As you know, our attorney filed a writ of habeus corpus with Cooke County since Naz was not adequately informed about how his plea bargain in 2007 would definitely affect his immigration status. The hearing on Oct 21 to open this case was postponed. Instead of having a hearing, we’ve been extended an offer by the Cooke County DA.
I know MANY of you took off of work for Oct. 21 and missed out on pay, and also spent money on gas when your budgets are already tight. I paid $350 for my attorney’s flight– down the drain. I also missed out on an incredible opportunity to speak at a conference in Ohio about the separation of family due to our broken immigration system. Cedarville University was out $350 for my flight ticket as well, when in actuality, I could’ve been there otherwise.
Anyhow, moving on.
Monica (one of the attorneys at the firm who’s been working our case) got in touch with the DA at Cooke County, Mrs. Janice Warder. She explained to Janice how much of an injustice it was to have Naz plea guilty to an aggravated felony without even telling him the explicit details of what that means. (MANDATORY detention AND deportation, federal charge of an AGGRAVATED felony, not connecting him with an immigration attorney, etc) Janice said that she thought ALL drug possession charges were Aggravated felonies. Monica said “no, only the one with the wording of ‘intent to deliver’ or ‘distribute” or manufacturing. (I wonder if the previous DA in Naz’s case didn’t know this either?)
Janice then went on to say that they’re “not just going to drop the case” and Monica told her that that’s not what we’re asking for. If Naz had plead to a simple felony possession charge, with all the progress he’s made and his complete rehabilitation, he would almost surely be granted “withholding of removal” by DHS for all the positive changes and his new life. (She read me the list of all the positive equities they consider when granting withholding- Naz literally has 19/20, so it’s “in the bag.”)
Janice extended an offer but there’s a huge problem with it.
I cannot include details right now since this is still an open immigration case.
Note: If he doesn’t take this offer, it’s Singapore for life. we’d love to spend some time there voluntarily- but not be forced there and banished indefinitely from the US where our entire life is.
WHY IS THIS OUR ONLY OPTION?? The DA/Judge/Naz’s previous attorney is at fault for not consulting with an Immigration attorney and referring Naz to one also before he plead to the charge. Padilla vs Kentucky says specific things have to be said/done when dealing with a non-citizen, and they weren’t! That is THEIR mistake! Naz has a family and a future and SO much is tied to that now. It’s an entire community affected, a family torn, and a wife mourning the not-so-temporary loss of her new groom.
I don’t understand this “offer” at all. He’s already paid all fines and restitution. Has already paid thousands in probation fees thus far. Has completed 4 flawless years of probation.
We’re going to fight this just like every other injustice we’ve faced. I’ll be posting the address to write to Janice Warder so we can attest to Naz’s character and his effect on our lives, and shout that we ALL think this is outrageous and that Naz needs to come home. Enough is enough.
Once again, I apologize for the ambiguity. Just be in prayer.