Hawaii’s aldermanic appointment is aing the action to stop the displacement of a admired Kona coffee farmer.
Andres Magana Ortiz came to the United States illegally about 30 years ago, and has three accouchement who were built-in in the U.S.
For the accomplished decade, he has endemic his own business, allowance to advance 140 acreage of coffee farms in Kona.
Magana Ortiz had been aggravating for added than a year to obtain accustomed cachet on the base of his wife’s and children’s citizenship, but on March 21, the government ordered him to address for removal and again requests for a breach were denied.
In a letter to U.S. Department of Homeland Aegis Secretary John Kelly Monday, Sens. Brian Schatz and Mazie Hirono and Reps. Tulsi Gabbard and Colleen Hanabusa asked that the accommodation be reversed. The secretary has the ascendancy to affair a breach that would stop the deportation.
If Magana Ortiz is deported, he will not be accustomed to appear aback to the U.S. for 10 years.
He is appointed to address to the Office of Homeland Aegis in Honolulu aing anniversary Thursday.
We are autograph to appeal that your Department exercise its prosecutorial acumen and amend the appeal for a breach of abatement for Mr. Andres Magana Ortiz of Kailua-Kona, Hawaii. We accept the accurate affairs of Mr. Magana Ortiz’ case claim the amazing admission of a stay. Mr. Magana Ortiz is currently in the action of adjusting to accustomed cachet on the base of his wife’s citizenship. In added words, he is aggravating to do the appropriate thing. Mr. Magana Ortiz is an ethical affiliate of our association and does not accord in the class of alarming individuals who should be prioritized for deportation. In fact, during his clearing proceedings, the government itself conceded that Mr. Magana Ortiz possesses acceptable moral character.
We accede that bodies that affectation a blackmail to civic aegis and accessible assurance should be a antecedence for displacement proceedings. However, Mr. Magana Ortiz poses no such blackmail to civic aegis or accessible assurance and accordingly should not be a antecedence for removal. Rather, it is in our civic absorption for Mr. Magana Ortiz to abide in the United States area he can abide to work, pay taxes, and accession his family.
The Department has the ascendancy beneath 8 CFR 241.6 to affair an authoritative breach of removal—essentially, to adjudge whether to accumulate families calm or breach them apart—and in 2014 Mr. Magana Ortiz accustomed a stay. At that time, apparently the Department begin his arguments acute and constant with federal law, which has not changed. He filed consecutive stays, one of which was not acted aloft by the Department, and accession that was denied in March of this year. As a aftereffect of this denial, Mr. Magana Ortiz accustomed a Final Order of Abatement and has been ordered to address to ICE for displacement on Thursday, June 8, 2017.
The Department’s best contempo abnegation wastes the government’s time and assets on affairs for an alone who poses no blackmail to our nation, while a alongside proceeding that could dness the affair charcoal open. In 2015, Mr. Magana Ortiz’s wife filed an I-130 Relative Address for Alien Relative. According to the District Court’s record, this address was filed in September of 2015 but cancellation had not been accustomed by the Department until March 29, 2016. Given that this access is still accessible and changing and has taken what appears to be an abnormally continued time, we abort to see the amount in the Department’s advancing access to Mr. Magana Ortiz’s deportation.
In his acknowledging assessment to the abnegation of the motion, Judge Stephen Reinhardt acclaimed that Mr. Magana Ortiz entered the United States from Mexico in 1989, at the age of fifteen, and has back congenital a house, started his own business, paid taxes, affiliated a U.S. citizen, and had three U.S. aborigine children. He wrote that Mr. Magana Ortiz is by all accounts “a colonnade of his association and a adherent ancestor and husband.” Judge Reinhardt added declared that displacement would bankrupt Mr. Magana Ortiz’ accouchement of a ancestor and antecedent of banking support, and possibly of a home and an befalling for education, unless they chase him to Mexico, a country area they accept never lived, and area they do not allege the language.
The Department has the ability to accumulate this ancestors together, or to breach them apart. Given the burning attributes of Mr. Magana Ortiz’ situation, we appeal that you exercise prosecutorial acumen by acceding a breach of relief. In addition, we ask that you accelerate analysis of his wife’s I-130 petition.
Thank you for your alert application of this request.
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