Stop deportation of stateless United States residents
I am a stateless person seeking entry into the United States to ensure that I can be present for the reopening and rehearing of my asylum case. I was born in the former U.S.S.R. and have resided in the United States for about 16 years after entering on December 12, 1995 on a B1/B2 visa as citizen of ex Soviet Union. In February 1996, I applied for asylum on basis of ethnicity (Armenian) and religion (Christianity) during the war between Azerbaijan and Armenia caused in part by anti-Armenian sentiment by muslim populated Azerbaijan along with significant persecution and discrimination towards Armenians, Russians and openly practice gay population in Muslim populated Turkmenistan (part of former Soviet Republic). I never brought the issue of being gay during my asylum hearing in 1996 as I was not aware about gay situation in US and was scared to open myself, was afraid of being humiliated or worth hated. My applications for asylum and withholding of removal were denied on October 17, 1996. I was granted voluntary departure and told to leave by November 18, 1996. I could not leave United States due to circumstances beyond my control as I found myself stateless without country.
I tried to get travel documents on numerous occasions from former republics of U.S.S.R. including Russia, Armenia, Azerbaijan and Turkmenistan but received denials each time. The Consulate of Azerbaijan in Los Angeles in written denied my request for travel document and citizenship and I.C.E. in Los Angeles has the copy of that letter. The Department of Homeland Security later released me under Order of Supervision in 2003 ( I continued reporting for supervision through my last report in October 2011) after their efforts to secure travel documents for me also failed. When U.S.S.R. dissolved, I considered a citizen be neither Russia or other former republics of Soviet block due to their newly adopted citizenship law after gaining independency from Soviet Union. The UNHCR, learning of my situation, identified me as a person of concern to them because of my stateless status.
I applied for and received visitor permit to enter American Samoa and entered on December 29, 2011 for a New Year holiday vacation. I believed that I could travel to American Samoa without being considered departing the United States after being told by immigration authorities in Los Angeles that it was not a problem getting to American Samoa as long as I could obtain travel permission from American Samoa Government since American Samoa considered a territory not a state, which I did. During my visit to American Samoa I also traveled for one day to Western Samoa. I had no idea that Western Samoa was independent state until I arrived there, I thought that Eastern and Western Samoa was part of United States territory of American Samoa. I was denied trying to board my flight from American Samoa to Los Angeles via Honolulu on January 2, 2012. This is when I first was made aware that I could not return.
During my trip, my pro bono attorney, Ms. Lauren Gibson, Esq. was contacted by Department of Homeland Security’s Immigration and Customs Enforcement, Office of Chief Counsel that they wanted to initiate a motion to reopen my asylum case. I would be able to bring new evidence, especially in light of the fact that I am gay without country and face severe persecution if ever able to be forced to return to any country of the former U.S.S.R.
The UNHCR and U.S. Department of Homeland Security identified me as part of a vulnerable population because I am stateless. I must return to the United States so I am present for my reopened immigration court proceedings. I must make sure I have a chance to give new evidence about why I must receive asylum.
As a stateless with no papers to enter another country as refugee or asylum seeker I am like a bird with nowhere to rest on the ground, but which can't spend his whole life in the sky. Only the oceans, the skies over my head. I cannot legally enter another state where I face the same illegalities which I face in the deporting state. United States was my home for 16 years, my life, my education, my carrier where I strongly established ties to the community in Houston, TX where I lived before and in Los Angeles, CA where I lived before my short vacation trip to the U.S. territory in South Pacific.
My asylum claim was viewed as important enough to reopen by ICE. They initiated the desire to reopen my case. It would be counter to the opinion of a Department of Homeland Security agency to allow me to receive humanitarian parole so I can be present for my case.
American Samoa has no immigration or refugee system. I am stuck in limbo unless I can return to the United States and present my case before the immigration courts.