Letter To The Executive Office Of Immigration Review

October 24, 2010

Dear Executive Office of Immigration Review,

I am a United States citizen and my Guatemalan husband, Pedro Perez Guzman (A#072540471) has been wrongly detained in Stewart Detention Center for more than a year.  We have been together for more than 10 years and married for six.  Our American born son turned 4 years old this week and asks for his father everyday.  Pedro is eligible for NACARA (Nicaraguan Adjustment and Central American Relief Act) relief.  In this letter, I will explain why Pedro Perez Guzman should be released immediately.

I have attached several documents for evidence, the first is a document from Board of Immigration Appeals recommending a bond for Pedro and the second is a decision by Judge William Cassidy disregarding that recommendation. There are many incorrect statements in Judge Cassidy’s ruling. In addition to those two documents, enclosed you will find evidence that Pedro Perez Guzman has been receiving work visas over large number of years. A document including evidence of Pedro’s misdemeanor charge being vacated is also included.

In the document containing Judge Cassidy’s decision to deny bond, page 3, in Section II, “Discussion”, Judge Cassidy states that Pedro “has evaded immigration officials for over 10 years following his illegal entry into the United States.”  That is untrue.  In reviewing his immigration file and enclosed, you will find evidence of his work visa application approvals for many, many years.  “Immigration officials” have known of his location for over 10 years because of his application and approval by immigration every year. His correct address has been contained in every application and approval.

In paragraph 5 of section II ”Discussion”, you will find  Judge Cassidy states “Therefore, Respondent’s ties to the United States and his long history of evading immigration officials and maintaining a unlawful presence are factors which the Court views as increasing his potential flight risk.” Mr. Guzman has NO long history of evading immigration officials and has maintained a LAWFUL presence.  As to the ties to US citizens being a reason to flee, Pedro and I, as his American born wife, have filed taxes and worked consistently for many years.  Since I am an American citizen, there are many ways to find me through my social security number and family ties.  Most of Pedro’s family is also here and all that are present in the US have documentation.  With numerous ties, Pedro is easy to locate and would not be a flight risk.  Pedro is an honest and hardworking man.

In paragraph 6, section II the “Discussion”, Judge William Cassidy states “the Respondent has two convictions, on December 15, 1998 and February 22, 1999, for offense of Possession of Marijuana (not more than 28.5 grams)”.  These misdemeanor convictions were over 10 years ago and they happened when Pedro was a teenager.  The 1999 conviction has since been vacated by the San Luis Obispo County, CA court (see attached document) due to the fact that Pedro was not informed of the effect the charge could have on his immigration status.

In addition, on page 4, Section II, of “Decision of the Immigration Judge” under section “Statement of the Law and Findings of the Court” in the last paragraph, Judge Cassidy states “it would remain an incomplete form of relief because he would remain ineligible for adjustment of status due to his felony drug convictions.”  The charges in question were misdemeanors, NOT felonies, and one was subsequently vacated.  The NACARA statute cites an aggravated felony but not a misdemeanor as disqualification from relief.  The distinction is important.

These blatant errors in Judge William Cassidy decision have caused my husband to continue to be detained at the cost of an enormous amount of tax payer’s money.  Please grant my family justice and release my husband.

Sincerely,

 

Emily Nelson Guzman

 

  • Logansdad.org, a website dedicated to Pedro’s case has received 5,396 hits since May 2010.
  • The Change.org petition, asking for Pedro’s release, has received more than 900 signatures. 
  • Janet Napolitano received over 600 postcards and letters requesting Pedro be set free.
  • Newspaper, radio, television and online media have all covered Pedro’s story.
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Information

Stewart Detention Center is where Pedro was detained.

NACARA is the type of relief Pedro was granted. Click here to find out what it is.