Wednesday, September 29, 2010

Telemundo Airs Moises Mory Deportation Plight, ICE Agents Confiscated Peruvian Passport With Peru Consul Approval

Moises Mory Lamas

ICE agents confiscating Peruvian passport from Moises Mory Lamas with Peru Consul approval could end up as an international incident.

By H. Nelson Goodson
September 29, 2010

Lima, Peru - On Wednesday, Moises Mory Lamas, who was deported on September 9th from the United States of America to Lima, confirmed during an interview by Telemundo news agency that three U.S. Immigration and Customs Enforcement (ICE) agents confiscated his Peruvian passport inside the Peru Consulate in Newark, New Jersey. (Interview video link: http://bit.ly/deU3ZJ)
On August 12, three ICE agents took Peruvian citizen Mory Lamas to the Peru Consulate in Paterson, from an ICE office he was reporting as required, so Consul Alejandro Beoutis could approve his deportation. Mory Lamas alleged, Consul Beoutis told him he had to surrender his Peruvian passport to ICE, or face legal authorization for ICE to deport him anyway from the Peru government, if he wouldn't comply. He said, that afterwards ICE agents took him home and confiscated his Peruvian passport, as approved and mandated by Consul Beoutis.
A Consulate official has denied that Beoutis or the Consulate was forcing Mory Lamas to give up his Peruvian passport, but an official Peruvian Consulate Act (agreement for voluntary departure) signed by Beoutis and three ICE agents in Spanish confirms otherwise. The Mory Lamas family members alleged, Beoutis and the Consulate might have been provided certain services from the U.S. government for Beoutis cooperation, which they deemed inappropriate.
Mory Lamas is trying to meet with the Peruvian Embassador to file a complaint against Consul Beoutis and is requesting an investigation leading to an agreement by Consul Beoutis to have his Peruvian passport confiscated by ICE agents who actually don't have an official capacity or jurisdiction while at the Consulate under Peruvian law.
Peruvian Consul Beoutis, and three ICE agents were identified in the Act signatures as Juan Mezarina, Oscar Torres and James Laforge along with their official capacity under the names.
On August 23, Mory Lamas was arrested when he failed to buy an airline ticket for voluntary departure. Mory Lamas was taken to the Essex County Correctional Facility, 354 Doremus Avenue in Newark for deportation. His early deportation was video taped by ICE agents from the Essex jail to the New York Kennedy Airport, including his flight all the way to Peru. Mory Lamas was supposed to have departed on September 18, according to the Peruvian Consulate Act agreement.
John Morton, ICE Assistant Secretary and his top administrative officials and the Department of Homeland Security have been contacted via e-mail and have failed to comment or to respond on the Mory Lamas deportation case.
Mory Lamas will continue to challenge his deportation from Peru. He also says, that he was unjustly deported while he had cases pending in court and was suing ICE for not providing him with transcripts of a decision to revoke his deportation during a Board of Immigration Appeals (BIA) hearing. A page from the BIA hearing turned up missing in which the BIA decided not to remove Mory Lamas from the U.S. Mory Lamas had previously requested transcripts from other hearings and cases with ICE. Even a federal judge ordered ICE to release the documents to Mory Lamas in order for him to legally defend himself, but ICE failed to provide the documents and abide with the judges order, according to Mory Lamas.
While detained in 2008 in an Alabama detention facility, Mory Lamas at first had limited access to legal documents, a library and the internet to help prepare his case to challenge deportation. He was later transferred to New Jersey again and ICE kept his legal documents from him for numerous months in order for Mory Lamas to miss filing dates with the U.S. Supreme Court.
ICE previous actions shows that officials violated federal Judge Dennis Cavanaugh's order to provide Mory Lamas with transcripts and they intentionally withheld documents for months. The witholding of transcripts and documents from undocumented immigrants is common with ICE, in order for immigrants to miss filing dates and deadlines on BIA immigration cases, and federal court appeal cases, rendering their cases to be closed and then they would get deported (removed from the U.S.).
Reviewing the Mory Lamas deportation case will indeed reveal that ICE reluctance to timely release transcripts when legally requested by undocumented immigrants is common and in most cases illegal.
The Mory Lamas immigration case is just the tip of the ICE and fractured legal system within ICE. A lack of accountability to remedy and remove ICE officials that violate the legal rights of detainees continues to exist today.
Insight details concerning what led to the removal of Mory Lamas from New Jersey by ICE will definately show a broken immigration system and departments within it don't even respect and abide by legal procedures. Mory Lamas had a petition for amnesty, federal cases pending and a work authorization until 2011, and ICE officials allegedly disregarded them and removed Mory Lamas from the U.S.
Mory Lamas had spend at least five years in immigration detention, until he was released in early 2009. Mory Lamas was convicted of possession of drugs, a minor state offense. He pleaded no-contest in 1986, and his lawyer did not advice Mory Lamas of the consequences and possible deportation. He served 6 months in jail and was fined $30.00 for the conviction.
He began his appeal in 1999, served one year in '99 and then served four years from 2004 and was finally released in January 2009. Since then, Mory Lamas was put on an electronic device, had to report to an ICE officer at least twice a week, until he finally was granted a work permit until 2011.
Ruth Mory a U.S. Citizen, his wife had petition for Mory Lamas residency in 2004, under the 1986 amnesty Northwest Immigration Projects.
Mory Lamas had a pending habeas corpus appeal with federal Judge Dennis Cavanaugh in the district of Newark, before being deported.
Mory Lamas has a 17-year-old daughter who is a U.S Citizen.
Ruth Mory, Moises' wife is a cancer survivor, suffers from diabetes and other ailments was taken to the hospital for emotional stress and high blood pressure on Tuesday, September 7, and was released on Thursday, September 9. Family members say, Ruth is suffering from stress and her health could worsen leading to further complications, especially now that ICE deported her husband who was the principle income earner for the family.

Update: For the September 29th Telemundo Spanish interview with Moises Mory Lamas, click at video: http://bit.ly/deU3ZJ

Related article:

New Jersey US ICE Deports Moises Mory Ending 11 Year Deportation Challenge In U.S. http://bit.ly/axM7ow

Copy of official Act in Spanish by the Peru Consulate, and Consul Alejandro Beoutis in Paterson, identifying ICE agents with their signatures, concerning Moisés Roger Mory-Lamas departure from the U.S. (Click on photo to enlarge)


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