MEDIA UPDATE:
ICE REFUSES TO RELEASE AMOS YEE DESPITE GRANT OF ASYLUM BY THE IMMIGRATION JUDGE
On March 27, 2017, Officers at Immigration and Customs Enforcement (ICE), Chicago Field Office informed Grossman Law, LLC that Amos Yee will remain in detention despite the Honorable Immigration Judge’s asylum grant on March 24, 2017. Yee has been detained since December 17, 2016.
When ICE officers first detained Yee, they stated he would be released on parole and that ICE had no interest in keeping Yee detained for the pendency of his proceedings. Then, after release of the new Administration’s Executive Orders, ICE informed Grossman Law that they would not release Yee. Subsequently, after Yee’s merits hearing, ICE moved him to another detention facility without informing counsel about the transfer. Now, ICE officers are basing the decision to keep Yee detained on a potential, but not yet filed, appeal by the Department of Homeland Security.
Grossman Law has learned from the Assistant Field Office Director for ICE’s Chicago Field Office that “…detained aliens who are granted relief remain in custody during the pendency of an ICE appeal, except in extraordinary circumstances.” Additionally, Amos Yee informed us via telephone that other individuals he has met at the Dodge County facility, remain in detention despite a grant of asylum. The decision to deny Yee his freedom is not limited just to him, but to many others.
ICE’s decision to continue to detain individuals granted asylum, especially when there are no security concerns, brings up serious questions about this country’s compliance with basic principles of international law regarding the treatment of asylees. There is no provision under the Immigration and Nationality Act, or under any Presidential Executive Order, that justifies the continued detention of an individual who has been granted asylum and is deemed to be a refugee. The supposed pendency of the Department’s appeal is immaterial; Yee should have been released immediately after he was granted asylum.
As the American Immigration Lawyers Association notes:
“America’s immigration detention practices undermine the fundamental principles of due process and fairness, and require immediate systemic reform. Annually, the Department of Homeland Security (DHS) unnecessarily detains more than 400,000 people, including asylum seekers and other extremely vulnerable immigrants. Many detainees are held for prolonged periods despite the fact that they have strong ties to the United States and pose no threat to public safety.
Detention is extremely expensive, costing American taxpayers $2 billion per year. Proven alternatives to detention, by contrast, cost between 17 cents and $17 per day. Detention should be a last resort, used only when other means of supervision are not feasible, and only after a truly individualized assessment of someone’s public safety and flight risk.”
Grossman Law, LLC is renewing a request to release Yee on humanitarian parole and is exploring all other viable legal options.
For further Media inquiries on this case please contact:
ICE – Chicago Field Office: 312-347-2168
Melissa Chen – Movements
Email: mchen@movements.org
Cell: 857-285-0975
The American Immigration Lawyers Association can be reached at:
George Paul Tzamaras
AILA Senior Director, Strategic Communications and Outreach
202.507.7649
GTzamaras@aila.org
Grossman Law, LLC
4922 Fairmont Avenue, Suite 200
Bethesda, Maryland 20814
Phone: (240) 403-0913
Website: www.GrossmanLawLLC.comAmos
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Sadly, notwithstanding the equities here, my recollection of the “black letter law” is that the Immigration Judge’s order is not “final” during the appeal period unless appeal is immediately waived. If either party files an appeal, the order does not become final while the appeal is pending. In other words, it is as if the case were never completed; it remains a pending case while it is before the BIA, and the rules governing detention are basically the same as they are when the case is pending before the Immigration Court.
If the respondent had “entered” the U.S., the asylum grant could be viewed as a “changed circumstance” giving the Immigration Judge a basis to redetermine custody upon his or her own motion or upon the respondent’s request. But, Mr. Yee appears to be an “arriving alien.” Therefore under the somewhat arcane rules applying to such aliens, neither the Immigration Judge nor the BIA has jurisdiction to redetermine custody. Continuing custody is within the sole jurisdiction of the DHS, unless a U.S. District Court intervenes by habeas corpus and directs either the DHS or the Immigration Judge to conduct an individualized bond hearing.
Tough system. But, I doubt the Trump Administration is going to make it any easier for respondents to get released from detention.
PWS
03/29/17
(An open letter posted April 13 on the website of Ms. Grossman, Amos Yee’s pro bono U.S. asylum attorney)
Ms. Sandra Grossman, allow me to preface my remarks here with the following: I’m a fierce critic of Amos Yee for what he misrepresents. Here’s a link to a sample of what I’ve posted extensively about his shenanigans being passed off as ‘free speech’: https://lester978.wordpress.com/2017/03/02/the-trinity-of-fallacies-an-anatomy-of-the-amos-yee-asylum-debacle/
Notwithstanding the above, I’m obliged to write to commend you on 1 particular point but at the same time highlight several others for your due consideration:
1. I unreservedly commend you for the critical statement in your March 29 media update regarding the total whimsical arbitrariness in detention of asylees as practiced by the Dept. of Homeland Security (DHS) through its enforcement arm, ICE (Immigration & Customs Enforcement). Yes, on this score I am advocating Amos’ immediate release — not on his own recognizance though, rather, on bail because Amos cannot be taken at his word due to his past capiases in Singapore (with 2 of them for failure to appear as summoned). Holding an asylee indefinitely such as Amos, someone with no history of violence, would be unconscionable — a practice that is out of character with the American tradition of equity and fairness. Hence, if you are a true believer in Amos’ cause of ‘free speech’, you should be exercised enough to go the whole nine yards and file a writ of habeas corpus on his behalf before a district judge. Or better still, initiate a class action suit against DHS/ICE with Amos as the lead plaintiff. And that takes me to my next point, namely, of the very many genuinely deserving asylum-seekers, does Amos Yee per se merit such A-team treatment?
2. In one of my recent posts, the ‘Ten Reasons’, I listed in Reason 8, that as the poster boy of ‘free speech’ which Amos once dubbed himself, his cause has generated virtually zero, zilch, zippo, nada public sympathy/support both in America and at home … those who follow him not to cheer but to jeer him; the avalanche of negative online posts speak volumes. https://lester978.wordpress.com/2017/03/29/ten-reasons-why-amos-yees-asylum-victory-will-be-short-lived/
3. The legal opinion of Honorable Judge Cole to grant asylum to Amos is drawn from one of about 125 Immigration Judges appointed to the bench; Amos did luck out with a very liberal 6-month-old new judge. But as I see, the appeal process henceforth is stacked against him as I explained that in my post titled the ‘3 reasons’. https://lester978.wordpress.com/2017/04/06/3-reasons-why-judge-coles-ruling-of-asylum-for-amos-yee-will-be-overturned/
4. I congratulate you on your marvelous diligence in preparing for the asylum merit hearing on March 7 that exhausted some 7 hours of witness testimonies. Judge Cole, however, did note in his ruling, that the plaintiff (DHS) offered no rebuttal witness at all; in effect, you won by default. At the end of the appeal process, if there was to be a ‘re-trial’, the DHS attorneys would have learnt and avoided their previous mistakes.
5. One thing for certain you can count on is that the Singapore Government will not take the obloquy of being labeled ‘persecutor’ of a teen malcontent lying down … read the short article in its entirety at this link: https://lester978.wordpress.com/2017/03/31/1039/
6. And finally, Amos should be properly apprised of all his available options because crucial years of his young life is at stake. Ms. Melissa Chen, his so-called mentor, saw fit to delete on her Facebook wall this recent posting of mine below that touches on the hard facts confronting Amos. I trust as his attorney, you would duly advise him of not just the cheery prospects of the imminent DHS appeal against his asylum ruling, but also the downside of the pendency of the whole process. https://lester978.wordpress.com/2017/04/03/a-surreal-private-conversation-with-amos-yee/
Sincerely, Lester Kok April 13, 2017
Thanks for the comment.There are at least two sides to almost everything.That’s why we need fair, impartial judges. Even if true, and I at present have no reason to doubt what you are saying, unappetizing or even demonstrably wrong views don’t bar foreign nationals from receiving asylum and other forms of protection.During my career, I regularly granted relief to individuals whose opinions or causes I disagreed with or whose views I found personally offensive. But, my job as a judge wasn’t to pass judgement on idealogical, philosophical, or theological issues. Only to follow the law, insure due process, and provide justice.
Thanks again for sharing. I’m guessing we might get some further dialogue on this case.
Best,
PWS
(As posted online earlier today)
An Open Letter To Amos Yee’s Mother — Crunch Time For Mother Mary Toh
Here’s a timely, sincere appeal to the mother of Amos to act judiciously to help avert her son’s current plight from being transmogrified into a full-blown tragedy before her eyes.
Dear Madam, in your capacity as Amos’ mother, I am addressing this letter to you with the sincerest of intention in hopes that you’ll do what’s right by your son, to save him from further descent into the depths of despondency and turmoil.
The time is now for dispensing decisive motherly counsel to your son to embrace the unwelcome, cold hard facts staring him in the eyes — this would mean convincing him to abandon his misbegotten asylum dream forthwith and return home, and indeed, it wouldn’t be a moment too soon.
But why should you take me seriously since you may be aware that I’m his fiercest critic on the Net having critically profiled the Amos saga of shenanigans in depth on my blog? I shall answer that in a moment. But first, if you are oblivious to what I blog about your son, here’s a sample of a censorious article for your read: The Trinity of Fallacies as provided in the link here… https://lester978.wordpress.com/…/the-trinity-of-fallacies…/
Judge me then on the merits of my arguments/criticisms — and not by virtue of my being anti-Amos in the things he espoused and did. FYI, thus far every significant prediction and analysis I made of his asylum debacle, have come to fruition … from DHS’s (Depart. of Homeland Security) inevitable appeal to his current likely battle with jailhouse depression…
https://lester978.wordpress.com/2017/04/28/3410/
A Private Conversation with Amos Yee, Part 2: Life’s Bitter Lessons
A Sequel To A Surreal Private Conversation With Amos…
[Featured below is Part 2 of a dream soliloquy involving Amos and myself; we could see each other up-close and he could listen to what I said but not in reverse. So here’s how this unilateral converse unfolded … a link is furnished here to the previous Part 1 Conversation: https://lester978.wordpress.com/…/a-surreal-private-conver…/
Amos, me again, another night visit with you in your cell. I hope you’re holding up not too shabbily considering the somber news of DHS’s appeal against you. Remember the previous late-night Conversation on April 3rd? … I explained to you then the certainty of the counter appeal by DHS and also touched on the complex landscape of the appeal process. I see you’re nodding … didn’t I tell you how involved the asylum process is, and unfortunately as in your case, you’ve turned your asylum into a political football from the start. The point of my this visit is to speak to this political football you’ve mischievously created with far-reaching consequences; I shall also talk about your important plan and action ahead.
But first, good for you, you got a jailhouse visit from Adam in late April. Sadly, he’s possibly your only hard core cohort left. How you wish he came here with Melissa … but too bad, she has her excuse of being too occupied with her other activist stuff. The truth is she’d bitten off more than she could chew on your asylum matter and gotten cold feet since mid-January; I called her out on that … blogged about it in an article called The Trinity of Fallacies if you got a chance to read it someday.[https://lester978.wordpress.com/…/the-trinity-of-fallacies…/] I understand your mom has difficulty messaging her these days. But really, it’s hard to imagine how you all misfired so terribly from the very beginning — especially her as your U.S. mentor — being so casual, sloppy and naïve about the whole asylum matter … everyone involved seemed to take it so much for granted, like it was a just walk in the park. How your mom must be beating herself up for prompting you to go on such a wild adventure. No doubt you were blinded by Melissa’s foxy charm; she did one heck of a job enticing you with her sweet talk of free-for-all in the promised land of unlimited speech entitlements. Worse luck as it turned out … you surely did not bargain on this endless jail bit coupled with all the asylum hoops ahead you need to jump through now; only God knows how long it will all take. Now, concerning this political football I referenced a moment ago …
https://lester978.wordpress.com/2017/05/10/a-private-conversation-with-amos-yee-part-2-lifes-bitter-lessons/