Monday, April 23, 2012

URBAN SCHOOL IN MASSACHUSETTS (BROCKTON HIGH SCHOOL): DISTRICT, COUNTY, STATE AND FEDERAL POVERTY LEVEL STUDENTS CAN NOT DO AP EXAMINATION BECAUSE THEY CAN NOT PAY $60.00 - Re. Ms. Isabelle Ifeoma Ofume, Grade 12 and several other poor students

Sunday, April 15, 2012

NIGERIA : DEMOCRACY 1999 - PRESENT, EXECUTIVES WITHOUT JUDICIARY AND WITH VACUUM OF CHECK AND BALANCE

Saturday, April 14, 2012

PLAINTIFF (SELF AND ON BEHALF HIS FIVE CHILDREN), PHILLIP OFUME'S VERIFIED EMERGENCY MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT

CIVIL ACTION NO. 11-1260  - OFUME V. HPD
               COMMONWEALTH OF MASSACHUSETTS 
 Plymouth, ss. 

                              SUPERIOR COURT DEPARTMENT
                                OF THE TRIAL COURT 
                                CIVIL ACTION NO. 11-1260
________________________________________________________________________

Phillip Ofume (self and on behalf  his family)
               Plaintiff (Pro se & Forma Pauperis)
                       v.
Holyoke Police Department ________________________________________________________________________
PLAINTIFF (SELF AND ON BEHALF HIS FIVE CHILDREN), PHILLIP OFUME'S  VERIFIED EMERGENCY MOTION AND MEMORANDUM FOR SUMMARY JUDGMENT      ________________________________________________________________________


A.                               STATEMENT OF MOTION
Now comes the Plaintif, Phillip Ofume (self and on behalf his Five Children) and respectfully moves for Summary Judgment because on January 31, 2011 Defendant , Holyoke Police Officers and Holyoke Police Department unlawfully, maliciously, cruelly  and  falsely arrested, handcuffed (harshly twisted and dislocated his hand without resisting arrest and without talking to the police officers) detained, paraded lead Plaintiff (Dr. Phillip Chukwuma Ofume) before the public on handcuff, charged and prosecuted him of CRIME OF TRESPASS into apartment and premises which lie situate at  177 Sargeant Street (B) Holyoke, MA 01040  thus CRIME which Plaintiff did not commit  and that this  apartment was granted (EXHIBIT A) Plaintiff and his family on September 3, 2010 by the Commonwealth of Massachusetts Department of Housing and Community Service (DHCD) and that after some court appearances to answer this falsified criminal charge to get several million dollars from the oil/gas companies of Nigeria to disrupt Plaintiff's bid for the President of Nigeria on April 20, 2011 , the Commonwealth of Massachusetts filed NO CONTEST MOTION and Plaintiff was discharged and acquitted and Defendant's charge was dismissed by the Hampden County District Court (Holyoke Session) on March 29, 2011, and the action of the Defendants caused Plaintiff and other parent and children
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD
pains, stereotype, loss of self-esteem, physical and psychological tortures, loss of several millions of political supporters inside and outside Nigeria, a  devastating shame and embarrassment and as result five children were also paraded before students, school authorities and mass public and forcibly removed by defendant and others (HPD,Sheriff of Hampden County, DCF, Karen Giard amd  Ann Morales) and given to cruel strangers who mistreated them, starved them, forced them to do indentured hard labour, loss of education and grades, etc. 
  
 In further support of this Verified Motion, Plaintiff relies on his Verified Memorandum of Law, Evidence,  and fact, etc.

                        MEMORANDUM OF FACT, EVIDENCE AND LAW

B.                         BACKGROUND AND PROOF OF EVIDENCE

1.             Summary Judgment be allowed because of the fact and evidence below and that service of summons was made on Defendant without opposition and Hampden County Sheriff's Proof or Certificate of Service is hereto attached and incorporated and marked EXHIBIT B. Plaintiff's Complaint (EXHIBIT C) be granted in full because  per  EXHIBIT "A"  CRIME OF TRESPASS into apartment and premises which lie situate at  177 Sargeant Street (B) Holyoke, MA 01040 is CRIME which Plaintiff and his family or five children did not commit because this  apartment was granted (EXHIBIT A) Plaintiff and his family on September 3, 2010 by the Commonwealth of Massachusetts Department of Housing and Community Service (DHCD).

2.     That under this falsified and politicized allegation, on January 31, 2011 Defendant , Holyoke Police Officers and Holyoke Police Department unlawfully, maliciously, cruelly  and  falsely arrested, handcuffed (harshly twisted and dislocated his hand without resisting arrest and without talking to the police officers) detained, paraded lead Plaintiff (Dr. Phillip Chukwuma Ofume) before the public on handcuff, charged and prosecuted him of CRIME OF TRESPASS into apartment and premises which lie situate at  177 Sargeant Street (B) Holyoke, MA 01040  thus CRIME and  Plaintiff restates that this crime which they(Plaintiff and family) did not commit because the allegation was created to make Plaintiff and his allies loss the Nigeria Presidential Election held on April 20, 2011. Defendant's action dismantled Plaintiff's national and
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD
international campaign systems and disorganized Plaintiff and his entire family. 
3.       Plaintiff was prosecuted in the Hampden County District Court (Holyoke Session) and  after some court appearances to answer this falsified criminal charge, the Commonwealth of Massachusetts filed NO CONTEST MOTION and Plaintiff was discharged and acquitted and Defendant's charge was dismissed by The Honourable Justice presiding in the Hampden County District Court (Holyoke Session) on March 29, 2011.

4.      Plaintiff's Complaint be granted in full  because EXHIBITS A, B and C are undisputed factual evidence  and the action of the Defendants caused Plaintiff and other parent and children pains, stereotype, loss of self-esteem, physical and psychological tortures, loss of several millions of political supporters inside and outside Nigeria, a  devastating shame and embarrassment and as result five children were also paraded before students, school authorities and mass public and forcibly removed by defendant and others (HPD, Sheriff of Hampden County, DCF, Karen Giard amd  Ann Morales) and given to cruel strangers who mistreated them, starved them, forced them to do indentured hard labour, loss of education and grades, used the dog that is taller than them as bully and harassment agent, etc. etc. etc.

5.     Upon hearing of this Motion, Plaintiff consent to,  for The Presiding Honourable Justice of this Court to allow the testmony of these five children on what they suffered in the hands of the defendant and other defendants such as Sheriff of Hampden County,  DCF, Karen Giard amd  Ann Morales before this Court, and further allow national and international media and NGOs, observers of the  United Nations  High Commission for Human Rights (UNHCR), etc.

6.   In further support of this Motion, Plaintiff requests this Court to see paragraphs 9 through 33 and conclusion and relief of the Plaintiff Complaint (EXHIBIT C).

C.                            UNDISPUTED FACT
For the purposes of this motion, the following facts are undisputed:

7.                Service of summons of Plaintiff's Complaint was made on Defendant (HPD) without
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD
opposition and Hampden County Sheriff made the service and mailed of Proof or Certificate of Service to Plaintiff and this Court and  is hereto attached and marked EXHIBIT B and Plaintiff's Complaint is attached and marked EXHIBIT C. Without opposition means that Defendant is not any dispute with Plaintiff and five children's Complaint and must be granted in full under the apportionment of general and special damages stated below.

8.      Plaintiff and his family did not trespass the   apartment located  at 177 Sargeant Street (B) Holyoke, MA 01040, which was the scene of the Defendant (HPD's) and other defendants’ action on January 31, 2011. The apartment was granted Plaintiffs and their family by the Massachusetts Department of Housing and Community Development (DHCD) on September 03, 2010 under Family Shelter Program hosted by the Division of Housing Stabilization and Self-sufficiency pursuant to ,106 CMR 309.040(C), and  M.G.L. c. 18 section 2 and the amortization period was September 3, 2010 through September 3, 2011. Horribly Plaintiff restates that HPD handcuffed and dislocated lead Plaintiff’s hand when Plaintiff was not resisting arrest and other order issued by politically energized angry and irate  police officers. After couple of hearing the Commonwealth of Massachusetts filed NO CONTEST and Plaintiff was discharged and acquitted. 

9.   In addition to foregoing, Defendant accept or unoppose to Plaintiff's Complaint particularly paragraphs 9 through 33 and conclusion and relief of the Plaintiff Complaint (EXHIBIT C) to be granted in full.

10.    Defendants found that Plaintiff prepared for direct and indirect campaign to do two things such as question the dictatorial conduct of the incumbent and form coalition with several presidential candidates but action of the defendant deformed and discredited his registration  with INEC on first part and harm his supporters and support for allies on second part. When Plaintiff was arrested, detained, charged, seized majority of his campaign materials and be prosecuted, the record of the Defendant showed that Plaintiff was criminal and unfit to run for the President of Nigeria and that he is not competent to give credible reference to his allies who were also presidential bidders.

11.    That Defendants have unlawfully, maliciously, cruelly, and falsely  arrested, detained, handcuffed , charged and prosecuted Plaintiff and also  paraded Plaintiff s (parent and children)
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD
before the public and that these actions violate  Fourth Amendment to the U.S. Constitution via the Bill of Rights specifically in-Malcom Affair (Writ of Assistance); Third Amendment to the United States Constitution via the Bill of Rights specifically reliant on Right to Privacy (see Grisworld v. Connecticut 381 U.S. 479 (1965); First Amendment to the U.S. Constitution via Protection Against Libel, Defamatory Statement, BIVENS v. SIX UNKNOWN FED. NARCOTICS AGENTS, 403 U.S. 388 (1971), etc

12.   In all the court and administrative agency documents (EXHIBITS C, E, F, G, H  I, etc). served on Defendant (HPD) and other defendants there is no part which claimed that Plaintiff and his family TRESPASSED into the apartment located at 177 Sargeant Street (B) Holyoke, MA 01040.

D.                ISSUE & BRIEF ANALYSIS
Whether Sherriff Officers of Hampden County and Holyoke Police Department erred to carry out purported forcible and extra-judicial removal of Plaintiff and his family on January 31, 2011 of unknown, unreceived and unmade court and administrative decisions particularly the decision made by the Judge of the Hampden Superior Court (Springfield Session) on Thursday January 27, 2011 and mailed to Plaintiff on Friday January 28, 2011 and with pending and undecided Mation for Stay of Execution/Possession, Notice of Appeal to Mass Court of Appeals and Motion for Reconsideration before  the Hampden Superior Court (Springfield Session). All these Court and Administrative Agency documents were served on Chief of Holyoke Police Department and Chief of Sheriff of Hampden County and other defendants by electronic mail, hand delivery, etc with PROOF OF SERVICE. These documents are herewith attached and marked EXHIBITS E, F, G, H and I.

Whether Plaintiff and his family trespassed into the apartment and premises which lie situate at  177 Sargeant Street (B) Holyoke, MA 01040 and committed CRIME OF TRESPASS. On September 3, 2010  the Massachusetts Department of Housing and Community Development (DHCD) granted Plaintiff and his family this apartment. See EXHIBIT A which is letter of DHCD granting Plaintiff and his family the apartment located at 177 Sargeant Street (B) Holyoke, MA 01040.
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD
Whether Defendant erred when prior to January 31, 2011 Defendant's Chief and Director of Professional Standards received  information relating to Plaintiff and family occupancy of the disputed apartment located at  177 Sargeant Street (B) Holyoke, MA 01040 and proceeded to arrest, detain, handcuff , charge and prosecute Plaintiff for the CRIME OF TRESPASS.

Whether Defendant's Chief and Director of Professional Standards erred  when they had copies of the pending and undecided cases and particularly ignored the proceedings pending before Commonwealth of Massachusetts administrative agency, Hampden Superior Court, Springfield Session and Massachusetts Court of Appeals and used force without valid Court Order to remove Plaintiff and his family and cause them irreparable damages and harm. In all the court documents served on Defendant (HPD) and other defendants there is no part which claimed that Plaintiff and his family TRESPASSED into the apartment located at 177 Sargeant Street (B) Holyoke, MA 01040.

E.                        ARGUMENT
Plaintiff argues that if  in all the court and administrative agency documents (EXHIBITS C, E, F, G, H  I, etc) served on Defendant (HPD) and other defendants there is no part which claimed that Plaintiff and his family TRESPASSED into the apartment located at 177 Sargeant Street (B) Holyoke, MA 01040, therefore action of the Defendant on January 31, 2011 is unlawful and politically manoevred to impede Plaintiff Presidential Campaign for the President of Nigeria on April 2011.

EXHIBIT C which Plaintiff's Complaint was  served on the Defendant since on December 23, 2011 but it failed to oppose the Complaint which maybe seen as no contest position in this case. This delay has created further obstruction to get justice in this case and the damage done on the Plaintiff and his family has been active and Defendant and other refused to expunged the damage which has damaged the reputation of the Plaintiff and his family inside and outside the United States.

Defendant accept EXHIBITS A, B. C, E, F, G, H  I, etc and Defendant did not oppose Plaintiff's Complaint particularly paragraphs 9 through 33 and conclusion and relief of
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD
the Plaintiff Complaint (EXHIBIT C) and must be granted in full as stated above and must expunge all the dirty elements scattered here and there which have deeply destroyed the professional, social, economic, cultural, political, ethnic, racial, religion and academic reputations of the Plaintiff and his family inside and outside the United States pursuant to M.G.L. Part 1 Title II Chapter 6 Section 167: “Criminal justice agencies”, those agencies at all levels of government which perform as their principal function, activities relating to (a) crime prevention, including research or the sponsorship of research; (b) the apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal offenders; or (c) the collection, storage, dissemination or usage of criminal offender record information..

On September 3, 2010 Plaintiffs and their family were granted the family shelter located at 177 Sargeant Street (B) Holyoke, MA 01040 and they were required to leave there up to September 2011. During this program, under M.G.L. c. 18 section 2,  Housing Stabilization and Self-sufficiency plan, Plaintiffs and their family will engage themselves in employment and permanent housing searches. Swiftly upon sheltered, few days latter under this plan, two members of the family (mother and one minor son) got job in Lynn, MA. Plaintiff and his family met the target of Housing Stabilization and Self-sufficiency plan less than four days of being sheltered. This a very important achievement but because the life of the homeless people is commercialized the progress of the Plaintiff and his family angered the vendor or Karen Giard and NEFWC who were hired by the Massachusetts Department of Housing and Community Development (DHCD) and they jumped the administrative Regulations and alone Vendor proceeded to extra-judicially to evict Plaintiff without respect for the operating judicial system and/or procedural due process and due process rights of the Plaintiff and his family including M.G.L. c. 23B, section 30; 106 CMR. s. 309.010 309.020 309.021 309.030 309.039 309.040 309.047 309.050; Section 8 U.S. Housing Voucher Reform Act Applicants/Defendants and finally focused on EA families' best interest ( 106 CMR 309.070 (A),106 CMR 309.040(C), M.G.L. c. 18 section 2,  Housing Stabilization and Self-sufficiency plan.

Plaintiff put Defendant (HPD) on notice on the step by step activities of the illegal eviction proceedings and because some people are above the law in the United States, Defendants and others ignored cases pending in Court and administrative agency branch and forcibly removed Plaintiff and his family. This case between Blacks (Plaintiff and his family) and Whites (extreme majority of the defendants).
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD
Several courts and Americans object that some people are above the law in the United States. In the national rallies against the execution of Trayvon Martin v.  George Zimmerman (Florida, 02/26/2012) and several others some of the operating police systems in the United States think that are on uniform and give outfit gives leverage neglecting their democratic policing duty under their oath of office.  On January 31, 2011 the Defendant, Holyoke Police Department (HPD) feel on top of the world  and conquered all laws and unlawfully, maliciously, cruelly, and falsely  arrested, detained, handcuffed , branded Plaintiff TRESPASSER, charged and prosecuted Plaintiff and also  paraded Plaintiff s (parent and children) before the public and that these actions without knowledge that its action violate  Fourth Amendment to the U.S. Constitution via the Bill of Rights specifically in-Malcom Affair (Writ of Assistance); Third Amendment to the United States Constitution via the Bill of Rights specifically reliant on Right to Privacy (see Grisworld v. Connecticut 381 U.S. 479 (1965); First Amendment to the U.S. Constitution via Protection Against Libel, Defamatory Statement, BIVENS v. SIX UNKNOWN FED. NARCOTICS AGENTS, 403 U.S. 388 (1971), etc

Reason of the foregoing, Plaintiffs further allege  that action of the Defendants violates, Fourth Amendment to the U.S. Constitution via the Bill of  Rights specifically in-Malcom Affair (Writ of Assistance); Third  Amendment to the United States Constitution via the Bill of Rights  specifically reliant on Right to Privacy (see Grisworld v. Connecticut  381 U.S. 479 (1965); First Amendment to the U.S. Constitution and via Protection Against Libel, Defamatory Statement, BIVENS v. SIX UNKNOWN FED. NARCOTICS AGENTS, 403 U.S. 388 (1971).

 Shortlist of  related caselaws of the violations directed against innocent people (including Plaintiff by the law enforcement officers are,  Warney v. State of New York, #35, 2011 N.Y. Lexis 502 (NY); Manzanares v. City of Albuquerque, #10-2011, 2010 U.S. App. Lexis 25621 (10th Cir.); Dunn v. City of Chicago, #04-CV-6804, U.S. Dist. Ct. (N.D. Ill. May, 2010); Hopkins v. Vaughn, #08-2727, 2010 U.S. App. Lexis 2121 (Unpub. 3rd Cir.); Klaucke v. Daly, #09-1222, 2010 U.S. App. Lexis 2633 (1st Cir.); Gonzales v. Duran, #08-2184 590 F.3d 855 (10th Cir. 2009);  Golla v. City of Bossier City, #06-2298, 2009 U.S. Dist. Lexis 116863 (W.D. La.); Swanigan v. Trotter, #07-C-4749, 2009 U.S. Dist. Lexis 68395 (N.D. Ill.); Saenz v. Lucas, 07 Civ. 10534, 2008 U.S. Dist. Lexis 69571 (S.D.N.Y.);Kar v. Donald Rumsfeld, Civil Action No. 07-0984, 2008 U.S. Dist. Lexis 73974 (D.D.C.); Odd v. Malone, No. 06-4287, 2008 U.S. App. Lexis 16466 (3rd Cir.); Dorsey v. Barber, No. 05-4235, 2008 U.S. App. Lexis 3650 (6th Cir.); Holloway v. Vargas, No. 06-4138, 2008 U.S. Dist. Lexis 9672 (D. Kan.); Bell-Hayes v.
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD
Dewitt, No. 06-1683, 2008 U.S. App. Lexis 3125 (4th Cir.); Mora v. City of Gaithersburg, No. 06-2158, 2008 U.S. App. Lexis 4561 (4th Cir.); Simon v. Cook, No. 06-6514, 2008 U.S. App. Lexis 2381 (6th Cir.); Williams v. Leatherwood, No. 06-6322, 2007 U.S. App. Lexis 30056 (6th Cir.); Gilles v. Repicky, No. 06-1272, 2007 U.S. App. Lexis 29520 (2nd Cir.); Flores v. J.C. Penney Corp., No. 06-55570, 2007 U.S. App. Lexis 28039 (9th Cir.); Russo v. City of Bridgeport, No. 05-4302, 2007 U.S. App. Lexis 4428 (2nd Cir.).[N/R];  Alphabet v. City of Cleveland, No. 1:05 CV 1792, 2006 U.S. Dist. Lexis 83489 (N.D. Ohio). [N/R]; Lopez v. City of Chicago, No. 05-1877, 464 F.3d 711 (7th Cir. 2006). [N/R; Kendricks v. Rehfield, No. 256693, 716 N.W.2d 623 (Mich. App. 2006). [N/R]; Smith v. Eggbrecht, No. 04-5302, 414 F. Supp. 2d 882 (W.D. Ark. 2005). [N/R];  Stepnes v. Hennepin County, No. 05-2059, 153 Fed. Appx. 410 (8th Cir. 2005). [N/R] ; Paulemond v. City of New York, 812 N.Y.S.2d (Sup. App. Term 2006). [N/R]; Thurman v. Village of Homewood, No. 05-2940, 2006 U.S. App. Lexis 10881 (7th Cir.). [2006 LR Jun]; Mitchell v. Boelcke, No. 04-2219, 2006 U.S. App. Lexis 5120 (6th Cir.). [2006 LR Apr]; Cortez v. McCauley, No. 04-2062 2006 U.S. App. Lexis 3270 (10th Cir.). [2006 LR Apr];Dunn v. City of Chicago, No. 04-C-6804, 231 F.R.D. 367 (N.D. Ill. 2005). [N/R]; etc.

F.                                       CONCLUSION

THEREFORE, summary judgment should be granted where there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Community National Bank v.Dawes, 369 Mass. 550, 553 (1976); Mass. R. Civ. P. 56c. The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, and that the moving party is entitled to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989). In direct and indirect computation of the general and special damages sought by the Plaintiff and his children in their  Complaint, they requested damages of the sum amount of $500million (FIVE HUNDRED MILLION DOLLARS), and because the Defendant (HPD) is the lead and major defendant, Plaintiff and his children has limited the going Motion for Summary Judgment to HPD and that the HPD should pay to them  in full and immediately the sum of $200Million (TWO HUNDRED MILLION US DOLLARS).

G.                                         RELIEF
Reason of the foregoing the Plaintiff and his children request this Court to grant their Motion and other relief the Court deems fit.
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CIVIL ACTION NO. 11-1260  - OFUME V. HPD

                                  VERIFICATION OF COMPLAINT


I, Dr. Phillip Ofume, Plaintiff, one of the parents and representative of the Ofume family hereby respectfully verify, sign and submit the foregoing  Complaint and/or that the foregoing facts and evidence are true and correct under the pains and penalties of perjury.

_______________________
Dr. Phillip C. Ofume & Co.
506 Warren Avenue Apt.#2                                                                                                                    Brockton. MA 02301                                                                                                                                                
Tel. (781) 479-9027,                                                                                                                                              E-mail: limptintinc@gamail.com

                                                 
To:
Clerk/Magistrate of the Court                                                                                                                                   (Civil Sessions)
Plymouth County Superior Court
72 Belmont St.
Brockton, MA 02301
                                                           
Contact information and other particulars of the Defendant: 

Massachusetts Department of Housing and Community Development                                                             c/o The Honourable Secretary of Justice and Attorney-General of
the commonwealth of Massachusetts
Department of Justice (Litigation)
One Ashburton Place
Boston, MA 02108 -1518
Phone: 
(617) 727-2200 


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 ACTION NO. 11-1260  - OFUME V. HPD

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

                                                                    
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AMERICA: NEW HOLOCAUSTS OF BLACKS, ASIANS AND INDIANS