Posted on 10/14/2009 10:33:34 PM PDT by cyn
Check out Mohamed Bary's missing immigration documents. Mr. Bary lost his application for amnesty. He lost his appeal for reconsideration of the administrative law judge's denial of that amnesty application, (or, application for change of status to temporary resident legal alien, to be more precise.) Mohamed Bary made contradictory allegations as to his residency, and he obviously committed perjury.He and his family are subject to immediate deportation and further exclusion. He claimed he came to America to tend to Rifqa's eye, when in fact he came illegally through Mexico (according to the document) and the "doting" father never got Rifqa medical treatment.
For the several months the attorneys for Rifqa Bary's parents have been promising to produce their immigration documents. And yet they still have failed to produce them. First, Craig McCarthy (since discharged) and then the new, improved, CAIR-approved Shayan "Shaytan" Elahi repeatedly promised to produce them here and here and here and here. The Barys have ten days before they are in contempt of court. My money says they are going to say the documents are lost.
Perhaps the Barys have not provided the documents because they are here illegally, as these Department of Homeland Security documents show.
Yesterday Judge Daniel Dawson laid down the law and said in no uncertain terms that Rifqa would not be returned to Ohio until the immigration docs were produced.
Shayan "Shaytan" Elahi claimed yesterday that there were no docs to submit. The judge said they got into this country, he wants that paperwork. Apparently only two pages of Aysha's passport were submitted.
Judge Dawson insisted, "the court would feel lot better if these documents were here, before it gives up jurisdiction." And Rifqa's GAL Krista Bartholomew said that Rifqa Bary runs the risk of deportation if she takes public transportation anywhere in this country.
Elahi is got very nasty with the judge when he insisted on getting the immigration paperwork. "You and your client didn't supply it. I want it before this child leaves Florida," said Dawson.
Elahi accused Rifqa's attorney of "religious predatory practices" and accused Stemberger of wanting to kidnap her, "squirrel her away".
Bottom line, Dawson said it is the parents' fault for not getting the immigration documentation. He doesn't plan to release her until he sees it.
Bary has been in the United States illegally since the date of his entry, and until now. He is an illegal alien, subject to deportation and further exclusion. Simple as that.
Updated information and investigation with documentation on the status of Rifqa Bary's immigration papers ...The source info has links and supporting information; this is only a portion of material.
This is way more than a blog, but I'm constrained to post it here.
Posted here on FR in hopes that many people will see this work. The immigration documents have been an ongoing concern, and central to whether Rifqa Bary will be returned to her family in Ohio.
Bump
My money is on a bunch of gun-toting DHS thugs showing up to put father and daughter on a charter flight to Sri Lanka, never to be heard from again.
Thank you. This is an outstanding column with its documentation. I have only a portion of it here, and none of the photos/documents that are at the source http://atlasshrugs2000.typepad.com/
sure does....how long has he been here??? I forgot we cant ask questions like that
Can we deport him and give his kid asylum?
That’s what I’m hoping for...
Guy is a boil on the body of life and needs to be lanced.
deport his ass and grant the daughter sanctuary.
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Can’t she apply for asylum? She would certainly be eligible under religious persecution if she was returned to Sri Lanka?
So it appears the immigration papers the FL ordered produced will not be forthcoming. If you read between the lines of what was said at the Oct. 13 hearing, I would bet the judge and GAL Barthlomew had more than an inkling the Bary’s immigration status was defective.
I’m not sure how this will play out. On Oct 23 they go back to court and the Barys may not be able to continue a stonewall act on the papers. Will they continue to claim the papers can’t be located or they have turned over “all the papers they have” now that these docs have shown up on the internet? Or will they claim the papers are irrelevant to the jurisdictional issue as between FL and OH? Can the FL court continue to retain “emergency jurisdiction” based on the absence of the immigration docs or on the basis that the Barys, including Rifqa, may be subject to deportation?
I don’t know the answers, but I do believe that if the FL judge follows through on his vow not to release the child until the papers are produced, the Bary’s only recourse would be to seek mandamus in a higher FL court. I would say we are looking at a delay of 2 or 3 months if that happens. Rifqa gets ever closer to the magic age of 18.
http://www.foxnews.com/story/0,2933,566842,00.html
They have to get her back to OH first.
Thank you, cyn. I just remembered you had pinged me to this. Rifqa’s parents are illegals, the whole family is. Worse yet, the Barys entered through our porous southern border..... Grrrrrr.....!!!!!
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