Responsive Documents - CREW: DHS: Regarding Rep. Michael Grimm (R-NY): 8/9/2012 - Grimm Responsive Documents (Combined)

7/31/2019 Responsive Documents - CREW: DHS: Regarding Rep. Michael Grimm (R-NY): 8/9/2012 - Grimm Responsive Docu

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ADMINISTRATIVE/TELEPHONIC CLOSEOUT

NO RESPONSE NECESSARY

Date: April 4, 2011 Subject File Number: CO 703.

Name/Office/Phone

HQOLA

Workflow ID: 895316 Members Name: Michael Grimm

Constituents Name:

Description of Inquiry:I-360 denied and appealed.

Contact Person:

David Carr

Summary/Comments:The appeal was dismissed, and the petitioner notified. David requested that we close the

written inquiry, since the issue has been resolved.

NVO

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Date: 18, February 2011 Subject File Number: CO 703.

Name/Office/Phone

- OCR -

Workflow: 895223 Members Name: Rep Michael G. Grimm

Constituents Name:

Description of Inquiry: constituent seeking status of a work visa extension.

Contact: David Carr 718 351-1062)

Summary/Comments: Informed staffer by telephone that because there was no receiptnumber or A#, we are not able to check our system; also that because this case was filed

in New York USCIS, when the applicant provides the receipt number they need to

contact New York directly. No written response necessary.

HQOLA

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Cltnngr ess

of

t}f e Jtnit eil

t;tates

lll lusl}ingtnn.

ilQt

205W:CE vrc

Y " .

The Honorable Janet Napolitano

Secretary

Department ofHomeland Security

Washington, DC 20528

Dear Secretary Napolitano:

2 11 JUL

26

M

8: 49

July 25, 2011

We write to express our support for the Port Authority of New York and New Jersey's

application for $50 million from the Transit Security Grant Program to construct the World

Trade Center Campus Security Plan (WTC-CSP), a site that. was recently added to the

Department's Top Transit Asset List.

The WTC CSP is a joint effort by the Port Authority, the New York City Police Department

(NYPD), and the City of New York to protect all of the assets within the WTC campus - more

than $20 billion worth

of

public and private investment

while

at the same time ensuring the site

is economically viable and open to the public.

t

will do this through the implementation of a

layered system

of

managed streets, screening and hardened infrastructure on the perimeter

of

the

site. The central transportation feature, which will protect all of the public infrastructure within

the site, is the WTC Transportation Hub (the Hub) and the subways and passageways leading

into this system.

The Hub is currently under construction and, when completed, it will be the third-largest

transportation center in New York City, serving approximately 250,000 people per day and

providing seamless intermodal transfers for hundreds of thousands o commuters and visitors.

Specifically, the Hub will provide direct access to the Port Authority's Trans-Hudson (PATH)

rail system connecting New York and New Jersey, the WTC Ferry Terminal, the Metropolitan

Transit Authority Fulton Street Transportation Center, and numerous subway lines. t will also

allow for direct pedestrian connections to all four commercial office buildings and riearly

500,000 square feet

of

world-class retail at the WTC site, the World Financial Center and Battery

Park City.

Funding from the Transit Security Grant Program will be used to construct portions

of

the WTC

CSP tlui t directly protect the Hub, as well as other related security infrastructure. The full

functioning and protection of the Hub will ultimately depend on the full build-out of the

complete WTC-CSP, which will also protect other critical assets at the WTC Campus, including

the National 9/11 Memorial and Museum;

10

million square feet

of

Class A commercial office

space; 500,000 square feet of world-class retail; a major performing arts center; a state-of-the-art

vehicle security and parking center; a large public park; two new city streets and two new

pedestrian ways; and all of the critical infrastructure that will support these projects. This

investment of federal funds will ensure that the entire WTC site is secure and accessible, reduce

traffic congestion in the surrounding area, and reduce negative environmental impacts.

PIIINHO ON IIECYClEO PAPER
http:///reader/full/t;tui.eshttp:///reader/full/t;tui.es


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The project will also have a significant economic impact. The reconstruction of the WTC site

will result in the creation of 26,538 direct jobs, including o n ~ s i t e construction, architecture and

engineering, and program and construction management. t will result in up to 62,336 jobs with

the inclusion

of

indirect jobs, such

as

those generated

by

industries that supply services,

materials arid machinery to the rebuilding effort.

The WTC

projects are expected to generate

3.7 billion in direct and indirect wages and total economic activity

of

14.5 billion. Finally, the

W T ~ S P will set a new standard, and serve as a national and international model, for how to

secure and make accessible large-scale, multi-use urban areas

As we all know, the WTC is a high profile target, and the site of two previous terrorist

attacks. Therefore,

we

urge your prompt consideration ofThe Port Authority of

NY

NJ s

application for a Transit Security Program Grant for the WTC-CSP.

Thank

you for your

attention to this matter that is of critical importance to our region and

to

the nation.

Jerrold Nadler

Member of Congress

d-t

a ~ ~ e p h Crowley

Member

of Congress

Sincerely,

teve Israe

e t e r T K i ~

Member ofCongress

ichael

G

Grimm

ember ofCongress

Richard L. Hanna

Member

ofCongress

IMO reD me ey

~ e r ofCongress

~

~ 4 1

Carolyn B Maloney

Member of Congress


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Steven R Rothman

Member o Congress

Ed lphus

Towns

Member

o

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Eliot L Engel

Member o

Congress

Grego y Meeks

Member o Congress

K ~

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ckerman

Membero

Congress

b.4

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Date: February 11, 2011 Subject File Number: CO 703.

Name/Office/Phone- OLA -

Workflow ID: Members Name:895239 Rep. Michael Grimm

Constituents Name:

Description of Inquiry:The constituent is asking for assistance with the processing of an I-130. The constituent

was a permanent resident, but was ordered deported. She was charged with

misrepresentation. She and the petitioner are caring for an ill child who has CerebralPalsy.

Contact:

David Carr 718 351 1062

Summary/Comments:According to the Claims3, the I-130 was received on March 8, 2010 for a sibling of a

USC. The case is pending at the CA Service Center. The beneficiary was previously aLPR and ordered deported since 2009.

I called the staffer and he informed me that the beneficiary is still in the US. I explained

to the staffer the family preference and visa numbers. This petition falls under the 4th

preference and visa number will not be available for many years. The beneficiary does

not appear to have a legal status at this time. The I-130 will not accord her any status.

She will need to file for the immigrant visa abroad when a visa number is available and

an I-212 for permission to re-apply for admission. The I-130 will be pending until CSCreaches the processing time and adjudicate it.

CLOSED BY PHONE CALL

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Date: February 11, 2011 Subject File Number: CO 703.

Name/Office/Phone- OLA -

Workflow ID: Members Name:895239 Rep. Michael Grimm

Constituents Name:

Description of Inquiry:The constituent is asking for assistance with the processing of an I-130. The constituent

was a permanent resident, but was ordered deported. She was charged with

misrepresentation. She and the petitioner are caring for an ill child who has CerebralPalsy.

Contact:

David Carr 718 351 1062

Summary/Comments:According to the Claims3, the I-130 was received on March 8, 2010 for a sibling of a

USC. The case is pending at the CA Service Center. The beneficiary was previously aLPR and ordered deported since 2009.

I called the staffer and he informed me that the beneficiary is still in the US. I explained

to the staffer the family preference and visa numbers. This petition falls under the 4th

preference and visa number will not be available for many years. The beneficiary does

not appear to have a legal status at this time. The I-130 will not accord her any status.

She will need to file for the immigrant visa abroad when a visa number is available and

an I-212 for permission to re-apply for admission. The I-130 will be pending until CSCreaches the processing time and adjudicate it.

CLOSED BY PHONE CALL

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43/171

The MOA further provided for a cost sharing arrangement between the TSA and the PANYNJ,

with the Federal share

of

allowable costs

of

up to 9 percent. The PANYNJ, or its terminal

tenant operators would bear the ten percent

f

allowable costs and all costs not considered

reimbursable by the TSA. The MOA included references to the TSA s Planning Guidelines and

Design Standards for Checked Baggage Inspection Systems as the guide for determining what

would be considered allowable costs and what would not. Under these guidelines, costs for a

separate building construction, referred to as Bricks and Mortar were not considered

reimbursable.

After questioning TSA s interpretation on Bricks and Mortar reimbursement, PANYNJ staff

and design consultants have worked with TSA in an attempt to demonstrate that in some cases, it

costs far less to build a separate building to house the in-line screening equipment than to modify

the existing structures of older terminal buildings to accommodate the equipment as required

under current TSA guidelines. TSA, after considering the PANYNJ's request for a modification

to the guidelines, was convinced of its merits and agreed that it would propose to modify its

guidelines to provide reimbursement for Bricks and Mortar subject to certain criteria.

There are several projects at JFK, LGA, and EWR that have reached a critical point in the project

design stage that will require final decisions as

to whether the Terminal tenants will proceed with

the project. The Terminal tenants are reluctant to and have not made any decisions on whether

they will expend these significant amounts of their own funds to move these projects forward, as

they await a decision

on

the TSA guideline change. So long as this cloud of uncertainty remains

about whether these expenses may be considered eligible for reimbursement, these important

aviation security projects at two

of

the nation's most traveled airports remain stalled and are in

jeopardy as to whether they will be undertaken. Therefore, we respectfully request that your

office give prompt consideration and take expeditious and affirmative action to support the TSA

Bricks and Mortar guideline change.

Thank you in advance for your attention to this matter.

Sincerely,

l

ember of Congress

f ( l . ~

Member of Congress

phus Towns

ember of Congress

2


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Member o Congress

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o o n g r e ~ s

Robert Andrews

Member

o

Congres

Member o Congress

Member

o

Congress

Charles B Rangel

Member o Congress

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Member

o

Congress

Rush D Holt

Member

o

Congress

io Sires

Member

o

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cc: Honorable Janet Napolitano Secretary U Department o Homeland Security

Honorable John Pistole Assistant Secretary/Administrator Transportation Security

Administration US Department o Homeland Security

Honorable Cass Sunstein Administrator Office o Information and Regulatory Affairs

Office

o

Management and Budget Executive Office

o

he President

4


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Date: March 4, 2011 Subject File Number: CO 703.

Name/Office/Phone

HQOLA

Workflow ID:897523 Members Name: Michael Grimm

Constituents Name:

Description of Inquiry:This case is a Motion to Reopen before the immigration judge

Contact Person:

Liam McCabe

Summary/Comments:This is a new congressional office, and Liam didnt know that these cases are outside our

jurisdiction. I told him that it was in the combined jurisdiction of ICE and EOIR andprovided him with contacts in both those offices. He thanked me and told me to close the

written inquiry.

NVO

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Date: 3/14/11 Subject File Number: CO 703.

Name/Office/Phone

HQOCR/

Workflow ID: 895920 Members Name: The Honorable Michael Grimm

Constituents Name:

Description of Inquiry: Request for husband to return to US

Contact Person: Jason Bierig

Summary/Comments:

Spoke to Jason from Congressman Grimms office and explained to him that the case was

a consular return. USCIS affirmed the approval and sent back to DOS for processing

Currently no USCIS action required.

No additional written action required.

HQ-OLA

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Date: 24, February 2011 Subject File Number: CO 703.

Name/Office/Phone

- OCR -

Workflow: 895890 Members Name: Rep Michael G. Grimm

Constituents Name: David Carr

Description of Inquiry: constituent seeking to obtain status of visa lottery applicationhe has filed.

Contact: David Carr (718 351-1062)

Summary/Comments: Informed staffer by email that the visa lottery program is under

the jurisdiction of the Department of State (DOS) and we suggest that he contact the DOS

directly. No written response necessary.

HQOLA

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02 14 2011

HON 10:04

FAX

7189800768

MICHAEL G. GRIMM

13H

Dnmucr,

New Y o n ~

COMMITTEE

ON

FINANCIAL SERVICES

ASSISTANT

WHIP

a t o n g r e ~ s

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tbe ~ n i t e b ~ t a t e

;.t ouse of 1\epresentatibes

mmtnsbington, 1JD 20515-3213

February 11, 2011

M1.

James McCament

Director, Congressional Relations

US Citizenship and Immigrations Services

Department

of

Homeland Security

20 Massachussetts Avenue

4th Floor

Washington, DC 20529-2099

Dear Mr. McCament,

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WASttiNGlON,

DC

20515

2021 225-3371

265 NEw DonP LAN


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MON

10:04

F X 7189800768

~ 0 0 5 0 4

I

INTRODUCTION

Pursuant to section 240(c){6)(c)(ii)

of

the Immigration and Nationality Act (INA), the

Respondent(s) move the Board of Immigration Appeals (BIA

or

Board) to reopen and reconsider

this matter in light

of

the most recent reports of the country conditions and the consequences

of

removal

of

a Coptic Christian family into a strictly Islamic country with particular emphasis on

the grave and adverse consequences that may befall Respondent s 17-year old daughter and his

wife.

Fm1hermore, pursuant to section 240(b)(3)(A) ofthe Immigration and Nationality Act,

Respondent(s) move the Board to stay removal

to

Egypt in light

of

the current events in Egypt

and the Middle East, and new evidence of the threats to the life and freedom of Respondent s

extended and immediate family members.

Additionally, Respondent moves this Board to permit and accept his re-application for

Asylum and Withholding of Removal pursuant to section 208(a)(2)(D) and 8 C.F.R 208.4(a)(4)

due

to

changed circumstances both in the country

of

Respondent s nationality (Egypt), and in the

Respondent s circumstances. In light of the most recent development in the Middle East and the

explosion of the brooding hate toward Christians and the Western societies, it is quite apparent

that Respondent and his wife and his westernized teen-age daughter will meet a bleak,

if

not

deadly, fate upon their removal into Egypt. Moreover, newly acquired practices that are now

applied

in

Egypt upon receiving deportees from the United States, particularly Christians, poses

a direct threat on Respondent s and his family s life and freedom.

2


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02/14/2011

MON 10:05 FAX

7189800768

Moreover, Respondent and his family are f Sking for relief pursuant to Article 3

of

the

United Nations Convention Against Torture in light

of

what awaits him, as a deportee and a

Christian, upon his removal into Egypt.

~ 0 0 6 0 4

Finally, Respondent prays that if the Board denies any

or

all of the requested relief, that

the Board grant his daughter (17 years

of

age) a temporary stay

of

removal until she can obtain a

permission to enter a third country. Respondent and his wife have family members in the United

States who are willing, able and ready to provide Respondent s daughter with all her necessities

and expenses until her departure. Furthermore, members

of

the Coptic Church in Staten Island,

as well as the priest are willing to guarantee, if requested by the Board, that this young girl will

be very well taken care of, in the event that her parents are to be deported. Respondent and his

wife are willing to suffer the separation from their only child,

in

order to protect her from a

definite catastrophe.

II. RELEVANT PROCEDURAL HISTORY

On

or

about September I 6, 1993, Respondent applied for asylum pursuant

to

section 208

and for withholding

of

removal under section

241

(b)(3)

of

INA.

of

the INA. See Exhibit I.

Respondent and his wife s application were denied by the Justice of the Immigration Court IJ)

in New York City, New York on October

7,

1999. Respondent was however granted Voluntary

Departure. A copy

of

the

IJ s

decision is annexed hereto as Exhibit 2. Respondent and his wife,

by counsel, filed a timely appeal before the BIA from the IJ s decision.

The

Board dismissed

their application, affirmed the IJ s decision without opinion and issued a final order for

3


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21007/0

Voluntary Departure on November 6, 2002.

t is

worth noting that the erred when he founded

his decision upon the fact that Respondent and his wife have lied to the U.S. Embassy

representative about their intentions to retum to Egypt once given a visitors visa. Furthermore,

the IJ

made an arbitrary determination based upon the lack

of

persecution and lack

of

nexus

between the incidents and the religious beliefs

of

Respondent. The

IJ

further based his decision

upon the grounds that Respondent and his wife may have faced discriminatory practices that did

not rise to the level

of

discrimination.

In

so deciding, the

IJ

discounted that discriminatory

practices and experiences can accumulate in intensity so that they rise to the level

of

persecution.

UNHCR Handbook on Procedures and Criteria for Determining Refugee Status and INS Basic

Law Manual, 2000, pp 23-24. In his written opinion, the

J

relied only upon the State

Department Report on the country conditions at the time, which did not sufficiently address the

ever increasing persecution and discriminatory practices in Egypt. Perhaps, if the persecutory

and radical religious practices in Middle Eastern countries, including Egypt, been known at the

time, the situation

of

radical Islamists would not have reached its present

day's

intensity to the

point that President "Bush Declares War on Radical Islam".

2

Additionally, Respondent and his

wife suspected that the interpreter who translated his testimony was an Egyptian Moslem; a fact

which made them afraid while they were giving their testimony.

For reasons that are discussed infra, Respondent involuntarily failed to leave the United

States as ordered and on or about October 6, 2005, Respondent was aiTested by officers from the

1

Christians in the American Court System, by Louis A. Gordon, Middle East Qua1terly, Winter

2001.

eforum.org/articlell9 Middle East Forum website. (Copy annexed hereto as Exhibit 9)

2

Bush Declares War on Radical Islam by Daniel Pipes, New York Sun, October I 1

2005.

www.meforum.org/articlelp.JP. W302.. Middle East Forum website. (A copy

is

annexed hereto in Group Exhibit 9).

4


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(b) (6)

(b) (6)

(b) (6)

(b) (6)

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basis of the motion is to apply for relief under section 208 ... based upon changed country

conditions arising in the country of nationality or the country to which removal has been

ordered provided that the evidence is material and was not available at the prior proceedings.

~ 0 1 1 0

Respondent is now filing this motion to reopen his matter in connection with his

reapplication for asylum and/or withholding of removal based upon the considerable

deterioration of the country conditions

in

Egypt in relation to the cruelty and persecution of

Christians.

In

light

of

most recent reports prepared by the United States Commission for

Religious Freedom, it is clear that the radical Islamic practices in Egypt have become more

apparent and visible to the world. Therefore, the time restrictions to file this motion to reopen

should not apply to Respondent.

Limitation on Asylum Application Due

to

Prior Denial

of

the Application:

Under 8 C.F.R. 208.4(a)(3) and INA 208(a)(2)(C) an alien may not apply for Asylum

or withholding of removal under Section 208 of the INA, when a prior denial of his/her

application was made by an immigration judge or the Board of Immigration Appeals. However,

pursuant to INA208(a)(2)(D), [a]n application for asylum of an alien may be considered,

notwithstanding the prior denial if the alien demonstrates ... the existence

of

changed

circumstances which materially affect the applicant's eligibility for asylum

...

. Furthermore, 8

C.F.R. 208.4(a)(4) states that Changed Circumstances which materially affects the

applicant's eligibility for asylum may include but not limited to First: changes in conditions in

the applicant's country of nationality 8 C.F.R. 208.4(a)(4)(A) or Second: changes in the

applicant's circumstances that materially

atTect

the applicant's eligibility for asylum including


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changes in U.S. activities that place the applicant at risk

of

persecution in his country. 8 C.F.R.

208.4(a)(4 )(B).

First : Changes In Conditions in the Applicant s Country of Nationality:

The very first sentence on The Annual Repo11

of

the united States Commission on

International Religious Freedom on Egypt starts with a clear and unmistakable statement:

Serious problems

of

discrimination, intolerance, and other human rights violations against

members

of

religious minorities,

...

remain widespread in Egypt .

The

report specifically states

that ... Islamic extremism is

advancillg

in Egypt with detrimental effects on the prospects for

democratic reform, religious tolerance, and the rigltts

ojwome

a d girls

6

(Emphasis added).

Compared to the corresponding report

of

999

which states in the first paragraph as, simply as a

factual matter, that

Islam is the official state religion and primary source oflegislation.

Reports from individuals and organizations and news media demonstrate a growing, systematic

and methodical suppression and deliberate persecution

of

the Coptic Christians

in

Egypt aimed at

eradicating all other religions, either by forced conversion to Islam or by torturing and killing.

Stat1ing with the most recent account on October 14, 2005, three thousand Egyptian Muslims

and Egyptian Police Officers sunounded a Coptic Otthodox Church in Alexandria, Egypt, to

protest and intimidate the congregation because the church produced a live-action drama and

DVD addressing Egyptian Christians forced conversion to Islam'

7

Another account states

that there

is

a rise in violent attacks by Islamic extremists against Egyptian Christians.

8

The

6

Annual Report of the United States Commission on International Religious Freedom, May 2005, U.S. Commission

on

International Religious Freedom, page I 05. (Sec Group Exhibit II).

7

See Egyptians Protest Outside Alexandria Coptic Church , News Repo11 U.S. Copts Association w w w . c o . J m n ~ t

(Group Exhibit II)

8

See Egypt by the Christian Solidarity Worldwide Foundation. l'ill:YiCswusa.com/countries/Egypt.htm (Group

Exhibit

II)


114/171

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MON 10:06 FAX 7189800768

ld)013/0

account which was prepared in 2002 states that "state police and/or Muslim mobs are

increasingly becoming the perpetrators. Such violence has gone unpunished by the Egyptian

legal system in recent years"

9

The

human rights organization "afrol" published a report on the

Copts (Coptic Orthodox Clu-istians) appeal to end persecution. The report addresses the

practices in the Egyptian government of treating Coptic issues as "State Security Matters" and

having what is known as the "Coptic File" under the State Security Intelligence Apparatus.

1

Countless accounts prepared by human rights activists and groups and news media address this

issue which is

now

growing beyond control. Repo11s by Reuters, Australian News Agency,

Boston Globe, Middle East Times, The Associated Press,

The

Washington Times and many

other news agencies have written about the blatant, systematic persecution and the continued

hate practices by the Moslem extremists against the Christians of Egypt.

The

Toronto Sun

reports that "(t]he August bombings of four churches and a monastery in lraque, barely lifted the

veil on the"

precario s sitmttion

o

Christians ami otller

nrilrorities

in Muslim-majority

countries.

2

(emphasis added). The article further accounts for a wife of a Coptic priest who

was abducted by Muslim fanatics and forcibly converted to Islam is not but a sample

of

the

practices acquired in Egypt

of

abducting young girls and

women

to force them into conversion to

Islam. The Freedom House Organization published a 57-page report detailing names and dates

specificity on the systematic and methodical widespread of incidents

of

violence against Coptic

Christians in Egypt at the hands of Moslem fanatics and, indirectly

by

simply overlooking, at the

9

See "Egypt" by the Christian Solidarity Worldwide Foundation .

w ~ Y F : g ; J Y u s a c o m / c o u n t r i e s / E g y p t h t m

(Group

Exhibit

II)

1

See "Egypt's Copts appeal

foz

end

to

persecution" afrol News.

~ ~ f r o l c o m

(Group Exhibit I I)

11

See "lslamism Exposed

in

Egypt" a compilation of accounts and reports

fiom

different news agencies on the

subject. (Group Exhibit I I)

12

See "A Christian Exodus" by Salim Mansur, December 23, 2004.

www.can9e.ca/N_ wsSta ldlcolumnistsrroronto/Salim See also Egypt- Persecution" Disappearing Christians of

the Middle East by lmad Boles, Middle East Quarterly, Winter 2001 www.meforu Ih9.rg (Group Exhibit

II).

1


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ld)015/0

accounts on the abduction ofChristian girls and women in Egypt for force them into conversion

to Islam. These practices were not known to Respondent at the time he applied for Asylum.

However, the facts became known to him and to the rest

of

the world in the beginning

of

2001.

Respondent therefore did not include this claim

in

his original application for Asylum and he

-now requests the Board to look into the overwhelming number ofthese accounts.

Second: Changes in U.S. Activities That Place the Applicant at Risk

of

Persecution in his Country.

In light of the tension between fundamentallslamist groups and the Bush administration,

it is not unreasonable to conclude that many of the radical Islamic groups believe that the

United States had declared war on Islam itself. As recently as October 6, 2005, President Bush

announced in his speech to the National Endowment for Democracy, that he began a new era on

the war on terror. Mr. Bush occasionally mentioned

radical Islam . Although Mr. Bush

distinguished

in

his speech between the religion

of

Islam and the so called murderous ideology

of

Islamic radicals , this distinction can only be taken at face value by the non-fundamentalist

Moslems. However, to those radical Moslems the war is on Islam. Egypt is laden and

overloaded with radical groups such as Jamaa Islamya and Jihad and many others. The President

further pointed out that the Islamist drive to power consists

of

three objectives: 1 Ending

Westem influence

in

the Muslim world 2) gaining control

of

Muslim govemments and 3)

establishing

a

radical Islamic empire that spans from Spain to Indonesia

8

Furthermore, the

British Prime Minister, Mr. Tony Blair, who is a strong,

if

not the strongest ally to the Bush

Administration, announced last July after the London subway and bus bombings with a focus on

religious ideology, a strain within the world-wide religion

of

Islam .

18

Bush Declares War on Radical Islam New York Sun, October II, 2005 by Daniel Pipes. Group Exhibit 9

12


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(b) (6)

(b) (6)


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(b) (6)

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(b) (6)

(b) (6)

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I INTRODUCTION

Jlursuant

to

section 240(c)(6)(c)(ii) ofthe Immigration and Nationality Act (INA), the

Respondent(s) move the Board of Immigration Appeals (BIA or Board) to reopen and reconsider

this matter in light

of

the most recent reports

of

the country conditions and the consequences

of

removal of a Coptic Christian family into a strictly Islamic country with patticular emphasis on

the grave and adverse consequences that may befall Respondent s 17-year old daughter and his

wife.

Furthermore, pursuant to section 240(b)(3)(A) of the Immigration and Nationality Act,

Respondent(s) move the Board to stay removal

to

Egypt in light

of

the current events in Egypt

and the Middle East, and new evidence of the threats to the life and freedom of Respondent s

extended and immediate family members.

Additionally, Respondent moves this Board

to

permit and accept his re-application for

Asylum and Withholding ofRemoval pursuant to section 208(a)(2)(D) and 8 C.F.R 208.4(a)(4)

due to changed circumstances both in the country ofRcspondcnCs nationality (Egypt), and in the

Respondent s circumstances. In light of the most recent development in the Middle East and the

explosion of the brooding hate toward Christians and the Western societies, t is quite apparent

that Respondent and his wife and his westernized teen-age daughter will meet a bleak, if not

deadly, fate upon their removal into Egypt. Moreover, newly acquired practices that are now

applied in Egypt upon receiving deportees

fiom

the United States, particularly Christians, poses

a direct threat on Respondent s and his family s life and freedom.

2


122/171

MON 10:08 FAX

7189800768

Moreover, Respondent and his family are asking for relief pursuant to Article 3

ofthe

United Nations Convention Against T01ture in light

of

what awaits him, as a deportee and a

Christian, upon his removal into Egypt.

21021/0

Finally, Respondent prays that if the Board denies any or all of the requested relief, that

the Board grant his daughter (17 years of age) a temporary stay

of

removal until she can obtain a

permission to enter a third country. Respondent and his wife have family members in the United

States who are willing, able and ready to provide Respondent s daughter with all her necessities

and expenses until her departure. Furthermore, members

of

the Coptic Church in Staten Island,

as well as the priest are willing to guarantee,

if

requested by the Board, that this young girl will

be very well taken care of, in the event that her parents are to be deported. Respondent and his

wife are willing to suffer the separation from their only child, in order to protect her from a

definite catastrophe.

II

RELEVANT PROCEDURAL HISTORY

On or about September 16, 1993, Respondent applied for asylum pursuant to section 208

and for withholding

of

removal under section 24I(b)(3)

of

INA.

ofthe

INA. See Exhibit

I

Respondent and his wife s application were denied by the Justice

ofthe

Immigration Court (IJ)

in New York City, New York on October 7, I 999. Respondent was however granted Voluntary

Departure. A copy of the

IJ's

decision is annexed hereto as Exhibit 2. Respondent and his wife,

by counsel, filed a timely appeal before the BIA from the

IJ's decision. The Board dismissed

their application, affirmed the

IJ's

decision without opinion and issued a final order for

3


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Voluntary Departure on November 6, 2002.

It

is worth noting that the

IJ

erred when he founded

his decision upon the fact that Respondent and his wife have lied to the U.S. Embassy

representative about their intentions to return

to

Egypt once given a visitors visa. Fmthermore,

the IJ made an arbitrary detetmination based upon the lack of persecution and lack of nexus

between the incidents and the religious beliefs of Respondent. The IJ further based his decision

upon the grounds that Respondent and his wife may have faced discriminatory practices that did

not rise to the level

of

discrimination. In

so

deciding, the

J

discounted that disctiminatory

practices and experiences can accumulate in intensity so that they rise to the level

of

persecution.

UNHCR Handbook on Procedures and Criteria for Determining Refugee Status and INS Basic

Law Manual, 2000, pp 23-24. In his written opinion, the IJ relied only upon the State

Department Report on the country conditions at the time, which did not sufficiently address the

ever increasing persecution and discriminatory practices in Egypt. Perhaps,

if

the persecutory

and radical religious practices in Middle Eastern countries, including Egypt, been known at the

time, the situation of radical Islamists would not have reached its present day's intensity to the

point that President Bush Declares War on Radical Islam ? Additionally, Respondent and his

wife suspected that the interpreter who translated his testimony was an Egyptian Moslem; a fact

which made them afraid while they were giving their testimony.

For reasons that are discussed infra, Respondent involuntarily failed to leave the United

States as ordered and on or about October 6, 2005, Respondent was arrested by officers from the

1

Christians in the American Court System,

by

Louis A. Gordon, Middle East Qua1terly, Winter 2001.

eforum.org/article/19 Middle East Forum website. (Copy annexed hereto as Exhibit

9)

2

Bush Declares War on Radical Islam

by

Daniel Pipes, New York Sun,

October

II,

2005.

www.meforull)....Q.rg/.article P.i); .es/3026 Middle East Forum website. (A

copy

is annexed hereto in Group Exhibit 9).

4


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(b) (6)

(b) (6)

(b) (6)


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basis ofthe motion

is

to apply for relief under section 208 ... based upon changed country

conditions arising in the country

of

nationality or the country

to

which removal has been

ordered provided that the evidence is material and was not available at the prior proceedings.

Respondent is now filing this motion to reopen his matter in c01mection with his

reapplication for asylum and/or withholding of removal based upon the considerable

deterioration of the country conditions in Egypt in relation to the cruelty and persecution

of

Christians. In light of most recent reports prepared by the United States Commission for

Religious Freedom, it

is

clear that the radical Islamic practices

in

Egypt have become more

apparent and visible to the world. Therefore, the time restrictions to file this motion to reopen

should not apply to Respondent.

Limitation on Asylum Application Due to Prior Denial of the Application:

Under 8 C.F.R. 208.4(a)(3) and INA 208(a)(2)(C) an alien may not apply for Asylum

or withholding ofremoval under Section 208 of the INA, when a prior denial of his/her

application was made by an immigration judge or the Board of Immigration Appeals. However,

pursuant to INA208(a)(2)(D), [a]n application for asylum of an alien may be considered,

notwithstanding the prior denial

"if

the alien demonstrates

...

the existence of changed

circumstances which materially affect the applicant's eligibility for asylum ... . Furthermore, 8

C.F.R. 208.4(a)(4) states that Changed Circumstances which materially affects the

applicant's eligibility for asylum may include but not limited to First: changes in conditions in

the applicant's country of nationality 8 C.F.R. 208.4(a)(4)(A) or Second: changes in the

applicant's circumstances that materially affect the applicant's eligibility for asylum including

8


128/171

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10:09

FAX

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21027/0

changes in U.S. activities that place the applicant at risk

of

persecution in his country. 8 C.F.R.

208.4(a)(4)(B).

First: Changes

In

Conditions in the Applicant 's Country

of

Nationality:

The very first sentence on The Annual Report

of

the united States Commission on

International Religious Freedom on Egypt starts with a clear and unmistakable statement:

"Serious problems of discrimination, intolerance, and other human rights violations against

members of religious minorities, ... remain widespread in Egypt". The report specifically states

that"

.. Islamic extremism

is

advancing

in

Egypt with detrimental effects on the prospects for

democratic reform, religious tolerance, and the rigltts ofwomen nd girls .

6

(Emphasis added).

Compared to the corresponding report

of

1999 which states

in

the first paragraph as, simply as a

factual matter, that "Islam is the official state religion and primary source of legislation".

Repotts from individuals and organizations and news media demonstrate a growing, systematic

and methodical suppression and deliberate persecution of the Coptic Christians in Egypt aimed at

eradicating

all

other religions, either by forced conversion

to

Islam or

by

torturing and killing.

Starting with the most recent account on October 14, 2005, three thousand Egyptian Muslims

and Egyptian Police Officers surrounded a Coptic Orthodox Church in Alexandria, Egypt, to

protest and intimidate the congregation because the church produced a live-action drama and

DVD "addressing Egyptian Christians' forced conversion to Islam"

Another account states

that there is a "rise in violent attacks by Islamic extremists" against Egyptian Christians.

8

The

6

Annual Report of the United States Commission on International Religious Freedom, May 2005, U.S. Commission

on International Religious Freedom, page I 05. (See Group Exhibit II).

7

See "Egyptians Protest Outside Alexandria Coptic Church'', News Report, U.S. Copts Association

W1W copts net

(Group Exhibit I I)

8

See "Egypt" by the Christian Solidarity Worldwide Foundation. www.cswusa.com/countries Egypt.htm (Group

Exhibit

II)

9


129/171

02/14/2011 MON 10:09

FAX 7189800768

121 28 o

account which was prepared in 2002 states that "state police and/or Muslim mobs are

increasingly becoming the perpetrators. Such violence has gone unpunished by the Egyptian

legal system

in

recent years"

9

.

The human rights organization "afro " published a report on the

Copts (Coptic Orthodox Christians) appeal to end persecution. The report addresses the

practices

in

the Egyptian government

of

treating Coptic issues as "State Security Matters" and

having what is known as the "Coptic File" under the State Security Intelligence Apparatus.

1

Countless accounts prepared by human rights activists and groups and news media address this

issue which is now growing beyond control. Reports

by

Reuters, Australian News Agency,

Boston Globe, Middle East Times, The Associated Press, The Washington Times and many

other news agencies have written about the blatant, systematic persecution and the continued

hate practices by the Moslem extremists against the Christians

of

Egypt.

The Toronto Sun

reports that "[t]he August bombings of four churches and a monastery in lraque, barely lifted the

veil on the"

precarious situation

o

Christians and other minorities in Muslim-majority

cou11tries.

2

(emphasis added). The article further accounts for a wife of a Coptic priest who

was abducted by Muslim fanatics and forcibly converted to Islam is not but a sample

of

the

practices acquired in Egypt of abducting young girls and women to force them into conversion to

Islam. The Freedom House Organization published a 57-page report detailing names and dates

specificity on the systematic and methodical widespread of incidents of violence against Coptic

Christians in Egypt at the hands of Moslem fanatics and, indirectly by simply overlooking, at the

9

See "Egypt" by the Christian Solidarity Worldwide Foundation. www.cswusa.com/countries/EgyP-t.htm (Group

Exhibit I I)

1

See "Egypt' s Copts appeal for end

to

persecution"

afiol

News. www.afrol.com (Group Exhibit II)

See "Islam ism Exposed

in

Egypt" a compilation

of

accounts

and

reports from different news agencies on the

subject. (Group Exhibit

II)

12

See "A Christian Exodus" by Salim Mansur, December 23, 2004.

www.canoe.ca/NewsStqndLj:.Q.Iumnists/Toronto/Salim See also Egypt- Persecution" Disappearing Christians of

the Middle East by lmad Boles, Middle East Quarterly, Winter 2 1 www.meforum.org (Group Exhibit 11).

1


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121030/0

accounts

on

the abduction

of

Christian girls and women in Egypt for force them into conversion

to Islam. These practices were not known to Respondent at the time he applied for Asylum.

However, the facts became known to him and to the rest ofthe world in the beginning of2001.

Respondent therefore did not include this claim in his original application for Asylum and he

now requests the Board to look into the overwhelming number of these accounts.

Second: Changes in U.S. Activities That Place the Applicant

at

Risk

of

Persecution in his Country.

In light of the tension between fundamentallslamist groups and the Bush administration,

it is not unreasonable to conclude that many

of

the

radical

Islamic groups believe that the

United States had declared war on Islam itself. As recently as October 6, 2005, President Bush

announced in his speech to the National Endowment for Democracy, that he began

new

era on

the war on terror. Mr. Bush occasionally mentioned radical Islam . Although Mr. Bush

distinguished in his speech between the religion

of

Islam and the so called murderous ideology

oflslamic radicals , this distinction can only be taken at face value by the non-fundamentalist

Moslems. However, to those radical Moslems the war is on Islam. Egypt is laden and

overloaded with radical groups such as Jamaa Islamya and Jihad and many others. The President

further pointed out that the Islamist drive to power consists of three objectives: 1 Ending

Western influence in the Muslim world 2) gaining control

of

Muslim govemments and 3)

establishing a radical Islamic empire that spans from Spain to Indonesia

8

Furthermore, the

British Prime Minister, Mr. Tony Blair, who is a strong,

if

not the strongest ally to the Bush

Administration, announced last July after the London subway and bus bombings with a focus on

religious ideology, a strain within the world-wide religion of Islam .

8

Bush Declares War on Radical Islam New York Sun, October II, 2005

by

Daniel Pipes. Group Exhibit 9

12


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Date: 3/14/11 Subject File Number: CO 703.

Name/Office/Phone

Workflow ID: 895842 Members Name: The Honorable Michael Grimm

Constituents Name:

Description of Inquiry: MTR for BIA

Contact Person: David Carr

Summary/Comments:

Forwarded the MTR to the BIA for any action they deem necessary and direct response

to the staffer.

Sent an e-mail to David from Congressman Grimms office, notifying him of the

jurisdiction of the BIA and the transfer.

No additional written action required.

HQ-OLA

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Date: 16 February 2012 Subject File Number: CO 703.

Name/Office/Phone

Workflow ID: 934820 Members Name: Rep Michael Grimm

Constituents

Description of Inquiry: the constituent contacted the congressmans office regardingthe denial of her appeal for Temporary Protective Status

Contact Person: David Carr

Summary/Comments:

E-mailed AAO for status. Heard back that she would contact the branch chief as case is ONPT.

2-16-12E-mailed staffer with the AAO information (see attached)

2-27-12Emailed staffer that the case has been active and to wait two weeks. If notice of action

not received, contact this office again (see attached).

No further action required.

HQOLA:

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