Updates to the Schreiber Family Case

October 30, 2018

This petition was started to help the Schreibers. As of this date, the Schreibers still need almost 2,000 more signatures to reach the 50,000 goal. If you have not yet signed the petition, please click here to sign. 


Thank you Angie Ricono at KCTV5 for putting together this story of the situation the Schreiber family is facing. 

A Six-Tour American Military Veteran One Step Closer to Being Forced to Leave the U.S. Choosing Daughter over Country

 

Kansas City, MO (October 11, 2018) – U.S. Army Lieutenant Colonel (Retired) Patrick Schreiber and his family are dealing with another blow in their battle to navigate the misalignment of U.S. adoption and immigration laws.

Hyebin traveled from Korea at the age of 15 to live with her uncle and aunt Lt. Col. Schreiber and his wife, Soo Jin Yu. They legally adopted her at the age of 17; after Lt. Col. Schreiber returned from another tour in Afghanistan. The family later discovered that for an adopted child to be considered for immigration benefits under one part of the US immigration law, the adoption must have been completed before the child turned 16. The family, however, has argued that other provisions of immigration law may still be properly utilized to grant Hyebin the right to stay with her parents permanently. The portion of the immigration laws that the Schrieber’s wish to utilize involves recognizing that the state of Kansas, by its adoption laws, places an adopted child on the same footing as a biological child and this method of legitimating a child comports with the federal immigration law.

Friday, September 28, U.S. District of Kansas, Judge Daniel D. Crabtree, ruled in favor of U.S. Citizenship and Immigration Services (USCIS), concluding that the “plain meaning of most definitions of the word ‘legitimate’ suggests that a biological connection is required, and that the law of the child or father’s domicile alone does not supply the definition.” In so finding, the Court recognized that Hyebin would be left with no legal remedy despite having a valid Kansas birth certificate. The court stated, “If the court interprets [the immigration law] to require a biological relationship, it recognizes that the statute will not cover this ‘narrow classification of children…The court acknowledges that the statute thus will not achieve at least one congressional goal—family unity for these children.”  Despite this recognition, the Court found that the US immigration law turned on a biological connection alone.

Hyebin has been recognized by the State of Kansas and the US military as the legitimate adopted child of Lt. Col. Schreiber and his wife.  The court’s ruling however means that Hyebin would have to leave the country right after graduation from college from Kansas University, where she is a senior studying chemical engineering.

The Schreiber’s lawyer, Rekha Sharma-Crawford, has already filed an appeal of Judge Crabtree’s decision.  The family is hoping that the Tenth Circuit Court of Appeals uphold Congresses “clearly expressed legislative intention to keep together the family unit wherever possible, it would appear to be a desirable result, based upon legal and equitable considerations, to adopt a liberal construction. No harm could possibly result from such a construction, and the consequences would fulfill the humane considerations involved in keeping intact the family unit.” (H.R. REP. NO. 85-1199, pt. 2 (1957))

Lt. Col. Schreiber has indicated that if Hyebin is not allowed to stay, he and his wife will relocate to South Korea to keep the family together. As previously stated, his greatest regret is that in this one instance, he should have put the need of his family ahead of the Army.

“Can you imagine? An American veteran, who has given his life to this Country is forced to leave the country he served because the daughter he loves is not welcome here,” said Sharma-Crawford. “That cannot be what the law means. It just can’t.”

Read the original story

Lawrence, KS Chemistry Professor, Syed Jamal, Wins Remand from the Board of Immigration Appeals

Kansas City, MO (August 14, 2018) – The Board of Immigration Appeals has agreed with a Lawrence, Kansas Chemistry Professor that he should be given an opportunity to present his deportation case to an Immigration Judge. In its decision, dated Aug. 9, 2018 and received late yesterday, the Board found that “reopening is warranted”. The decision will now allow Mr. Jamal to have an Immigration Judge in Kansas City review his deportation case and any relief he may have.

“This is certainly a wonderful day for Mr. Jamal, his wife and their three children,” said Rekha Sharma-Crawford a principal in Sharma-Crawford Attorneys at Law and Jamal’s lead attorney. “Since the Board of Immigration Appeals remanded the case for a full hearing, Mr. Jamal and his family will now have the opportunity to ask an Immigration Judge to review multiple forms of relief allowed under the law; it is also a good day for the rule of law.”

“The family could not be happier”, said Alan Anderson a shareholder at Polsinelli and a friend of the family. “Syed is part of our community’s fabric and we are all thrilled with the Board’s decision”.

Jamal garnered worldwide attention after Immigration and Customs Enforcement (ICE) officials took into custody of him in front of his children on Jan. 24, 2018. Beloved as a professor, neighbor and friend, his community, outraged by what they were witnessing, and his children, ignited a campaign for his return.

After an Immigration Judge denied his pleas to intervene, Jamal appealed to the Board of Immigration Appeals. In the meantime he continued to be held in custody, being flown as far away as Hawaii before the Board issued a stay of removal. Upon return to Kansas City, efforts began, including filing a federal lawsuit, to secure Jamal’s release from detention. Troubled by the Jamal’s treatment, the powerhouse Kansas City law firm Polsinelli joined the fight offering their top litigators to provide pro bono assistance. Finally, on March 20, 2018, after a lengthy hearing, U.S. District Judge Roseann Ketchmark ordered Jamal’s release.

While the case is far from over, the threat of deportation is no longer imminent. The case will return to the Kansas City Immigration Court where an immigration judge will decide the fate of Jamal and his family. The Board’s decision, means that he is now able to seek any relief available under the law. It is also likely, the community and children who propelled Jamal to fame will finally be able to tell a judge what Jamal means to them and why he should not be deported from the United States.

My case is just like my friend’s……………No, no it isn’t. 5 immigration myths busted!

We see clients all day long, some have complicated problems, some are less difficult. Yet, what we see are that there are lots of myths about immigration processes. These common myths must be busted. While there are more than we can count, we thought we would start with 5.

  1. “Just explain it to me and I will explain it to them (whoever that is: friend, spouse, child)”In the game of telephone, you played as a child, by the time the message got to the last person, it was almost always distorted. The same is true with the law. It is not possible for you to ask questions about a case for someone else. This is because every person hears things a little differently and what makes sense to one person may not make sense to another. Immigration law is complicated.  It is also very much individualized. Every person must understand their role, the expectations and the issues in their case. Just like you could not go to the doctor for someone else’s ailments, you can’t get a legal solution for someone else either.
  2. “I took care of everything in my criminal case, so it doesn’t matter.”  We say this all the time, if you are not a citizen of the United States, it all matters. Although criminal cases are separate from immigration ones, the two are closely intertwined. What is done in one case will impact what occurs in the other. Always keep all criminal documents and papers; keep all immigration documents and papers as well. It does not matter if it was years ago, a month ago or just yesterday, it is very important for your immigration attorney to be fully aware of what occurred in your criminal case. If you paid a fine, were arrested, went to jail, paid a bond or simply got a ticket, always tell your immigration attorney of these things. They will want to know. 
  3. “My neighbor said they can help me fill out the forms, will you look at them for me?”  Remember when the teacher would not accept homework your best friend did for you? Most immigration attorneys will not simply review your forms.  They want to be able to review your case fully and not just review the documents. This is because attorneys don’t want to be responsible for someone else’s work especially when they have no control over it.  For example, if you leave their office and change something, there is no way for the attorney to make sure the change was correct. It’s just too risky and the only way to protect you and the attorney is simply for them not to review other people’s work. Think of it like this, would you ever let your friend, who is not even a doctor, operate on you? No? It is the same thing. 
  4. “According to the internet…” The internet can be a good thing.  It can help give you get quick general information. But, not everything you read on the internet is true. Think of all the allegations of “fake news” that have come up in the last few years. In the same way, unless the information is from a trusted source, it should not simply be accepted as true. 
  5. “My case is just like my friend’s”. This one is that comes up all the time. We can assure you that your case and your friend’s case is probably nothing alike. This is because while cases may look similar, a detailed look will reveal their differences. The problem, of course, is that the friend is not the one in the office. This means there is no way to get the required information necessary to help explain the differences in each case. Just like not each snowflake is unique, even though it is difficult to tell without a magnifying glass, each case is also one of a kind. 

A Six-Tour American Military Veteran May be Forced to Leave the U.S. Choosing Daughter Over Country

U.S. Army Lieutenant Colonel (Retired) Patrick Schreiber solemnly swore to support and defend the Constitution of the United States against all enemies, foreign and domestic; that he will bear true faith and allegiance to the same; and that he will obey the orders of the President of the United States and the orders of the officers appointed over him, according to regulations and the Uniform Code of Military Justice. But, so help him God, Lt. Col. Schreiber and his wife, Soo Jin Ye, are prepared to leave the U.S. with their daughter, Hyebin, if Immigration and Customs Enforcement (ICE) deports her to South Korea.

Lt. Col. Schreiber and Mrs. Schreiber, a lawful U.S. permanent resident, were married on January 7, 2000 in Killeen, Texas. Like many military families, the couple endured long periods of separation while Lt. Col. Schreiber served six combat tours. Though happily married, they were unable to have children of their own.

On the other side of the world in Korea lived a 15-year-old girl named Hyebin. Her father, Mrs. Schreiber’s brother, was unable to provide a stable home for Hyebin. When Lt. Col. Schreiber and Mrs. Schreiber visited Korea, the connection with Hyebin was undeniable. Like all children, Hyebin, longed for stability and that dream came true when she was given the opportunity to come to the U.S. to live with the Schreibers. In December 2012, Hyebin entered the country on a student visa, settled in with Lt. Col. Schreiber and Mrs. Schreiber at their home in Lansing, Kansas, and began attending high school.

As time passed and the bond between them strengthened, it was clear to the Schreibers that Hyebin had become their daughter in their hearts. To make it official, the two filed for adoption in Kansas, and Hyebin’s biological parents freely and voluntarily consented. On November 17, 2014, the Kansas Court granted the adoption making Hyebin, in each and every way, the Schreibers’ legitimate daughter.

Exactly one month later, on December 17, 2014, at the age of 17, Hyebin received a valid birth certificate from the Kansas Department of Health and Environment, Office of Vital Statistics, and her foreign birth certificate was forever sealed. Hyebin’s Kansas birth record, which is now the only legitimate birth record she has, lists U.S. Army Lt. Col. Patrick Schreiber as “father” and Mrs. Schreiber as “mother.” Under Kansas law, Hyebin is entitled to “the same personal and property rights as a birth child of her adoptive parents and her parents are entitled to exercise all rights due to birth parents and be subject to all the liabilities of that relationship.” In other words, Hyebin and her parents were now a bona fide family.

Recognizing the Schreibers as a valid and legitimate family, the Department of Defense issued Hyebin, as the daughter of an Army officer, her military ID card on February 4, 2015. During Lt. Col. Schreiber’s tour of duty, Hyebin and her mother filled the gap in their family with Skype calls and emails from Kansas to Afghanistan. Like all military families, the times between reunions and deployments were the happiest for the Schreiber family.

Hyebin has a Kansas-state issued birth certificate. She is the daughter of a decorated Army officer and is recognized by the Department of Defense as the legal daughter of the Schreiber’s. She is attending the University of Kansas, for which her parents are paying more than $40,000 per year in tuition, has an F-1 Visa and will graduate in 2019.

Surprisingly, what she doesn’t have is U.S. citizenship, nor a clear path to it, which she’ll need to remain with her parents in the country once she graduates college and her F-1 Visa expires.

A Military Officer’s Life Revolves Around Following Rules

If anyone understands the importance of following rules to the letter it is Lt. Col. Patrick Schreiber. To ensure Hyebin was compliant with U.S. immigration laws, he went to United States Citizenship and Immigration Services (USCIS) and asked for assistance with his daughter’s immigration status. USCIS officers told Lt. Col. Patrick Schreiber that his daughter was an American citizen based on the adoption and they instructed him to file a Form N-600, Application for a Certificate of Citizenship. So, he did.

Yet on February 24, 2015, the Kansas City, Missouri District Office denied Hyebin’s application.Confused, Lt. Col. Schreiber returned to USCIS. This time, USCIS officers told him to file a visa petition for his daughter. Which he did. He filed an I-130 Petition for Alien Relative, based on the definition of a child under 8 U.S.C. §1101(b) (1)(C), and classifying Hyebin as an immediate relative, his and Mrs. Schreiber’s daughter.

On November 10, 2015, USCIS issued a Notice of Intent to Deny the petition, despite the visa petition being submitted under 8 U.S.C. §1101(b)(1)(C), which is based on Hyebin becoming the Schreibers’ legitimate daughter before she turned 18.

USCIS’s reason was that since Hyebin had been adopted, she needed to comply with the requirements of 8 U.S.C. §1101(b)(1)(E), which of course she could not since she had been adopted after turning 16. In response, Lt. Col. Schreiber urged USCIS to consider his daughter’s petition under an alternative provision, §1101(b)(1)(C). Without any analysis or considering whether §1101(b)(1)(C) applied, USCIS denied the I-130 petition on June 10, 2016.

Lt. Col. Schreiber quickly appealed the decision to the Board of Immigration Appeals (BIA), asking them to consider his daughter’s eligibility as a child under 8 U.S.C. §1101(b) (1)(C). The Board dealt the Schreibers a blow on June 5, 2017, a day the family will never forget. In just four short paragraphs, the BIA abruptly denied Lt. Col. Schreiber’s appeal without any real analysis, arguing that his request to consider his daughter as a child under the section noted above doesn’t apply to adopted children. Hyebin was 17 years old when the adoption was legalized. This was the Schreibers’ last chance category under which to fight for their daughter’s citizenship – a child that Kansas and the Department of Defense acknowledge as the Schreibers’ legal daughter in every way.

“What Do We Do Now?” 

Having followed the rules and submitted the forms USCIS advised him to submit, Lt. Col. Schreiber turned to ICE asking, “What do we do now?” Even ICE officials didn’t have the answer and referred Lt. Col. Schreiber to Rekha Sharma-Crawford of Sharma-Crawford, Attorneys at Law, a non-citizen immigration law and litigation in Kansas City, who is representing the military family pro bono, refusing to bill a military officer of Lt. Col. Schreiber’s stature.

“Of all the immigration cases our firm takes on, this one makes me the angriest. Here we have a decorated, recently retired military officer whose family has grown closer and stronger even during Lt. Col. Schreiber’s long tours of duty as he led our troops in Iraq and Afghanistan,” says Sharma-Crawford. “He received orders to return to Afghanistan, once again, putting his life on the line for his country. He followed orders to report to the Middle East before filing the adoption, believing it could be finalized upon his return. But by the time he did, his daughter had turned 17, which has created this fiasco for his family. In hindsight, had he known, Lt. Col. Schreiber would have adopted Hyebin at 15.”

Sharma-Crawford has filed Hyebin’s case with the Federal District Court of Kansas, and it is pending before Judge Julie Robinson. “There is no timeline on when Judge Robinson will rule on it. She can take as much time as she wants. I don’t know of no other case such as this. Given the uniqueness of the issues raised, further litigation may come; we just don’t know which side may appeal. But we are very hopeful that in the end this family will find a just result,” explains Sharma-Crawford.

In the meantime, Hyebin continues excelling in her studies at the University of Kansas. On March 8th, Representatives Adam Smith (Wash.) and Chris Smith (N.J.), along with U.S. Senators Roy Blunt (Mo.) and Mazie K. Hirono (Hawaii), introduced the bipartisan Adoptee Citizenship Act of 2018. The bill sponsored by Blunt, Hirono, Amy Klobuchar (MN) and Susan Collins (ME), if passed, would close a loophole in the Child Citizenship Act of 2000 (CCA), which has prevented internationally-adopted children, who are now adults, from receiving U.S. citizenship despite being raised by American parents. “We are so excited these Senators and Congressmen are taking steps to recognize that immigration laws have left many adopted children without a remedy,” says “Sharma-Crawford. “This bill is a start in the right direction to bring about much needed change.” 

A Parent’s Love for a Child Knows No Boundaries

Long ago, lawmakers addressed the definition of a child. They provided the greatest rationality for allowing Lt. Col. Schreiber’s petition under the U.S. immigration laws when they indicated in H.R. REP. NO. 85-1199, pt. 2 (1957) “in view of the clearly expressed legislative intention to keep together the family unit wherever possible, it would appear to be a desirable result, based upon legal and equitable considerations, to adopt a liberal construction. No harm could possibly result from such a construction, and the consequences would fulfill the humane considerations involved in keeping intact the family unit.”

Not filing Heybin’s adoption papers before leaving on his sixth tour of duty is Lt. Col. Schreiber’s greatest regret in life. If this matter of citizenship isn’t resolved, the Shreibers’ daughter is left stateless and at risk for deportation with no stable family to return to in South Korea.

Lt. Col. Schreiber has said that if Hyebin is not allowed to stay, he and his wife will leave the U.S. and return to South Korea with their daughter. Can you imagine? An American veteran, who has solemnly sworn to support and defend the Constitution of the United States, and his wife forced to leave the country he served and loves because the daughter they love is not welcome here.

Senators Blunt, Hirono and Representatives Adam Smith, Chris Smith Introduce Adoptee Citizenship Act of 2018

WASHINGTON – Representatives Adam Smith (Wash.) and Chris Smith (N.J.), along with U.S. Senators Roy Blunt (Mo.) and Mazie K. Hirono (Hawaii), today introduced the bipartisan Adoptee Citizenship Act of 2018. The legislation would close a loophole in the Child Citizenship Act of 2000 (CCA), which has prevented internationally-adopted children, who are now adults, from receiving U.S. citizenship despite being raised by American parents.

“I am proud to introduce the Adoptee Citizenship Act of 2018 with a bicameral and bipartisan group of my colleagues,” said Adam Smith. “Closing the existing loopholes in the Child Citizenship Act will ensure international adoptees are treated equally under U.S. law. This bill will positively impact thousands of Americans, by granting citizenship they should have had in the first place and fostering stability in their lives and communities. I look forward to working with my colleagues to advance this important legislation.”

“I have been working in adoption my entire career and I know that significant obstacles still persist in the daily lives of those who don’t benefit from the Child Citizenship Act purely because of their age, despite their having been legally adopted by U.S. citizens and raised in the United States,” said Chris Smith. “This important law will fix those obstacles for many residents here who meet its standards and who should be granted citizenship.”

“The Child Citizenship Act left thousands of internationally-adopted children, who are now adults, in an untenable position, facing everything from difficulty applying for a passport to possible deportation,” said Blunt. “These men and women were raised by American parents in the United States, and should have the same rights provided to other adoptees under the CCA. By fixing current law to meet the original goal of the CCA, we will help ensure these individuals have the security, stability, and opportunity their parents intended for them when they welcomed them into their families.”

“International adoptees who were adopted by American parents and raised as Americans should have the same rights of citizenship as biological children,” said Hirono. “I’m proud to work with Senator Blunt to close the loophole in the Child Citizenship Act and right this wrong.”

The CCA guarantees citizenship to most international adoptees, but the law only applies to adoptees who were under the age of 18 when the law took effect on February 27, 2001. The loophole denies citizenship to adoptees who were age 18 or over in February 2001, even though they were legally adopted as children by U.S. citizens and raised in the United States. The legislation introduced today fixes this problem by granting international adoptees citizenship unless they have been found guilty of a violent crime and have been deported.

Without citizenship, these international adoptees face many barriers, such as having trouble applying for a passport, license, or student financial aid. In some cases, they have been deported to the country in which they were born, where they may have no known family and little chance of succeeding.

In addition to the broad, bipartisan congressional support for the Adoptee Citizenship Act, the bill has garnered widespread praise among the nation’s leading adoption advocacy organizations.

“The ACA of 2018 aims to implement automatic citizenship to internationally adopted individuals who from the time of adoption into American families, have lived without citizenship privileges and remain unprotected without the benefits intended by US Adoption Law,” said Raana Stiefel and Joy Alessi, Co-Directors, Adoptee Rights Campaign. “Passing the ACA 2018 will establish equality among adoptees and their adoptive families, prevent deportation, and promote economic stability. Adoptees will gain access to healthcare, educational, and retirement benefits. Citizenship recognition will also foster emotional healing for transracial adoptees who despite their American families, are not accepted by society as Americans. We thank our co-sponsors for their ongoing efforts to secure the basic right of citizenship to all intercountry adoptees of US citizen parents and the assurance of family permanency.”

“The Congressional Coalition on Adoption Institute is thrilled this legislative fix introduced by congressional champions for vulnerable children offers a long-needed solution to adoptees whose adoptive parents did not know they needed to take additional steps to seek U.S. citizenship for their children after their adoption finalizations,” said Becky Weichhand, Executive Director, Congressional Coalition on Adoption Institute. “This correction reflects the powerful American legal precedent of treating children who are adopted as equal to biological children. The adoption community is grateful to Senators Blunt and Hirono, and Congressmen Adam Smith and Chris Smith, for their leadership in understanding and addressing this problem for adoptees.

“35,000 international adoptee children of American parents have lived without their U.S. citizenship for too long due to a glitch in a law that was intended to help them,” said Pankit J. Doshi, President, National Asian Pacific American Bar Association. “Congress now has a chance to correct this oversight and change lives. We thank Senator Blunt, Senator Hirono, Congressman Adam Smith and Congressman Chris Smith for their leadership and commitment to these adoptees. We urge all Member of Congress to support the Adoptee Citizenship Act of 2018.”

“As part of our mission and vision, National Council For Adoption supports U.S. citizenship for all individuals legally adopted by U.S. citizens,” said Chuck Johnson, President and CEO, National Council For Adoption. “The Adoptee Citizenship Act of 2018 takes strides to recognize citizenship to the many adopted individuals not covered by the Citizenship Act of 2000 due to their birthdate or visa type. We thank the bill’s co-sponsors for introducing this legislation, and we urge Congress to grant internationally adopted children and adults the same citizenship rights as any child born to U.S. citizens.”

Updates to the Syed Ahmed Jamal Immigration Case

2/19/18 – 3pm
We hope ICE watches this video. No crimes, no violations of supervision, a father, a husband, a loved member of his community, the sole breadwinner with valid work authorization, a job to go back to and a stay in place. Keeping him in custody simply because they can.

2/18/18 – 3:45pm

We headed up for Syed's family to visit him, at the scheduled time today. Even though we called three times prior to…

Posted by Sharma-Crawford Attorneys at Law on Sunday, 18 February 2018

2/16/18 – 11:45am
Syed Jamal continues to be detained at taxpayer expense despite having valid work authorization, a job and being the sole bread winner. The family is attempting to visit him on Sunday.

Meanwhile, Congresswoman Lynn Jenkins visited with Syed’s wife and three children about the private bill she introduced Tuesday, seeking to aid Syed in his legal fight to avoid deportation.

The bill would make Syed Jamal and his wife, Angela Zaynub Chowdhury, eligible to receive an immigrant visa or to adjust their status to permanent residency upon filing an application.

Congresswoman Lynn Jenkins and the Family of Syed Jamal

2/15/18 – 9am
Thank you Dan Margolies from KCUR for your work to accurately timeline of the effort that Syed Jamal has made over the course of 30 years to remain legally documented and on a path to citizenship. Another example it’s not as simple as “why hasn’t he become a citizen,” and exhibiting “what has he done to try?”
Read the Article

2/14/18 – 7pm
Video of the press conference held earlier today outside the Platte County Jail, where Syed Jamal arrived at 2:30 and is being detained.

2/14/18 – 3:15pm
We have confirmed that Syed Jamal is back in KC, and being detained at the Platte County Jail. We will have a press conference outside the Platte County Jail at 5pm CST. 415 S 3 St, Platte City, MO 64079
Map

2/14/18 – Noon
U.S. Rep. Lynn Jenkins has introduced a private bill seeking to aid Syed Jamal in his legal fight to avoid deportation.

The bill, which the Republican congresswoman introduced Tuesday in the U.S. House of Representatives, would make Jamal and his wife, Angela Zaynub Chowdhury, eligible to receive an immigrant visa or to adjust their status to permanent residency upon filing an application.

2/14/18 – 11am
CONFIRMED: Syed Jamal will be back in Kansas City this afternoon. He is coming home.

2/14/18 – 10am
Angie Ricono, an investigative reporter with KCTV5 News in Kansas City, addresses the complexities some immigrants face in the process of trying to legally become an American citizen. It’s not the same path for everyone, and it’s not as simple as “why didn’t they just become a citizen.”


Brian Johnson with KMBC also put together a piece addressing the same question, focusing on the difference for those who enter the US as students or workers under non-immigrant visas versus those that come in under immigrant visas.

Why Didn't Syed Jamal Apply for Citizenship?

Have you asked this question? 'After 30 years, why didn't Syed Jamal just apply to become a U.S. Citizen the legal way?' If you've asked the question, watch this video then share our report.So many of our viewers are asking it, so KMBC 9 got answers. We've complied all the facts from U.S. Citizenship and Immigration Services, The State Department and Jamal's attorney to explain. Syed Jamal is a scientist and adjunct college professor at Park University who immigrated to the U.S. in 1987 from Bangladesh. He overstayed his visas three times. ICE arrested him on January 24th. Now he's in a jail in El Paso, Texas while an immigration judge hears from Jamal's attorney and attorneys from the Department of Homeland Security.The group Free Syed Ahmed Jamal has raised $42,000 through GoFundMe. They have gathered 77,000 signatures using Change.org. They have sent hundreds of notarized letters to Immigration and Customs Enforcement, and gathered support from members of Congress including Representatives Jenkins, Cleaver, Yoder and Senator McCaskill.Jamal's fate is now in the hands of Judge Glen R. Baker.Read more about our coverage of Syed Jamal at the following links.http://www.kmbc.com/article/lawrence-neighbors-say-syed-jamal-has-been-granted-temporary-stay/16758697http://www.kmbc.com/article/lawrence-family-devastated-after-immigration-agents-detain-father/16561000http://www.kmbc.com/article/some-question-why-man-detained-by-ice-didn-t-apply-for-citizenship/17006960

Posted by Brian Johnson KMBC on Saturday, 10 February 2018

We sincerely appreciate these reporters and their stations for trying to not just report the news on the latest developments in these people’s stories, but also trying to help us educate the public on how truly complex, and unique each story can be.

2/14/18 – 9:15am
While our focus over the last week has been on Syed Jamal, it’s important for everyone to realize that there are many all over this country, facing our dysfunctional immigration system. This is the story of Carlos Alberto Bringas-Rodriguez, another one of our clients, also having gone through great struggles and confusion while trying to remain in our country legally.

2/13/18 – 6:10pm
We have two updates to share:

At 4:56pm today, a Motion to Change Venue was filed in the federal habeas case asking the Court to either send the federal habeas case to Hawaii or Order DHS to return Syed to Missouri so the court here can continue to hear the case. This was done because when a person is no longer in the jurisdiction, the federal court is at risk of losing jurisdiction over the case. Attorneys for the government have indicated they are coordinating efforts to bring Syed back to Kansas City, however the exact timing of that remains unclear. It is the hope of many that his return to Kansas City will be very soon.

The other development is that Congresswoman Lynn Jenkins, today introduced legislation known as a “private bill” to grant Syed and his wife lawful permanent status. While that process is time consuming, it is indeed an extraordinary event. Lawmakers from both sides of the state line continue to coordinate efforts and have shown eminence in leadership to support and protect this family.

2/13/18 – 3:45pm
Today has been quite the opposite kind of day from yesterday. Not much new development today. Syed is still in the Honolulu Federal Detention Center, and we are awaiting an update from his case worker on what the decision is with the new stay in place if he will be moved or not, and if so where. We’ll update you as soon as we have any news.

2/12/18 – 6:00pm
This is the video from this afternoon’s press conference. We know the plane he is on will stop in Honolulu to refuel. Due to the fact that is still US soil, because of the stay granted by the Board of Immigration Appeals, Syed Jamal will be pulled off the plane there. We will provide updates on where his next destination is once we get that information, which may not be until tomorrow.

Immigration attorney for Syed Jamal speaking about today’s update on deportation

Posted by William Joy – TV on Monday, 12 February 2018

2/12/18 – 4:30pm
The Board of Immigration Appeals has responded to our appeal and a motion for a stay of removal, it has been granted.

A report we received on Syed’s whereabouts is that he is on his way to Hawaii.

2/12/18 – 2:45pm
Outrageous! What we know is that Syed was taken from the West Texas Detention Facility at 5:51 AM (6:51am CST) by El Paso ICE ERO. At 11:45am CST we received the decision of the Immigration Court denying his motions and dissolving the stay. At 1:00 PM CST, we transmitted an appeal and a motion for stay of removal to the Board of Immigration Appeals. By 1:26pm CST the motion and the stay were docketed by the Board. As of this update, the ICE locator still lists Syed at the West Texas Detention Center even though we have reason to believe he is not there.

We have not formally or informally been notified as to where exactly Syed is currently located. We don’t know when ICE received the decision of the Court. And we do not know how such swift action by ICE could have occurred if all parties had been notified at the same time.

An attack on the system is an attack on due process.

2/12/18 – 1:30pm
At approximately 11:45 am CST we received word that Judge Baker denied the Motions pending before him and dissolved the Stay of removal previously issued.

At approximately 1:00 pm CST An appeal notice along with a fresh motion for stay was forwarded to the Board of Immigration Appeals in Falls Church Virginia.

We have been diligently using every resource we have to confirm Mr. Jamal’s whereabouts. We have learned, not as a result of ICE informing us, that he was taken to a plane at 5:50am this morning.

We will provide updates if and as we get more information.

2/11/18 – 11:30am
There is a local KC event this afternoon in support of Mr. Jamal and others. It is being hosted by the  KC Metro Immigration Alliance – KC MÍA. It is confirmed that Congressman Cleaver is confirmed to speak at the event.
When: 3pm CST
Where: All Souls Unitarian Universalist Church Kansas City, Missouri
Event Facebook Post

2/11/18 – 2am
We visited Syed Ahmed Jamal at the West Texas Detention Facility this evening. We were accompanied by Congressman Emmanuel Cleaver II. We went to ensure our client understood what was happening in his case and make sure he was being treated well.

Congressman Cleaver went to meet the college professor, who had never committed a crime, but who was taken into custody by ICE from his front lawn and in front of his child. The Congressman went to meet the man who was so beloved by his community and his family that they were fiercely rallying for his release. He also went to give support to a man in detention nearly 950 miles from the only place he considers home.

As they spoke Syed asked the Congressman how the Congressman’s wife was doing. And in that moment we all learned why so many people are vociferously supporting Syed. Because even in the face of such distress, Syed took a moment to focus not on his own predicament, but instead to ask this Congressman, who had traveled so far to provide comfort, how his wife was doing. Humility and grace in the face of adversity.

2/10/18 – 5:30pm
Congressman and Methodist minister, Emanuel Cleaver, and Michael Sharma-Crawford are en route to El Paso, Texas to visit Mr. Jamal. Watch our Facebook Page for posts once they arrive.
Representative Cleaver on a plane on the way to El Paso, Texas to visit Mr. Jamal.

2/9/18 – 4pm
At Noon today, DHS filed their Opposition to Syed Ahmed Jamal’s Motion to Rescind and Reopen his deportation case. The Opposition was based upon their belief that the deportation order was valid and that Mr. Jamal’s safety would not be at risk if he is returned to Bangladesh.

Once the DHS opposition is filed, it was imperative that we file our Response immediately, to ensure the Court would have all relevant information and arguments in order to make a decision on the filings. At 3:45pm today, the Response was filed.

At this point, the record is now considered closed and will be reviewed by Judge Baker, the immigration judge who granted the temporary stay on February 7th, and he will provide a ruling on the pending motions. The ruling will determine whether Mr. Jamal’s case can be re-opened in court and whether he should be deported or not. It is unknown how long the Court will take to review the matter, however, it is likely that a decision will come in the coming days.

The government also filed a motion to dismiss our filling on the federal habeas petition. That dismissal seems to indicate that since Judge Baker had granted a temporary stay, the federal court should allow the process to proceed only in front of him. While there are greater issues than simply the stay that are before the federal court, the Dismissal motion is being reviewed and a response will be timely filed in that matter. At this time, a Response has not been ordered by the Court but normal schedules allow for a Response to be filed on or before February 23, 2018.

2/9/18 – 12:30pm
We received word that DHS has filed the opposition to our filing. We’ll provide more information shortly.

2/8/18 – 5:30pm
Video of the call Syed Ahmed Jamal’s family received from Representative Cleaver this afternoon.

2/8/18 – 4:15pm

  • Syed Ahmed Jamal was was transported to the West Texas Detention Facility in Sierra Blanca, TX, where he will remain until Monday, February 12.
  • We have received a letter from Representative Emanuel Cleaver, II to President Trump regarding Mr. Jamal’s case.
    A letter from Representative Emanuel Cleaver, II to President Trump regarding Syed Ahmed Jamal's case.
  • Mr. Jamal’s family also received a call from Representative Cleaver this afternoon to assure them he is doing everything he can to help reunite them.Syed Ahmed Jamal's family talking to Representative Cleaver on the phone

2/8/18 – 11am
Rekha Sharma-Crawford and some of Syed Ahmed Jamal’s family members will answer all media questions at 1:30 CST today at a press conference at the Sharma-Crawford, Attorneys at Law Office, located at 515 Avenida Cesar E Chavez, Kansas City, MO 64108. Map

2/8/18 – 10am

  • An immigration judge has granted a stay for Mr. Jamal.
  • He is now in the custody of ICE officers.
  • At this time, he will not be deported, but the stay is temporary.

2/8/18 – 1am

  • We learned that Syed Ahmed Jamal was moved closer to the airport.
  • We filed in federal district court on a habeas petition.
  • We are asking the court to release him since he was taken into custody illegally.
  • The lawsuit is filed in the Western District of Missouri.

2/7/18: Press Release
Kansas Chemistry Professor and Community Leader Turns to the Immigration Courts

Kansas City, MO (February 7, 2018) Immigration and Customs Enforcement (ICE) officials took into custody Syed Ahmed Jamal, a husband, father of three, chemistry professor and community leader, on January 24, 2018. Mr. Jamal is detained at a Morgan County, Mo. jail while awaiting an immigration judge’s decision on granting a stay of removal. The motions for a stay of removal and to rescind a final deportation order were filed with the court and served on Department of Homeland Security (DHS) attorneys on February 5, 2018. They remain pending.

Mr. Jamal has deep ties to the United States having come to America from Bangladesh over 30 years ago on a student visa. He was granted an H-1B visa for highly skilled workers and then transitioned to another student visa when he enrolled in a doctoral program. Despite his efforts to secure permanent status in the US, he found himself in removal proceedings. He was advised by an attorney that he was only eligible to leave the country voluntarily, despite his fear of returning to Bangladesh. His failure to depart caused the triggering of an automatic deportation order. Mr. Jamal obtained his work permit after DHS placed him on an Order of Supervision (OSUP). OSUPs are given to individuals so that they may remain out of custody despite the existence of a deportation order. They allow individuals to obtain employment authorization from DHS.

At the time of Mr. Jamal’s arrest in January, he was an adjunct chemistry professor at Park University in Kansas City and was conducting research at area hospitals. Without a stay of removal, Mr. Jamal remains at risk of being deported from the U.S. as soon as early next week and before the Immigration Court can review the matter. In accordance with the February 20, 2017, Kelly Memorandum, Enforcement of the Immigration Laws to Serve the National Interest, it is unlikely that ICE officials will exercise prosecutorial discretion in releasing Mr. Jamal from jail or allowing him to remain in the country.

“Only an immigration judge has the authority to cure the defective proceedings. At the very least, Mr. Jamal is entitled to a proper hearing resulting in a proper order,” states Rekha Sharma-Crawford, Mr. Jamal’s attorney. “This is about the rule of law and the integrity of a system. If we allow flawed orders, which would never be tolerated in any other legal proceeding or in society in general, to be the basis of removing a beloved father, husband and community member, it is a bigger threat to the system than this one case. To tear apart a family and drag them out of a country after having such meaningful ties, is a tragedy, plain and simple.”

“The law requires that certain formalities be met in order to grant voluntary departure. This responsibility is placed, by the rule of law, on the judge and not anyone else. Where a judge fails to carry out this important duty, the order is invalid. This is true in every area of law. For example, parties can agree to get divorced, but a judge must still follow the law and enter a valid order, which can satisfy the legal requirements. The same is true for Mr. Jamal. Deporting a person when the order is not legally sound is a threat to the system. That is not what the American legal system stands for,” says Sharma-Crawford. “DHS could recognize the legal issues at play and agree to either stay his removal pending completion of his legal proceedings, or they could agree that the order is flawed, and let the case proceed as a matter of course. What they will do remains to be seen. In the meantime, a family remains divided and his wife and children struggle every day without him.”

Contrary to what ICE had indicated, Mr. Jamal was not charged with or convicted of any crimes, misdemeanor or otherwise. Sharma-Crawford says, “This is another American story turned into a nightmare by the current divisive climate regarding immigration. It sends a false message that immigrants are criminals and detrimental to America.” ICE statements also have indicated that Mr. Jamal appealed his case. The Board of Immigration Appeals (Board) reviewed his case based on their “certification” authority, and as such, to call it an appeal is a mischaracterization of what occurred.

Several members of Congress show a willingness to maintain a sense of humanity in the immigration debate. Rep. Emanuel Cleaver (MO), Rep. Kevin Yoder (KS), and Rep. Ro Khanna (CA) voice their concerns about the methods ICE used in this instance. “Children should never have to watch immigration officials forcibly take a parent from their home. The damage the Agency is doing to the next generation is profound,” Sharma-Crawford states.

If you are not making your Immigration case a priority, you aren’t paying attention


You count on us to tell you the truth and to level with you. You have come to rely on our straight talk and no-nonsense advice. And you know that we will tell you the truth even when the truth is difficult to hear. But it is necessary if you have any hope of conquering the complex road of the US immigration system. So you must hear what is about to be said.

It has been a long year. A very long year, indeed. And it isn’t even over yet. And even with the start of the next year, things are unlikely to get easier. This administration promised, ran on and delivered an anti-immigration agenda. The year has left immigration attorneys and civil rights advocates exhausted and outraged time after time. With a never-ending assault on the rule of law, the use of reason and the need for humanity in decision making, nearly a year later, the climate in the US has become increasingly charged.

Despite this as a backdrop, we continue to see people who are unwilling to face the reality or the gravity of the situation. This is a mistake.

As immigration attorneys, we can only do what the law allows, in a manner it allows. But, we cannot do it alone. All too often we see people who, despite being told what all they must do in order to succeed in their case, put other things as a priority over their case. The fact is, if you are not making your immigration case a priority, you aren’t paying attention. If you are not making your immigration case a priority, you are placing your ability to remain in the US in jeopardy. This is a dangerous way to approach your immigration case especially when it is your life.

During the course of the year, we have faced those who are angered by the need to make their immigration case a priority or are perplexed about why we push for evidence, push for cooperation or demand that keen attention is paid to information sought from them. But, these are all things that require careful attention. There is no time for delay.

It is certainly an overwhelming time. Each day the news is filled with yet another way the immigration system is being used to create a challenging environment for immigrants. The only way to find a path is through the noise that is the current climate. Stay attentive to your case and what needs to be done. This is not the time for procrastination. This is time to gather your evidence and your courage and help fight for your future in the United States.

Civil Rights Activist and Lawyer, Valarie Kaur, to Make Special Appearance at One Community: Together in Solidarity

Kaur to appear at a collaboration of communities, leadership and faith aimed at overcoming the hate, violence and division pervasive in our neighborhoods.

Kansas City, MO (April 19, 2017) – Valarie Kaur, civil rights activist and lawyer, makes a special appearance at the One Community: Together in Solidarity event on Tuesday, April 25, 2017 at the Rolling Hills Presbyterian Church located at 9300 Nall Avenue in Overland Park, Kansas. This event, in collaboration with various communities, leadership and faiths, is being spearheaded by a local attorney who felt compelled to act in the face of the Olathe shooting tragedy.

“After the shooting, I felt like the community needed to find a way back to center. There needed to be a way to unify communities across the metro so that everyone felt safer. The current climate in the U.S. has caused many communities to be fearful and feel vulnerable,” explains Rekha Sharma-Crawford a principal in Sharma-Crawford Attorneys at Law. “However, information alone isn’t enough to translate into action. Events like One Community: Together in Solidarity are important to help draw communities together with faith leaders, government leaders and law enforcement in support of one another, which can help overcome the feelings of isolation and create stronger bonds between communities; something that only makes us all safer.”

One of the highlights of the event is a special appearance by the inspirational Valarie Kaur, who will be speaking at length, and closing the program with a question and answer session. Kaur is a well-known civil rights activist, lawyer, award-winning filmmaker, media commentator, educator, entrepreneur, author and Sikh American justice leader. Her new venture, the Revolutionary Love Project at the University of Southern California, champions the ethic of love in an era of rage. She can be followed on Twitter under @valariekaur.

“Fashioned after the “Not In Our Town” model, One Community: Together in Solidarity is a program that brings together so many amazing organizations like the American Friends Service Committee, Kansas City Coalition Against Hate Violence, Immigrant Justice Advocacy Movement, and SevenDays to name just a few. It also brings leadership from governmental agencies in Overland Park, Merriam, Leawood, and even the Consulate of Mexico in Kansas City. Representatives from many faiths will also be present to stand together in unity. Everyone has been so generous with their time, space and knowledge in helping make this happen. We hope to help heal the KC metro after this tragedy and show the world of the resilience and community that exists in the middle of the United States. It is hoped that neighbors and other local residents will attend events like One Community: Together in Solidarity and join a movement to stand together against the hate and violence that divides us,” says Sharma-Crawford. As a way to visually show solidarity, ribbons will be handed out at the event and people will be encouraged to display these ribbons across the metro as a sign of solidarity.

The doors open for One Community: Together in Solidarity at 6:00 p.m. and the program begins promptly at 6:30 p.m., lasting until 9:00 p.m. The event is free, but registration is requested.

Trump Administration Displays Disregard for Families and American Due Process with Abrupt Late Night Deportation of Indiana Father

Wednesday, April 5, 2017

The Beristain Family is distraught this morning as the U.S. government conducted a middle-of-the-night deportation of Roberto Beristain, an Indiana father and businessman whose detention by U.S. Immigration and Customs Enforcement in February during a check-in appointment attracted broad attention by the Washington Post, Wall Street Journal, South Bend Tribune, and other national news media.

Roberto had been held at detention facilities in Indiana, Wisconsin, Illinois, Louisiana, New Mexico, and Texas. He argued that his removal order was legally improper, and had asked an immigration judge to rescind the removal order, and to stay removal. He had also filed a habeas corpus petition, likewise seeking to redress the wrongs resulting from a void order. Before either judge had chance to rule, in a highly unusual move, ICE agents rushed him 90 miles from the detention facility to the U.S.-Mexico border at Juarez, Mexico, as the sole detainee being moved. None of his attorneys were notified, as required, of his removal and they only learned about it based on a late night, frantic call from Roberto’s wife, who indicated Roberto was in Juarez already.

“They suddenly told me it was time to go,” Roberto said. “They told me to get my stuff, they put me in the back of a van, and sped toward the border. They took me to another facility while in transport to sign paperwork. I asked to speak with my attorney, but was told there wasn’t time for that. At around 10:00 pm, I was dropped off at the Mexico-U.S. Border and walked into Mexico.”

“What is most distressing here is that Roberto had potential avenues for relief pending before the Immigration Court,” said Adam M. Ansari, managing partner, Ansari & Shapiro LLC, who
has been advocating on behalf of the family since Roberto was detained on February 6, 2017. “This was an attempt to short-circuit the justice process by intentionally removing him before a judge could stop his removal. We were in communication with the government regarding those motions – what they failed to mention was that they were in the process of throwing him out of the country.”

Jessica K. Miles of Noble & Vrapi, Roberto’s counsel in New Mexico and Texas remarked, “the manner and speed with which Roberto was moved from New Mexico to Texas and then deported to Mexico despite several pending motions, coupled with misleading statements from ICE leadership about when he would be removed show a blatant disregard for his procedural rights.”

Chuck Roth, director of litigation of the National Immigrant Justice Center said, “the Trump administration treats noncitizens like Roberto like lawbreakers, even when they do everything in their power to obey the law, but the law was broken in this case by the immigration authorities. ICE’s actions have torn a father from his three U.S. citizen children, a husband from his citizen spouse, and a business owner from his American employees. And all based on a removal order which wasn’t proper in the first place. I’m not sure which is more shocking, the disregard for the harm done wantonly to families and communities, or the lengths to which the government is now willing to go to deport as many people as possible without regard to a person’s right to a fair hearing.”

“The conduct of ICE in perpetuating a continuing due process violation at all costs, is a threat to core American values and should not be overlooked or brushed aside causally,” said Rekha Sharma-Crawford, of Sharma-Crawford, who drafted the Emergency Motion to Rescind that is pending in Batavia, New York.

Attorneys for Beristain, which include multiple law firms and organizations across the country, have stated they will continue to fight on behalf of Roberto, and will pursue all available legal and political remedies to bring Roberto back and correct the mistake immigration officials created nearly two decades ago.