To: John Tsoukaris, ERO Field Office Director and Esther Olavarria, DHS Deputy Assistant Secretary
Release DACA-Eligible New Yorker Juan from Detention
We are asking that Juan de Jesus (A095-528-377) be released from detention so that he can fight his case from home with his family. Juan is DACA-eligible and his entire family is here, including his green-card holder mother Augustina, his four U.S. citizen siblings, and numerous aunts, uncles, and cousins. His U.S. citizen fiancé Alya Aboulhosn, whom Juan has dated since February 2013, attends all his court appearances and visits him in detention weekly. Juan is also a dedicated uncle to his two U.S. citizen nieces and U.S. citizen nephew.
Why is this important?
Juan de Jesus (A095-528-377) came to the United States from the Dominican Republic when he was two. Now, 27, Juan is a New Yorker with deep roots in New York and New Jersey. He graduated from Norman Thomas High School in August 2007, and worked at a bodega before his detention. His entire family is here, including his green-card holder mother Augustina, his four U.S. citizen siblings, and numerous aunts, uncles, and cousins. His U.S. citizen fiancé Alya Aboulhosn, whom Juan has dated since February 2013, attends all his court appearances and visits him in detention weekly. Juan is also a dedicated uncle to his two U.S. citizen nieces and U.S. citizen nephew.
Juan has had a hard time getting good legal help. When he tried to regularize his status, an immigration “worker” Vincent Gonzales never followed up with his case. In July 2010, the NY Attorney General obtained a judgment of over $6.25 million against Mr. Gonzalez for engaging in the unauthorized practice of the law and defrauding thousands of immigrants. In August 2014, Immigration and Customs Enforcement (ICE) detained Juan after he was convicted for drug possession. The criminal defense attorney who represented him was recently indicted for attempting to bribe Manhattan court staff. In September 2014, Juan’s attorneys appealed his conviction. Under immigration law, while the appeal is pending, the conviction (a felony for DACA purposes) is not “final,” and, as such, does not disqualify him from DACA. But ICE refuses to release him until the court decides the appeal, which could take up to two years. The DACA guidelines provide that while in ICE detention, Juan cannot apply for DACA though he fully qualifies.
Juan also has three possession of marijuana New York violations: two carry maximum penalties of only a fine and do not count as misdemeanors for DACA; and one counts as a non-significant misdemeanor for DACA. These NY violations do not disqualify him from DACA. Juan started using drugs in high school. Becoming homeless after his mother (at the urging of her then-boyfriend) kicked him out of her apartment exacerbated his drug use. If Juan is released, he is determined to stay clean, and has already been accepted into a drug treatment program in New Jersey where he will live with his fiancé.
Juan is also seeking asylum. His hearing was scheduled for June 2015, but because the judge assigned to his case retired, the court rescheduled for December 2015. Juan will have been detained for over a year and four months before his hearing. He has already been in detention for ten months. His attorneys filed a habeas petition in federal court on June 16, 2015, so that Juan may be released while he fights his case. That petition is pending.
Please sign and ask ERO Field Office Director John Tsoukaris to release Juan from detention so that he can fight his case from home with his family.
Juan has had a hard time getting good legal help. When he tried to regularize his status, an immigration “worker” Vincent Gonzales never followed up with his case. In July 2010, the NY Attorney General obtained a judgment of over $6.25 million against Mr. Gonzalez for engaging in the unauthorized practice of the law and defrauding thousands of immigrants. In August 2014, Immigration and Customs Enforcement (ICE) detained Juan after he was convicted for drug possession. The criminal defense attorney who represented him was recently indicted for attempting to bribe Manhattan court staff. In September 2014, Juan’s attorneys appealed his conviction. Under immigration law, while the appeal is pending, the conviction (a felony for DACA purposes) is not “final,” and, as such, does not disqualify him from DACA. But ICE refuses to release him until the court decides the appeal, which could take up to two years. The DACA guidelines provide that while in ICE detention, Juan cannot apply for DACA though he fully qualifies.
Juan also has three possession of marijuana New York violations: two carry maximum penalties of only a fine and do not count as misdemeanors for DACA; and one counts as a non-significant misdemeanor for DACA. These NY violations do not disqualify him from DACA. Juan started using drugs in high school. Becoming homeless after his mother (at the urging of her then-boyfriend) kicked him out of her apartment exacerbated his drug use. If Juan is released, he is determined to stay clean, and has already been accepted into a drug treatment program in New Jersey where he will live with his fiancé.
Juan is also seeking asylum. His hearing was scheduled for June 2015, but because the judge assigned to his case retired, the court rescheduled for December 2015. Juan will have been detained for over a year and four months before his hearing. He has already been in detention for ten months. His attorneys filed a habeas petition in federal court on June 16, 2015, so that Juan may be released while he fights his case. That petition is pending.
Please sign and ask ERO Field Office Director John Tsoukaris to release Juan from detention so that he can fight his case from home with his family.