Posted on 12/04/2012 3:17:11 PM PST by jazusamo
(CNSNews.com) -- The U.S Board of Immigration Appeals has agreed to reopen the immigration case of Onyango Obama, delaying the deportation of the 68-year old Kenyan who violated an order to leave the United States in 1992.
U.S. Immigration and Customs Enforcement (ICE) confirmed to CNSNews.com on Tuesday that Obama, who is the presidents uncle, was granted a rehearing last week and his case is being re-opened.
The Board of Immigration Appeals (BIA) remanded the case back to Executive Office for Immigration Review (EOIR) for reconsideration. It is inappropriate for ICE to offer any further comment on this case, Brian P. Hale, ICE assistant director for public affairs, said in a statement to CNSNews.com.
The Cleveland, Ohio-based immigration law firm of Margaret Wong and Associates, which is handling Obamas case, said the delay may allow the Kenyan national to apply to stay in the U.S. permanently.
We are delighted that the Board of Immigration Appeals has decided to reopen the deportation case of President Obama's uncle, Obama Onyango, Wong said in a statement.
Mr. Onyango now has an opportunity to stay in the U.S. and apply for permanent residency, the statement said. Mr. Onyango is the brother of the U.S. president's late father and came to the U.S. in the 1960s on one of the last boat lifts.
In 1989, an immigration judge ordered Obama, who has been in the U.S. since 1963, to be deported. He appealed and the appeal was dismissed in 1992.
Crystal Williams, executive director of the American Immigration Lawyers Association, said any move to reconsider a case is unusual when there is already an order for removal.
It isnt common for the Board to reopen a case when there is an outstanding order of removal, as there is here, particularly with a later DUI arrest. It happens, but not that often, Williams said in a statement to CNSNews.com.
CNSNews.com reported in July that an ICE internal e-mail obtained by the legal watchdog Judicial Watch had confirmed that ICE had granted Obama a stay of deportation to seek reopening of his deportation proceedings.
The e-mail, sent by ICE Assistant Director of Public Affairs Brian Hale to ICE Director John Morton on April 1, revealed that ICE had no immediate plans to deport Obama, in spite of a previous ICE order that granted Obama a stay of deportation until June 5, 2012.
Mr. Onyango is subject to a final order of deportation. ICE had granted him a stay of deportation effective until June 5, 2012, the e-mail reads.
The stay was granted to allow him to attend pending criminal proceedings and to seek reopening of his deportation proceedings, which concluded before the Board of Immigration Appeals on January 29, 1992.
Obama was arrested in Framingham, Mass., for DUI in August 2011. In March of this year, his case was continued for one year and his drivers license was suspended for 45 days.
According to the Boston Globe, Obama subsequently received a hardship license so he could continue working at his job as the manager of a liquor store.
appeal dismissed in 1992 and the guy is still here.
I am beginning to think we should delete all immigration laws. What good are laws which are not enforced?
I live in Cal where we have concierge service for illegal aliens.
Was hopin someone would really ICE the MF’r so they could just ship him back to Kenya in a box.
well the election is over and so is any bullshit that really counts for anything anymore
well the election is over and so is any bullshit that really counts for anything anymore
Homeland “Security” has got to go. It’s a bigger waste of taxpayer dollars than the EPA is.
DHS is a waste of money as is the EPA a waste of money but EPA costs tens to hundreds of billions with their arbitrary rule making.
These are two that the GOP needs to shove over Barry’s “cliff” first.
The stay will be in effect until he dies, thanks to nephew Ojumbo.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.