Wednesday, February 1, 2012

Bail Romero Parential Rights Retrial In MO Begins End Of Month

Carlos (Carlitos), Encarnación Bail Romero's son in 2007.

Supreme court remanded the Bail Romero case back to the lower court to correct error and illegal adoption of undocumented mother's child by U.S. couple.

By H. Nelson Goodson
February 1, 2012

Carthage, Missouri - On February 28th, the retrial of Ercanación Bail Romero, 36, parential rights is set to start. Last year in January, the Missouri Supreme Court citing "a travesty of justice" remanded the illegal adoption case involving Carlos (Carlitos), Romero's son back for a retrial in a lower court. The state supreme court reversed the decision by a lower court to end Romero's parental rights while she was incarcerated for violations of immigration laws.
Romero, an undocumented immigrant was detained and charged for identity theft and returning to the U.S. after she had been previously deported. She served two years in prison.
In 2007, Carlos, only 6-months-old was taken away from Romero and given up for adoption while she was incarcerated. She challenged and appealed the adoption with the help of an inmate after she finished her sentenced. An appeals court later decided, that Jasper County Judge David C. Dally didn't have legal authority to end the parental rights of Romero and to give her son Carlos to Seth and Melinda Moser in 2008, the Southern District Court of Appeals ruled.
Carlos was renamed Jamison by the Moser's and the child continues to live with them today as the case moves forward.
Romero never consented or allowed for her son to be put up for adoption by Jennifer and Oswaldo Velasco who were taking care of him at the time, while she was serving time for being in the country illegally. Romero had requested for Carlos to be put in a foster home until she would be released, but Judge Dally denied Romero's request and allowed the Mosers to illegally adopt Carlos.
Immigration and Customs Enforcement (ICE) acting in a humanitarian action has stayed Romero's deportation until the case gets resolved, so she can continue to fight for the return of her child, according to her Attorney Omar Riojas from Seattle.
Romero who lives in Carthage, Missouri has seen her son on occassion and briefly. Carlos is now 5-years-old and only speaks English. She has a 14 year-old son and an 9-year-old daughter in Guatemala.
Romero is confident that Carlos will be returned to her and will be allowed to return to Guatemala.

Encarnación Bail Romero July 21, 2010 appeal case at link:

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