SARGSYAN FAMILY ARCHIVE
Please click the links below to read archived stories
THE BEGINNING OF THE END - April 3, 2005
SARGSYANS RECEIVE IMMIGRANT LIBERTY AWARD - March 11, 2006
FANTASTIC NEWS FOR NVART - January 24, 2006
STATUS OF OUTSTANDING INITIATIVES - December 2005
US SENATOR KEN SALAZAR MEETS WITH SARGSYANS - August 18, 2005
CONFERENCE WITH THE SARGSYAN'S ATTORNEY - July 1, 2005
SUSAN SARGSYAN'S HEARING - May 16, 2005
SARGSYANS DENIED VISAS - April 6, 2005
BIA REOPENS CASE FOR FOUR FAMILY MEMBERS - February 25, 2005
UPDATE FROM JOAN CHISMIRE - January 10, 2005
SARGSYANS FREE, RETURN TO RIDGWAY - December 10, 2004
"FOR FREEDOM'S SAKE " RAISES $16K - November 23, 2004
STUDENTS RALLY IN SUPPORT OF SARGSYAN FAMILY - November 23, 2004
THE BEGINNING OF THE END!
April 3, 2005
On Monday, April 3, we received word that the T Visas were approved for Meri and Ruben! To review, the T Visas are for victims of human trafficking. The Administrative Appeals Office (AAO) of the Vermont Service Center (Citizens Immigration Services) found substantial evidence that they were victims and overturned the lower office earlier denial of the visas. We have been told that this may be the first time ever that these visas have been granted on appeal! But, the approval contains VERY strong reasons from the AAO for the granting of the visas.
One of the comforting things about this ruling is that we believe that, finally, there is formal recognition that this family was victimized and that the real criminal activity was committed by their abuser - not them!
It should be only a matter of time - and hopefully not too long a time - before Susan, as a derivative of Ruben, and Hayk and Gevorg, both as derivatives of Ruben (as is Meri) are granted these same visas. We will follow up closely with this and report progress as we have it. But, their cases are the same and the ruling has been given. So, we hope that the precedent is established. Hayk and Gevorg are also protected as Max's adopted sons and, when Nvart gets her formal status, likely in June, they would be protected and achieve status that way, as well. In February, Nvart prevailed in Immigration Customs Enforcement's (ICE) challenge of her court win in November, 2004 and will now proceed to a Green Card and the path to citizenship by November, 2007.
And so, we are almost there - the beginning of the end! But, we will all stay closely involved until the entire family has their status in hand.
Our law firm believes that this case will make a difference in the way similar cases are handled by our immigration agencies in the future.
Once again, to all of you who have helped with your good wishes, prayers and financial support, we all give our sincere thanks. It would have been impossible for us to prevail without it.
- Pete Whiskeman
SARGSYANS RECEIVE IMMIGRANT LIBERTY AWARD
March 11, 2006
The entire Sargsyan Family attended a dinner at The Mercury Café in Denver Saturday, 3/11. At the dinner, they were among 5 recipients of The Immigrant Liberty Award given by the American Immigration Lawyers Association ("AILA") and the Rocky Mountain Immigrant Advocacy Network (RMIAN).
RMIAN (www.rmian.org) is a philanthropic organization tasked with assisting immigrants similar to the Sargsyan family when they have no support to turn to or financial aid to hire legal counsel. Besides being an award dinner to recognize the courage with which these particular families or individuals have battled significant abuses by the immigration process, the dinner was also a fund raiser for RMIAN to assist them with their mission.
Gevorg Sargsyan spoke on behalf of the family and thanked AILA and RMIAN for the award. In his talk, he cited and praised all of the support they have received form Ouray County and he said that this represents an America that his family wants so much to become a part of.
Jeff Joseph is our principal attorney. His wife, Kirby, also works at the law firm as do Chris and Hans. Chris and Hans have also been very involved in the family's legal defense.
Pete and Donna Whiskeman and Sherry Morgan are members of the family's support team in Ouray County.
FANTASTIC NEWS FOR NVART
January 24, 2006
Late Tuesday, January 24, our support team received word from our attorney, Jeff Joseph, that the Board of Immigration Appeals (BIA) has dropped Immigration Customs Enforcement's (ICE) appeal of Nvart's court victory in November, 2004! The struggle is over for Nvart except for a few security checks and other miscellaneous administrative details. Once these checks clear, Nvart will be granted lawful permanent residence that will be backdated to the date of the judge's original order in November, 2004.
Technically, the government has 30 days to seek a Petition for Review in the Circuit Court, but Jeff does not think that will happen.
With Nvart now close to permanent residence, Jeff will apply for parole status for both Gevorg and Hayk. ICE may challenge the adoption by Max and Nvart that makes this possible, but Jeff believes that we have plenty of ammunition to battle that.
The backdating of the lawful residence is important as the clock for citizenship for Nvart starts at that time. This now means that Nvart will be eligible for citizenship in November of next year! She can actually begin that process 3 months prior to that date. Once she is granted citizenship, Gevorg and Hayk will be able to apply for permanent residence through Nvart.
So, a giant leap forward!
- Pete Whiskeman
STATUS OF OUTSTANDING INITIATIVES
December 2005
This update will review the status of all of the outstanding initiatives that are progressing on behalf of the Sargsyan family.
At this time, all information that Customs Immigration Services (“CIS”) has requested for our appeal of the initial denial of T Visas for all members of the family is in and the appeals are being adjudicated. Based upon the questions and the requests for information that our attorneys have received from CIS regarding these appeals, our attorneys are quite optimistic.
As has been the case for some time now, whenever we have run into a stone wall at the lower levels of the immigration courts and, especially, Immigration Customs Enforcement (“ICE”), we have had success in the appellate process. We are very hopeful that we will have the same experience with CIS on the T Visas for the entire family. We should hear on these appeals within 15 - 60 days.
The same holds true for ICE’s appeal of Nvart’s Immigration Court win in November, 2004. Our attorneys believe that the appeal filed by ICE did not follow their own guidelines for such appeals. To file an appeal, they are required to have supporting testimony from at least one party other than the abuser (Vaughn Huckfeldt), or a member of his family, against Nvart and all of the testimony and affidavits that we have to support her story. When we received the final brief from ICE on their appeal, just as we suspected, there is NO supporting testimony or evidence from anyone other than Huckfeldt. We believe that they had NO BUSINESS filing that appeal other than to just delay the outcome by as much as 18 months due to the backlog at the Board of Immigration Appeals (“BIA”). Unfortunately, they are using our taxpayer dollars for this abuse of the process with no apparent accountability. Our attorneys are considering filing a complaint against ICE, but it, too, must work its way through the BIA process and would take longer for a decision than the decision that we expect on the appeal itself. But, our attorneys are very confident that Nvart will prevail. We expect a decision on that in the second quarter of 2006. All work is done on this except that amicus briefs are being filed by consultant groups who have reviewed the case and have totally agreed with our attorneys.
The court dates for new hearings for Susan, Ruben and Meri have been pushed out into 2006. If we prevail on the T Visas and Nvart’s appeal, these court dates would not be necessary. Gevorg and Hayk will be protected through both the T Visas and Nvart’s win.
Ruben, Meri, Hayk and Gevorg now ALL now have Work Authorizations, Social Security Numbers and legal drivers’ licenses! This enables any of them to work legally at any jobs they are qualified for.
Gevorg is an honor student in Chemical Engineering now completing the first semester of his junior year at CU. By attending summer school this past summer, he has almost regained what was lost when ICE detained him, Hayk, Meri and Ruben for a month last year causing him to lose the first semester of his sophomore year. He now expects to graduate with his class.
Hayk is just completing the first semester of his freshman year, also at CU.
Slowly, inch by inch, together, we are making progress for the family.
- Pete Whiskeman
US SENATOR KEN SALAZAR MEETS WITH SARGSYAN FAMILY
August 18, 2005
On Thursday August 18th , Sen. Ken Salazar made time to personally meet and talk with the entire Sargysan family outside of the Ridgway town hall prior to his pre-arranged town meeting to discuss the new Federal Energy Bill and other Washington related subjects.
In addition to the parents, Reuben and Susan, all of their four children and one grandson were present to shake hands and briefly discuss their ongoing battle with the immigration authorities to gain citizenship in the US.
The two sons, Gevorg and Hyak delayed their scheduled return to the University of Colorado in Boulder where Gevorg is commencing his third year as a Chemical Engineering student and younger brother Hayk, who graduated this year from Ridgway High School, will begin his freshman year. Also present were daughters Meri from Ridgway and Nvart from Ouray, who brought along her son, Joseph.
Sen. Salazar acknowledged their plight and wished them all well for the future as he spoke to them as a family and to each individually. Staff at his offices in Grand Junction and in Denver are assisting where possible with the family’s battles with the immigration process and are fully aware of the difficulties and frustration that the family has faced and is continuing to face in their long struggle to become US citizens.
- Pete Whiskeman
SUMMARY OF TELEPHONE CONFERENCE WITH THE SARGSYAN'S ATTORNEY
July 1, 2005
This update follows a telephone conference that was held with the attorneys at The Joseph Law Firm on June 17, 2005 and is intended to update each of the various initiatives that are in process for each member of the Sargsyan family.
1. Political Process
On June 7, 2005, a senior member of Sen. Ken Salazar’s Denver office staff, Ms. Romaine Pacheco, met with the staff and legal counsel of the ICE (Immigration and Customs Enforcement) Denver District office. Mr. John Whitney of Congressman John Salazar’s Durango office had also intended to attend the meeting, but that date for the meeting had been changed to a date that conflicted with his ability to be there in person. He asked to attend by telephone and ICE refused. Romaine is very well versed in the immigration processes and with ICE.
With Max’s tragic death in March, Nvart must have her status to begin to collect on Max’s Social Security benefits. They are accruing for her as of March 7, 2005, but she will not receive them until she has status. This was another reason why it was critical to ask ICE to drop the appeal.
We have long believed that ICE did not have any real and accurate detrimental information on the family despite their claims that they did. One hope for the meeting was to air anything out that we did not know about so that, whatever it might have been, we could address it.
In the meeting, ICE refused to drop their appeal. ICE revealed that the 2 things that they say are detrimental to the family and are their reasons for pursuing the cases so vigorously are their belief that Nvart committed marriage fraud when she married Vaughn Huckfeldt and that the rest of family is guilty of being duplicitous in the fraudulent obtaining of the visas when they had to flee Armenia for their safety. Going into the meeting, we believed that this is all they thought they had and that there was nothing that we did not know about. The meeting confirmed this.
The family and all of us that have now been familiar with the family’s cases for over a year believe that both of these claims by ICE are bogus!!! The most obvious is the claim of marriage fraud by Nvart. For ICE to believe that she married Huckfeldt only to get to the US and to get a Green Card says that they believe that Nvart is lying and Huckfeldt is telling the truth! This is frankly bizarre! Nvart has won this argument in court twice! There is so much testimony and evidence in support of Nvart and against Huckfeldt that you have to wonder if the ICE staff and counsel have ever read any of it. How many people testifying against him does it take to make believers of ICE? Just in the last 30 days, two additional women in our area have come forward with stories of how he either swindled them or stalked them to the point where they moved away. We have also been contacted by people in Latvia and Germany who say that he is still running his cons over there.
We and the family believe that the claim of visa fraud is equally bogus. Once again there is so much evidence that points to the fact that the family had to flee Armenia for their lives to escape persecution and danger from the mafia who was trying to collect from them on Huckfelt’s debts after he had conned others in the community. Huckfeldt had fled Armenia with Nvart and Joseph by that time and the family was left behind to deal with the consequences of his actions. Nvart begged him to get visas for the family to escape and come to the US and he finally relented and did get the visas for them. The family claims that they NEVER knew or understood that the visas that he was getting for them were, in fact, not legal visas.
Unfortunately, long after they had come to the US and had escaped from Huckfeldt, Huckfeldt went to the INS and turned them in as having come in illegally on these visas – the very ones that he had arranged for them. For whatever reasons, the INS decided to go after the family – the victims – instead of the criminal! When the family hired an attorney to fight this process, that attorney amazingly consented to the INS’s charge that the family had participated in the visa fraud. The family was NEVER aware of this. The attorney was later disbarred for his unethical treatment of the family. Worse, the second attorney that the family hired before we became involved in assisting the family, also consented to the visa fraud charges. The family claims that they were again NEVER informed of this and in fact would NEVER have agreed to the attorney’s consent to the visa fraud charge. We and our current attorneys only became aware of these consents to the visa fraud by the previous attorneys this past winter.
But ICE has held onto this consent by the prior attorneys of the visa fraud again despite all of the evidence that refutes the claim.
2. T and U Visa Appeals
There has been recent dialog between the Vermont Service Center that is processing the T Visa appeals and our attorneys and we are very hopeful that these visas will be approved, especially for Nvart. If hers is approved, both boys would also be protected because Gevorg was 20 when the applications were submitted. The appeals for the U Visas are being prepared.
3. Susan Sargsyan’s Hearing and New Hearing for Meri, Gevorg and Hayk
Susan’s hearing has been rescheduled to March 17, 2006.
4. ICE’s Appeal of Nvart’s Case
ICE is currently preparing their brief for the BIA’s (Board of Immigration Appeals) review and decision on ICE’s appeal of Nvart’s court victory last November. Their brief is due prior to the end of July, 2005. Our attorneys will then have approximately 30 days to file their brief in response. It will then go to the BIA for a decision. We are optimistic as ICE’s appeal is based upon their claim of marriage fraud by Nvart as mentioned in #1 above and we all believe that there is no merit to that argument. Our biggest concern is how long the BIA decision process may take – anywhere from four months to a year or more due to their backlog. Because this case was heard in November, 2005 when Gevorg was 20, both Hayk and Gevorg would be protected if Nvart prevails.
5. Widow Petition for Nvart
There is an avenue for a Green Card that Nvart qualifies for as the surviving spouse of an American citizen as a result of Max’s death. That petition will be processed by the Vermont Service Center where the T and U Visas are being adjudicated. If Nvart were granted status as a result of this petition, Hayk would also be protected as he would still be under 21 on the date the petition is filed. Gevorg would not be as he turned 21 in May.
Summary
All of the above processes are moving forward in parallel. When Nvart prevails on any of these initiatives, the clock will start for her and the boys toward citizenship. That waiting period is three years and she can apply for citizenship three months before the end of the 36th month. For the ICE appeal of Nvart’s court win, the clock started for Nvart in December, 2004! If she prevails on the appeal, she would be eligible for citizenship in December, 2007. At that time, she can protect both of her parents. We believe that we can protect Meri if we then have the other five members of the family protected.
We are staying in touch with the staffs of both Sen. Ken Salazar and Rep. John Salazar as they are now very much up to speed with the entire history and have indicated to us their very strong support for the family especially now that they have all of the facts and history of the cases. We will attempt to bring in both Sen. Allard and Rep. Udall to give even more weight and bi-partisan political support for the family.
While we believe that the bulk of the legal costs are behind us, we now desperately need to replenish the legal support fund for the family’s ongoing defense. ICE is using our taxpayers’ money with no apparent accountability to continue the fight against this family despite even Senator Salazar’s staff’s request that they stop. We cannot allow them to be successful! We will be sending out an update and a fund raising request to our Ouray County community the week of July 4.
- Pete Whiskeman
SUSAN SARGSYAN'S HEARING
May 16, 2005
On Monday, May 16, we met with Jeff Joseph and Paige Gardner, our lead attorneys, at 8 am to go over all of the last details for the hearing. All were prepared and confident that we would succeed and that Susan, and by the spousal connection, Ruben would be given status. The attorneys had retained 2 experts to testify on Susan's behalf. The first is an expert on the political climate in Armenia and she was prepared to testify that, in essence, there is no doubt that the family has not exaggerated the danger they face if they are returned to Armenia. In fact, it sounds as if the danger is stronger than any of us may have really believed. The second expert was going to testify as to why it is that the family does qualify for asylum under all of the circumstances.
Two witnesses in Armenia were lined up to testify by phone to answer questions about their affidavits. The family and our team provided these affidavits to the judge about two weeks ago, overcoming considerable logistical issues, such as translations, notaries, etc. We had a third affidavit, but that witness is 80 and could not stay up late enough for a telephone interview. These affidavits were overwhelmingly powerful. You could not hear them without being moved and afraid for the family if they are ever returned.
So, we were ready and the family was really up for it. The court, however, was not. When we arrived at the courtroom and the hearing began, the ICE prosecutor immediately said that they were not ready as they apparently had not gotten the word that the hearing had been moved up to May 16 from October. The hearing was rescheduled last January and we believe that they DID receive the notice - but somehow it did not get to the folks there that needed to know. Susan's fingerprints had also not yet cleared the check process despite the fact that she had them done on 3/24.
Nevertheless, we could and would have proceeded and the judge simply would not have issued his final decision until the fingerprints do clear - something that should happen any day. However, the court had only reserved 1.5 hours for the hearing and, with the five witnesses that our attorneys were prepared to call, the judge felt that we could not have the hearing in that short amount of time. He said that he would be unable to reschedule the hearings that followed us, so, we had to agree to a hearing at a later date where a half day could be reserved. He was good enough to set the hearing for his first open half day in March, 2006, but then give Paige a list of several possibilities for people to switch with for hearings between now and then.
As disappointed and deflated as we all were, there is a potentially big positive with this reschedule. It is now possible and, perhaps likely, that we can combine Susan's hearing with the new hearing that was ordered for Meri, Gevorg and Hayk. We do not have a date set yet for that hearing, but we expect it anytime. The judge that had their case (Vandello) has been reassigned permanently to the cases for immigrants detained in the Aurora detention center. We believe that their case would then be re-assigned to either Judge Cordova (Susan's judge) or Judge Livingston (Nvart's judge from last November). We would be very pleased to see this and would then ask that the cases be combined since the defense is the same for both cases. This would save considerable time and money.
So, this was not what we had hoped for and wanted, but it is not all bad and may be a blessing in disguise.
On a second front, there is a meeting between ICE and Sen. Salazar's office on June 6. Congressman John Salazar's staff will also be in attendance. We are very fortunate here as the staff member in Sen. Salazar's office that our attorneys are working with is very knowledgeable on immigration issues and also knows the folks at ICE. We are very hopeful that the Salazars' staffs can work with the ICE office to mitigate whatever it is that has made them so zealous in trying to have the family deported despite the tremendous support the family has had in our community. We are also very pleased with the support that we have received from these 2 staffs.
In parallel with this, the attorneys have submitted appeals to the CIS (Citizen's Immigration Services) office in Vermont on their denials for the T Visa applications for all members of the family. T Visas are for victims of human trafficking. CIS also denied the U Visa applications and additional information is being gathered with the intent of appealing those denials, as well. U Visas are for victims of criminal activity and domestic violence.
- Pete Whiskeman
SARGSYANS DENIED VISAS
April 6, 2005
By Pete Whiskeman on behalf of the Sargsyan Rescue Team and the Ouray County Community
You are aware that the attorneys for the Sargsyan family had submitted the applications back in January for both the T and U Visas. The T Visas are for victims of crimes of human trafficking and the U Visas are for victims of crimes of domestic violence. About 10 days ago, our attorneys were informed by the Vermont office of the immigrations agency processing the T Visa Applications that they had been denied. Specifically, they found that the crimes committed against the family members "..did not rise to the level of a severe form of human trafficking."
However, in their denial of the T Visas, they did make a finding of fact that the family members were victims of crimes of domestic violence. Since the U Visas are processed by the SAME office in Vermont, albeit by different people, as the T Visas, we and our attorneys believed that we were being set up to have the U Visas approved.
We believe that there are errors of fact in the T Visa denials and we are considering appealing those denials.
Then, last week the attorneys received notice from the Vermont office that the U Visas were being denied because they did NOT find that the family members were victims of crimes of domestic violence. Same office, different people, different findings!! Our community is very disappointed at this inconsistency! And with the personal harm that could come to this family if they were deported back to Armenia, our community believes that this is neither right nor fair.
There are now areas to appeal this finding on the U Visas and the family's attorneys will do just that. The U Visas are new enough that there are really no regulations for an appeal process nor is there a higher appellate body to which we can appeal. We can send more evidence or try to convince them that they made an incorrect decision - especially when their own staff members that were evaluating the T Visas made a finding of fact that would support the granting of the U Visas.
In the interim, we are going back to our Congressmen and Senators for assistance. Specifically, we are going to ask them to call upon the Citizen and Immigration Services (CIS) Vermont Office to approve the U Visas based upon the findings of fact that the CIS staff processing the T Visas stated in their denial. We may also ask them to call upon this same office to approve the T Visas if we decide to appeal. We would like to have a bi-partisan press conference with the family members to make that request of the Vermont CIS Office. We are also going to ask them to consider sponsoring private legislation to put an end to this nightmare of suffering and expense that the family has endured. There is a real time model for this in New Mexico where a family that was scheduled to be deported from Taos has the bi-partisan support from both US Senators - Domenici, a Republican and Bingaman, a Democrat) and their local US Congressman, Rep. Tom Udall, a Democrat. By mutual agreement, Sen. Bingaman is actually sponsoring the private legislation to grant the family status. We will seek similar bi-partisan support from Senators Allard and Salazar and Congressmen Salazar and Mark Udall. (Mark Udall is Tom Udall's brother and is the Congressman from the Boulder area where Gevorg is in school. We have received support from the CU faculty, staff and Regents to call upon Udall for his assistance.) Similar to the case in Taos where they gathered 1700 signatures from the local community to support that family, we have gathered over 1500 signatures from Ouray County supporting the Sargsyan family. In Ouray County, that represents about 38% of our residents!! That happened because this family has touched so many lives here with their hard work, outstanding scholarship at Ridgway High School and caring for so many people in the community.
In addition to this process, the case for Ruben, Meri, Gevorg and Hayk was reopened by the Board of Immigration Appeals and sent back for a new hearing. That hearing has not yet been scheduled. The case against Susan has also been reopened and that new hearing is scheduled for May 16. Nvart won her status on November 17, 2004, but Immigration Customs and Enforcement (ICE) filed an appeal just before the deadline in December. The process of getting a decision on that appeal could take as long as another 6-8 months. Our attorneys are asking ICE to waive that appeal.
- Pete Whiskeman
BIA REOPENS CASE FOR FOUR FAMILY MEMBERS
February 25, 2005
The BIA (Board of Immigration Appeals) has officially reopened the case of the four family members (Ruben, Meri, Gevorg and Hayk) that were detained by ICE (Immigration and Customs Enforcement) last November. Before we and the Joseph Law Firm became involved, these 4 members had lost their case before Immigrations Court in Denver. A Final Order of Removal was issued for all 4 of them and thus, the detention by ICE on November 4, 2004 pending their actual deportation back to Armenia.
When Jeff took over as the attorney representing the family, he immediately prepared a Motion to Reopen this case and it was filed in September, 2004. On December 3, 2004, this motion was denied. Jeff appealed that denial.
As a result of this, the Final Order of Removal is now erased and these four family members no longer live under that day to day fear. It also gives us, the family and the legal team more time and more options to pursue. We are obviously VERY pleased by this development and are VERY thankful to the BIA for accepting the Motion to Reopen the case.
Here is the full text of the BIA's decision:
This case was last before us on December 3, 2004, when we denied the respondents' motion to reopen and remand. On January 2, 2005, the respondents filed a motion to reconsider and reopen. The request for oral argument is denied. 8 C.F.R. 1003.2(h). The motion will be granted.
A meritorious motion to reconsider points out an error of law or fact in the prior Board decision. See 8 C.F.R. 1003.2(b)(1). In addition, the Board has a limited jurisdiction to reopen a case on a sua sponte basis. 8 C.F.R. 1003.2(a). The Board's power to reopen or reconsider cases sua sponte is limited to exceptional cirucmstances and is not meant to cure filing defects or circumvent generally applicable regulations which deprive us of jurisdiction. Matter of J-J-, 21 I&N Dec. 976 (BIA 1997).
There are four respondents in this case, but since the relevant issues are similar, we need not address minor procedural and substantive differences in each respondent's case. In sum, the previous motion to reopen was denied on three specified grounds. First, we found that the respondents had not field the appropriate paperwork for the underlying relief sought. Second, we found that there were no affidavits to support the motion to reopen. In the motion to reconsider, counsel for respondent persuasively argues that, at the point in time during which we were considering the case, the respondents had made all appropriate efforts to apply for the relief sought, but the lack of a finalized application for "U visa" relief precluded them from fully complyging with the filing requirements. Additionally, respondents' counsel persuasively argues that the previous motion did, in fact substantially comply with the regulatory requirement that a motion to reopen be accompanied by "affidavits or other evidentiary material." See 8 C.F.R. 1003.2(c)(1). In light of the foregoing, we find that the respondents have established that the first two grounds on which the prior motion was denied did not, in fact, compel a denial of the motion.
The third ground for our previous denial was the lack of a sufficient likelihood of eventual success on the merits and the consequent lack of any need for further proceedings. Our prior finding that the respondents had not demonstrated that they had complied with filing requirements for relief is no longer relevant to the inquiry into whether the respondents have established a sufficient likelihood of relief on the merits. Upon examination of the evidence on the record, we now reach the conclusion that each respondents have established, at a minimum, a prima facie case that he or she may qualify for one or more of the various forms of relief sought. See 8 C.F.R. 1003.2(c)(1), supra.
We note that we do not consider this motion to be number barred. This is a motion to reconsider and not an impermissibel second motion to reopen. See 8 C.F.R. 1003.2(c)(2)(stating that an alien generally may file only one motion to reopen removal proceedings which must be filed within 90 days of the date on which the final administrative decision was rendered); see also 8 C.F.R. 1003.2(b)(2).
In light of the foregoing, the following orders will be entered.
ORDER: The respondents' motion to reconsider is granted.
FURTHER ORDER: Proceedings are reopened and the record is remanded to the Immigration Court for further proceedings.
fn: We do not address the respondents' general request that these proceedings be remanded separately; an appropriate motion may be filed with the Immigration Judge.
- Submitted by Pete Whiskeman for the Sargsyan family
UPDATE FROM JOAN CHISMIRE
January 10, 2005
There is a possibility that the October court date set for Susan Sargsyan might be moved to mid-May, subject to the judge's granting of the motion. This will still allow the attorney's enough time to get her case ready. Attorneys for Mrs. Sargsyan will be requesting asylum, and are working to secure experts to give testimony on her behalf.
Congressman Mark Udall's office was contacted and was asked whether the Congressman would help with private legislation to help with the Sargsyan case. (When private legislation is formally introduced, the deportation process stops). A spokesman from his office stated that while not commenting on whether this case is worthy, although certain that it is, Congressman Udall does not get involved in these cases of legislation, because, as the spokesman said, it is too difficult to determine who is deserving and who isn't.
Members of the Faculty, the Administration, and at least one Regent from CU, Udall's district, where Gvorg is a student, contacted Congressman Udall's office in December requesting assistance.
In pulling up the Congressman's official government website, included in text is a reference made to his choices: In describing Udall’s work the Denver Post calls him “a tireless worker” and says he has “been effective largely because he puts the public’s business ahead of partisan concern.”
It is difficult for many in this community to understand why Senator Allard's office, and now Congressman Udall's office remain hesitant in following through with private legislation that would put an abrupt end to this family's relentless struggle from deportation toward citizenship. After all, this community has already obtained over 1500 signatures, waged a protest rally, secured the best legal counsel for the family, raised money with fundraisers for a portion of the legal costs, and continue to write and E-mail state representatives, Homeland Security, and the newspapers for support and assistance in these matters.
It is our understanding that private legislation in New Mexico is being put forward and being sponsored by NM Senator Jeff Bingaman and supported by Congressman Tom Udall (Mark's brother), and Senator Pete Domenici to help a family with similar deportation issues there (the family is in Udall's district).
The Sargsyan family is still vulnerable to deportation.
Packages of information have been sent to Congressman John Salazar's office recently and are now being reviewed.
Susan Wing will be driving the Sargsyans to Denver Tuesday to help the family check-in with ICE on their monthly required visit for Wednesday, Jan. 12th. Adam Dubroff has made arrangements for them to stay in a hotel that Adam's company manages in Denver Tuesday eve, with a return trip home Wednesday.
- Submitted by Joan Chismire for the Sargsyan family
SARGSYANS FREE, RETURN TO RIDGWAY
OurayNews.com, December 10, 2004
AURORA -- The Armenian family that has been in custody by U.S. Immigration and Customs Enforcement (ICE) since Nov. 4 was released Thursday, Dec. 9.
Gevorg, Meri, Hayk and Ruben Sargsyan had been held in the Aurora detention facility and faced deportation because of visa probems. There was no announced reason for their release, according to family friend Kelvin Kent, and the ongoing case remained unaffected.
"It's good news," said Kent on Friday. "It's sort of a supervised release, like bail with no money."
The release requires twice weekly phone checks and monthly visits to Denver.
Kent felt that ICE was being "besieged" by phone calls from citizens and the media; Friday morning the Sargsyans met with representatives from the Denver Post and the New York Times.
"I think it hit a high level and they don't want it to escalate any further," said Kent, "which should make the ongoing cases a little easier to handle. That doesn't mean to say we're home and dry, merely that the outlook is slightly more optimistic than it was."
According to Kent, friend Colin Lacy received the first phone call from Gevorg, informing him that the family had been released from detention. Lacy took the family to his apartment in Boulder, driving them later than night to Denver. In Denver, they spent the night at a motel owned by a Ridgway resident, meeting with the rest of the family members and friends.
Kent said the community has arranged a reception for them in Ridgway, scheduled for 1 p.m. in the town park.
A spokesman for ICE was quoted in Friday's Denver Post saying that the Sargsyans were released on orders from Washington becase they were "not a threat to national security and not a flight risk."
"Frankly," said ICE official Carl Rusnok from Dallas, "We can use the detention space for more dangerous criminals."
While no longer incarcerated, Gevorg, Hayk, Meri and Ruben still face imminent deportation back to Armenia. The family members have lived in the Ridgway and Ouray County area since 1999. Financial contributions are still being received for the Sargysan Aid Fund, PO Box 774 Ridgway, CO 81427.
- Pete Whiskeman
"FOR FREEDOM'S SAKE " RAISES $16K
OurayNews.com, November 23, 2004
OURAY -- A community event to assist the Sargsyan family helped raise thousands of dollars for their legal defense fund.
More than 320 people attended the "For Freedom's Sake" Armenian Celebration on Sunday, Nov. 21, at the Ouray Community Center. That number excludes the dozens of organizers and helpers from throughout the community, according to organizer and family friend Kelvin Kent.
"A wonderful spirit of unity pervaded," wrote Kelvin in a letter to the Ridgway Sun and Ouray Plaindealer. "Everybody present rose to the occasion with empathy and giving. Many put cash or checks into baskets or filled envelopes with money."
The event raised more than $16,000 to help the Sargsyan family in their battle to remain in the country. Four members of the native Armenian family -- Gevorg, Hayk, Meri and Ruben -- face imminent deportation back to Armenia and are currently in the custody of the U.S. Immigration and Customs Enforcement at a facility in Aurora. The family members have lived in the Ridgway and Ouray County area since 1999.
A wide array of genuine Armenian dishes were cooked and prepared by Susan and Nvart over a period leading right up to the meal; family friend Pete Whiskeman provided a detailed history and perspective of the family's situation.
"Last night was an amazing evening with great Armenian food like you could not believe," wrote Whiskeman. "I imagine that there will be cries now for an Armenian restaurant in the area! Maybe this will be a family business for Susan and Ruben when this is all over!"
Wiskeman updated the attentive audience as to current political and legal developments.
A high quality silent auction with over one hundred exceptional items, gift certificates and services attracted many generous bids.
In charge of kitchen arrangements was Donna Whiskeman. Over a dozen people helped her for ten hours. Others helped with the silent auction, setting up the room and tables (which also filled the San Juan room) and cleaning up. Kathy Graff gave an invocation. Kent acted as MC.
Susan and Nvart expressed their profound thanks to everybody present and all others who have helped them in their struggle.
Financial contributions are still being received for the Sargysan Aid Fund. This money is being used solely to help offset the legal costs which have now exceeded $60,000, according to Kent.
STUDENTS RALLY IN SUPPORT OF SARGSYAN FAMILY
Ouray County Plaindealer, November 23, 2004
Ridgway High School principal Susan Lacy and Student Council President Racheal Overton sounded off last week on the importance of the Sargsyan Family Rally in Aurora on Nov. 13.
On Saturday, Nov. 13, more than 100 neighbors, friends, and classmates of the Sargsyan family rallied together in support of the downtrodden clan. Although many people have put forth time and effort into spreading the news of the Sargysan's plight, the students and faculty of Ridgway High school have worked especially hard to unite and make their voices heard.
"We wanted to raise people's awareness about the horrible injustice that is occurring," said Overton.
Overton, a 17-year-old senior at Ridgway High School, said she believes the Armenian family's case should be investigated and that they should be released from detention.
"Hayk, Gevorg, Meri, and Ruben don't belong in prison among criminals," said Overton. "What we really want is for the family to be released and for their visa applications to be re-opened. They deserve to have their case investigated."
The activism displayed by the students has been embraced by Lacy, a principal who also teaches middle school English and history classes.
"I think it's great to watch students work together to make change around issues that are a part of their principles," said Lacy.
Overton also expressed her sense of accomplishment that she believed this rally achieved.
"Our goal is to get the word out there and I think everyone at the rally accomplished that," she said. "The more information people have about the situation, the more they're going too want to help."
Though Overton did express feelings of accomplishment, she also stated that there is much the people of Ridgway can do to help improve the morale, perhaps even the fortunes of this unfortunate family from across the sea.
"I think letting Ruben, Meri, Hayk and Gevorg know how much we care is extremely important. They are shut off from the world right now, so I think letters of support and strength are what will help them get through this."
--By Jesse Prather, student reporter
To donate to the Sargsyan Aid Fund, please send a tax-deductible check to:
Sargsyan Aid Fund
P.O. Box 774
Ridgway, CO 81432