Pangea helps Stop the Deportation of Local Grandfather and Long-time Resident of Richmond, California

For Immediate Release

Contacts: Marie Vincent, marie[at]pangealegal.org 

Community and family celebrate stay of removal of Felipe Valdes.

Background: Felipe de Jesus Valdes Lozano immigrated from Mexico to the United States +20 years ago. A hard worker and regular US taxpayer, Mr. Valdes is also the founder of a local soccer league that supports several referee jobs.  He is a loving father, husband, and a grandfather to a 4-year-old girl. Today, Mr. Valdes is the primary support for the family of five. His son has serious spinal abnormalities and depends on specialized chiropractic and medical care.  Mr. Valdes' oldest daughter, Mayra, is pregnant and is due to have her second baby in early December. Her father’s immigration situation has been extremely stressful for her and has placed her health at risk.

Since his family does not have health insurance, they depend on Mr. Valdes to cover the high costs of medical care.  His two older children, who are DACA approved-DREAMers are enrolled in college, and dream of having their dad see them graduate. 

For more than ten years, Mr. Valdes has been a victim of notario fraud and shoddy attorney representation.  He has been eligible for a strong U Visa for the last 10 years and was never advised to apply until recently.  He currently has a U Visa application pending and is on his way to becoming a lawful resident of the United States.   

In late October 2013, Mr. Valdes received a letter from Immigration Customs and Enforcement (ICE), asking him to report for deportation to Mexico on November 18, 2013.     

Accompanied by Pangea Attorney, Marie Vincent, his family and many community members, Mr. Valdes complied with his reporting obligation on November 18th and appeared at ICE in a timely fashion.  His attorney entered the ICE building with Mr. Valdes to submit a detailed and well-supported application for a stay of removal, while community members chanted and voiced their support during a vigil outside of the building with his family and friends.   

ICE granted a one-year stay, the maximum length possible and agreed not to detain Mr. Valdes.  He will now watch his second grandchild be born and his son graduate from high school in the United States while he supplements and awaits the processing of his U Visa application.   

Mr. Valdes is a prime example for the reason just immigration reform is necessary.  His courage to come forward and share his case with the public will hopefully serve to empower others like him to come out of the shadows and stand for the right to keep our families together.  

For coverage of this story on Telemundo TV, please click here. 

Marie Vincent (on left) and Felipe de Jesus Valdes (on right), entering ICE at 630 Sansome Street, San Francisco, CA to request a Stay Motion, at the brink of deportation.

Marie Vincent (on left) and Felipe de Jesus Valdes (on right), entering ICE at 630 Sansome Street, San Francisco, CA to request a Stay Motion, at the brink of deportation.

SF Immigrant Groups Rejoice as “Due Process for All” Ordinance Goes Into Effect on Nov. 8, 2013

From the SF Immigrant Rights Defense Committee 

Community pledges to vigorously monitor implementation

San Francisco – Today, November 08, 2013, the landmark “Due Process for All” ordinance officially goes into effect in San Francisco, one month after it was signed. The signature on the measure, authored by Supervisor John Avalos, came after two unanimous votes at the Board of Supervisors and a powerful campaign led by undocumented community members, including survivors of domestic violence.

Immigrant rights organizations and community members are celebrating the policy’s implementation today and are looking forward to the swift and full implementation of the policy by the city’s local law enforcement leaders.

"With due process now a reality, many more of our families will be united instead of torn apart by deportation,” said Cinthya Muñoz, lead organizer with Causa Justa::Just Cause. “This victory is proof that everyday people can make history when we organize. We will work to make sure of the full implementation of this historic policy and we will continue to challenge unjust deportations locally, statewide, and across the nation."

Beverly Upton, Executive Director of the San Francisco Domestic Violence Consortium, commented: "We are so grateful for this groundbreaking legislation.  It is a huge step toward safety and justice."

The ordinance will strengthen community confidence in law enforcement, protect immigrant crime victims and witnesses, and guard against separation of local families by severely limiting cruel and costly immigration "holds" in San Francisco. These are potentially unconstitutional detentions of immigrants in the local jail for extra time, at local expense, at the request of federal immigration authorities. 

The ordinance’s effective date comes days after Santa Clara County preserved an even stronger policy, a decision which San Francisco advocates are hailing

“Each and every ICE hold risks violating the constitution and undermining our cherished principle of equality under the law. We commend Santa Clara County for upholding the strongest standard in California,” said Angela Chan, Senior Staff Attorney at Advancing Justice - Asian Law Caucus.

While the counties surrounding San Francisco and Santa Clara currently lack any protections from abusive immigration holds, that will change come January 1, when the TRUST Act goes into effect across California. That bill creates a compromise, minimum standard limiting holds across the state.

Under the San Francisco policy, which also represents a compromise, holds are only allowed where an adult has both a recent, prior conviction for certain felonies, and also faces a current charge under one of those statutes if a judge has found probable cause for such charge.  Even in those circumstances, the Sheriff may consider positive equities such as rehabilitation and community contribution. These exceptions are to "sunset" within three years or upon the approval of national comprehensive immigration reform, whichever is sooner. Additionally, the exceptions do not apply to youth under the age of 18.

Watch Univision's Coverage of this story here.  

###

Wave of State and Local Laws Passed Affecting Immigrants and their Families

During the second week in October, San Francisco's Mayor Ed Lee signed the Due Process for All Ordinance .  The ordinance eliminates ICE holds for individuals in San Francisco unless narrow and specific conditions are met.  This ordinance addresses the negative impact of Secure Communities (S-Comm), a massive federal detention and deportation program that has torn apart communities, left children as orphans, and destroyed families.  The Due Process Ordinance offers a powerful example of a "ceiling" as one of the nation's strongest policies addressing the problems with S-Comm.  In rejecting the vast majority of ICE holds, our local ordinance will ensure equal treatment under the law.

In addition, over the last few weeks, California's Governor Brown signed into law several important immigration-related bills that are designed to protect immigrant rights statewide. These new laws represent a major victory for California immigrants and their families.

  •  AB 4,  the landmark bill signed into law this month is the Trust Act.  This pivotal law demonstrates California’s leadership in ensuring that immigrants are treated fairly and with due process under the law.  The Trust Act prohibits local police from detaining immigrants for longer than necessary in order to turn them over to federal immigration authorities. This law, like the local Due Process for all Ordinance, was passed in response to the federal S-Comm program, which conducts mandatory immigration checks on everyone booked into local jails and has resulted in the deportation of thousands of individuals with no criminal records.   While the San Francisco Due Process for All ordinance acts as a ceiling, the Trust Act serves as a floor guaranteeing the rights of detainees.  The Trust Act goes into effect on January 1, 2014.
  • AB 60 represents another milestone for California immigrants.  This law allows undocumented immigrants to apply for a driver’s license, making California the 10th state to do so. Previously, all individuals had to provide proof of lawful residence in order to receive a driver’s license. The law seeks to increase safety by ensuring that all drivers are properly licensed, trained, pass the DMV driving test, know California’s traffic laws, and are properly insured.  Such licenses will become available on or before January 1, 2015.
  • AB 241, the Domestic Worker Bill of Rights makes California the third state in the nation with a bill of rights for domestic workers.  California’s law will provide overtime pay to an estimated 200,000 California housekeepers, child care providers and caregivers when they work more than nine hours in a day or forty-five hours a week.
  • AB 1024 allows undocumented immigrants to become licensed to practice law in California.  This law was prompted by Sergio Garcia, a legal permanent resident who was brought to the U.S. as an infant and passed the California Bar Exam four years ago.  He has been seeking to obtain a law license ever since, and his challenge reached the California Supreme Court.  Under this law, the Court may now authorized approval of qualified applicants regardless of their immigration status.
  • AB 524 provides that a threat to report the immigration status or suspected immigration status of an individual or a member of the individual's family may induce fear sufficient to constitute extortion.  This law clarifies existing law and broadens the acts that constitute the crime of extortion.
  • SB 666 provides for a suspension or revocation of an employer's business license for retaliation against employees and others on the basis of citizenship and immigration status, and establishes a civil penalty up to $10,000 per violation. 
  • AB 1159 creates new restrictions and obligations on unauthorized persons who offer immigration related services.  This law makes it an unauthorized practice of law for any person who is not an attorney to literally translate from English into another language the phrases “notary public,” “notary,” “licensed,” “attorney,” “lawyer,” or any other terms that imply that the person is an attorney.
  • SB 141 requires that California Community Colleges and the California State University, and requests that the University of California, exempt a United States citizen who resides in a foreign country, and is in their first year as a matriculated student, from nonresident tuition if the student demonstrates financial need, has a parent or guardian who was deported or voluntarily departed from the U. S., lived in California immediately before moving abroad, and attended a secondary school in California for at least three years.
  • AB 35 provides that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals are the only individuals authorized to charge a fee for providing services associated with filing an application under the U.S. Department of Homeland Security's deferred action program.

Pangea Legal Services and our members have supported these policies (especially the Due Process Ordinance and the Trust Act) since the beginning of this year and for several years prior.  Our participation was present through strategizing on the principles and language of the laws, submitting opinion articles, writing and signing numerous petitions, organizing community members to meet with lawmakers and other leaders, involving our clients to testify in hearings to educate leaders about the impact on our community, and many other advocacy efforts.  We are proud of our strong-collaborative networks, our unified team work, and the opportunity to have been a part of the powerful advocacy efforts that led to the results we saw this month.  

 

Pangea and community celebrate passage of SF Due Process Ordinance after supervisor vote at City Hall, San Francisco, CA

Pangea and community celebrate passage of SF Due Process Ordinance after supervisor vote at City Hall, San Francisco, CA

Pangea Celebrates Victory with Community Over Unanimous Vote in Support of SF Due Process Policy - Join Us on October 1, 2013

As we gear up for the next vote by the San Francisco Board of Supervisors, Pangea is still in celebratory mode with all the community members and advocates who came together to move the SF Due Process Ordinance forward.  While amendments were introduced to the original blanket policy, they are very narrow and will only affect few members of the community, if any.  The full text of the Due Process Ordinance with Amendments, which was passed unanimously, is available here and on the SF Board of Supervisors website.  

In sum the policy prohibits law enforcement officials from detaining individuals on the basis of a civil immigration detainer after they become eligible for release from custody, except for individuals who have a prior conviction for a violent felony within a certain period of time, and are currently being charged with a violent felony. 

The second and final round of voting on this law will take place on Tuesday, October 1, 2013.  Here are the details: 

 What:  2nd and Final Vote by the SF Board of Supervisors on the Due Process Ordinance (full text of the version passed on Tues. 9/24 is available here

When : Tuesday, October 1st @ 2-6pm -- the vote will occur around 2-4pm, followed by  Celebration and Food until about 6pm

Where : City Hall, Room 250, the Legislative Chamber (CityHall is located at: 1 Dr. Carlton B. Goodlett Pl, SF, CA 94102)

What happens after this vote?   Mayor Ed Lee will either sign the policy into law or veto it.  However, he has publicly stated that he supports the Ordinance

Please come out, support, and celebrate this historic time with us on October 1st!

 

Pangea Legal Services partners with SFOP and PICO to lift up our client, Jaiderman's, story after release and in the greater context of Immigration Reform

FOR IMMEDIATE RELEASE: Monday, August 5. 2013 

CONTACT: Lorena Melgarejo, San Francisco Organizing Project

PICO California Works to Melt the ICE and Keep Father of U.S. Citizens with his Children
: National faith-based network is turning up the heat on 30 House members with 
“Summer for Citizenship"

What:  SF faith leaders, Pangea Legal Services, immigrant advocates, and family members will gather at the SF ICE office to ask to stop the deportation of Jaiderman and the use of prosecutorial discretion

When: Monday, August 5th, 2013 at 12 p.m. PDT 

Where: San Francisco ICE office, 630 Sansome Street, San Francisco

Who: Bay area clergy who will deliver a letter signed by many clergy to ICE, undocumented Americans who will participate in the PICO Pilgrimage for a Pathway to Citizenship by walking  285 miles for 21 days to lift up the need for immigration reform, immigrant advocates, family members, including Jaiderman's brother who will share the story of the pain that Jaiderman's 5 and 7 year old US citizen children are feeling with all this uncertainty 

Visuals:  Jaiderman’s Guatemalan band, photos of his children and the family signs, clergy in vestments.

Family Photo, After Release, 8.3.2013.jpg

Pangea Prepares its First Fiancée Visa for Bi-National, Same-sex Couple

On June 26, 2013, the U.S. Supreme Court issued a landmark decision in United States v. Windsor, holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. The decision opened a range of immigration benefits to same-sex couples that were previously unavailable, including fiancé(e) visas.

Post-DOMA, U.S. citizens can petition for their foreign, same-sex fiancé(e) living abroad, upon a showing 1) that they met at least once within two years prior to filing the petition; and 2) that they intend to marry within 90 days of the foreign fiancé(e) entering the United States.

As Pangea Attorney, Marie Vincent, prepares to file one of the country's first same-sex fiancée visas for a lesbian couple, we are thrilled to serve as an instrument in the joining and uniting of immigrant families in our LGBT community.

 

1 LGBTFlad-DayNewsSociety.png

Update on the Dreamers detained in Nogales

NATIONAL—This is an update from the National Immigrant Youth Alliance on the status of the Dreamers who were detained yesterday at the Nogales Port of Entry:

The Dreamers were taken to Florence Detention Center late last night. They were moved to Eloy Detention Center this morning due to a lack of bed space. They are in high spirits and are making plans to organize inside the detention center. A ninth Dreamer was taken with the group to Eloy; biographical information on the ninth is forthcoming.

We are urging our supporters to call their representatives and ask them to support the Dreamers trying to come home. We have also launched a petition asking the Obama Administration to allow them to home home: http://action.dreamactivist.org/bringthemhome

The ICE Principal Legal Advisor Peter Vincent can be reached for comment at 202.732.5000.

Domestic violence survivors, women leaders rally against deportation program as SF Supes take up new legislation

Background:  For more than three years, the discredited S-Comm deportation program has roiled San Francisco, separating families and creating a chilling effect for witnesses and survivors of crimes who want to work with local law enforcement but fear deportation.

What: Domestic violence survivors, advocates, and their supporters will hold a “Women Against S-Comm” rally and press conference to call for an end to a controversial deportation program which has destroyed trust between local law enforcement and survivors of domestic violence.  

Following the event, anti-domestic violence advocates will deliver public comment before the Board of Supervisors as Supervisor John Avalos introduces a new ordinance to repair S-Comm’s continuing, negative impact on public safety San Francisco. The measure, co-sponsored by eight supervisors, will strengthen community confidence in law enforcement, preserve local resources, and uphold the fundamental principle of due process. The text of the legislation will be unveiled at noon on Tuesday.

A recent University of Illinois at Chicago scientific survey of Latinos in four major cities highlights the growing damage caused by entangling local police and sheriffs with broken federal deportation policies. The study found that 70% of undocumented Latino immigrants are less likely to contact law enforcement authorities if they were victims of a crime– as are over a quarter of US-Born Latinos.

Maria Carolina Morales, Programs Co-Director at Community United Against Violence, stated, “We cannot have immigration enforcement procedures be tied to policing practices that already have high rates of error, especially when responding to domestic violence in the LGBT community."

Juanita Flores, Executive Director of Mujeres Unidas y Activas added: “This program creates a separate punishment for immigrant women surviving domestic violence when they call the police and we cannot stand for that.”

Who:  Supervisor Malia Cohen, one of the women co-sponsors of the new legislation is hosting the event with the San Francisco Domestic Violence Consortium. Affected domestic violence survivors, anti-domestic violence advocates, city supervisors, and community members will come together to introduce the new Due Process Ordinance, including:

  • Sup. Jane Kim
  • An immigrant women survivor of domestic violence
  • Beverly Upton, Executive Director, SF Domestic Violence Consortium 
  • Maria Carolina Morales, programs co-director, Community United Against Violence
  • Mamacoatl, a local 'artivist', will open the event with a song and prayer

Date: Tuesday, July 23rd

Time: 12:00pm

Location: Steps of City Hall, on Polk St., San Francisco (between Grove St. and McAllister St./Civic Center Bart) 

Organized by: The San Francisco Immigrant Rights Defense Committee, Domestic Violence Consortium, Mujeres Unidas y Activas, El/La para TransLatinas, San Francisco Women Against Rape and Community United Against Violence

Join us in giving the community support as we stand up for and move forward local immigration reform to protect our immigrant community, especially women and survivors of violence.  

SCOMM_2441_loRes.jpg

KIQI Radio: Pangea Encourages Community to Seek Consultations with Nonprofit Organizations and Attorneys in order to Avoid Notario Fraud

Pangea immigration attorney, Niloufar Khonsari, was featured on KIQI AM 1010, San Francisco’s Multicultural Radio Station on Thursday, June 11, at 10am.  With Marcos Gutierrez, executive producer and host of radio program “Hecho en California,” Khonsari informed Spanish-speaking immigrants in the San Francisco Bay Area about consequences of notario fraud in the context of comprehensive immigration reform. 

Highlighting the importance of receiving consultations from attorneys and nonprofit organizations, Khonsari encouraged immigrants to seek second opinions and provided specific information about the pending immigration reform bill. The interview began with Khonsari distinguishing the term “Notario” as defined in the United States with its meaning in Latin America. Khonsari and Gutierrez concluded with a call-in Q&A session for tuned-in listeners for whom Khonsari explained various legal matters and reiterated that the immigration reform bill is not yet final. 

For more information on Marcos Gutierrez and “Hecho en California” of KIQI, please see: http://www.hechoencalifornia1010.com/.  

PANGEA Joins Immigration Coalition for Pelosi Press Conference, Presenting Recommendations on Asylees and Refugees

San Francisco – Democratic Leader Nancy Pelosi will hold a press conference on comprehensive immigration reform today at 3:00 p.m. following a roundtable discussion with a coalition of labor, faith, and advocacy groups.  Leader Pelosi will highlight the need for comprehensive immigration reform and give an update on its progress in Washington. 

WHO:  Democratic Leader Nancy Pelosi; Putri Siti, Asian Students Promoting Immigrant Rights through Education (ASPIRE); Olga Miranda, President, SEIU Local 87; Father Richard Smith, San Francisco Organizing Project (SFOP)

WHAT:    Press Conference on Immigration Reform

WHEN:    Friday, June 21, 2013 at 3:00 p.m.    

WHERE:  San Francisco Federal Building, 90 7th Street, B-110, Basement Level, San Francisco

PRE-SET: For b-roll of the roundtable, press must be set at 2:30 p.m.

NOTE:      Please allow ample time to proceed though Federal Building security. 

Press must RSVP to evangeline.george@mail.house.gov