has resigned because Applicants' is on remand whereas the Motion is unconnected with the substantive case.



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, Appellee/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 possible. 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 were more visible two elder children or Kleber/Keynes Ofume. 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 and deported on the day March 10, 2009 set for his bail hearing  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 and US Convention Against Torture.


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 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.


 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; Biometric Test on January 6. 2012; 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 Dr. Ofume and his family is one child pay from one child's Unemployment Assistance of   $284.00/week.


31.   Bond and cash cannot be argued or presented as impediment 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  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 and  agencies.



G.       APPLICANT/APPELLANT IS EXEMPLARY LAW ABIDING CITIZENS AND/OR ROLE MODEL TO 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 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.

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/#pq=limpt%2C+inc+v.&hl=en%20&sugexp=kjrmc&cp=28&gs_id=3i&xhr=t&q=LIMPT%2C+%20INC.+V.+UNITED+STATES&pf=p&sclient=psy-ab&source=hp&pbx=1&oq=LIMPT,+INC.+V.%20+UNITED+STATES&aq=f&aqi=&aql=&gs_sm=&gs_upl=%20&fp=1&biw=1366&bih=667&bav=on.2,or.r_gc.r_pw.,cf.osb&cad=b    HIT TODAY (3/24/2012): 1.4 Billion


 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 opposed by the parents teachers association and departments of education because LIMPT, INC. will cut large part of the monies 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.




H.                 PRELIMINARY INJUNCTION


36.        United States courts and other courts even beyond may agree in their majority that Injunction must not be confused with unnecessary submissions.



37.    They agreed that seekers of preliminary injunction must meet a four-prong test and specifically, seekers of PRELIMINARY INJUNCTION must establish:



a.           A  Four-prong 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). AND Order of the Judge fatally breached 1st  and 4th  Amendments to  the Constitution of the United States; The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment . All administrative records which are over 2000 pages failed to show where Applicants defended and spoke on their application for asylum and show 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 in accordance with 5th and 14th Amendments of the Constitution of the United States and law body stated above in this para.





 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 system, 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 and also Applicants redid their biometric Test on January 6, 2012 no crime was traceable to them. 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, therefore how would biometric test which is a minor crime detector be very important to override a serious application for asylum which is life saving application or to save the lives of applicants from political death sentences and death by hanging in Nigeria which await them 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, irreparable to the extent that no remedy at law. 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 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 politics in the nuclear and extended family system;




(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 Appellants are  good example of excellent parents, children and family in America and world in general. Appellants’  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.


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






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 order of the Hon. Matthew D'Angelo dated October 16, 2007 without trial or hearing and granting Applicants rights;


Applicants request emergency Temporary Stay of deportation or Restraining and 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);


Waive Order of U.S. Immigration Court 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;


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 remanded or 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 appeal above.



Respectfully verified, Signed and submitted under the pains and
penalties of perjury this 24th   day of April 2012,



_______________________________
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 ofDeportation/Removal/Exclusion  and Waiver of Bond or Cash and Preliminary Injunction Pending Applicants' MOTION TO REOPEN APPLICATION FOR ASYLUM 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:   April 24, 2012


Further copies to:

President Barack H. Obama
President of the United States of America
1600 Pennsylvania Avenue, NW
Washington, DC 20500

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

ETC