Deportation and hearing of 03/14/13
On Sat, May 04, 2013, 4:32 PM, Patrick Fox wrote:
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Sat, May 04, 2013, 4:32 PM
Subject:
Deportation and hearing of 03/14/13
Desiree: I just checked the court's web site and there is no hearing listed for 3/14/13. There is an entry for 3/12/13 but, as I said I was not provided notice so if there was, in fact, a hearing and an order then it would not be valid and would have to be vacated (just like the orders from the Arizona court when it was determined that California had jurisdiction). A court may not enter an order without providing all parties an opportunity to be present. It's the law. Now, about being deported on February 15: the ICE officers transported me to LAX and escorted me to the gate. Then they left. Under the legal definition of "in custody" the moment they left I was no longer "in custody" and was legally, then, released from ICE custody. LAX is located in the City of Los Angeles, so my statement was literally true. I boarded the plane of my own free will (because the ICE officers were no longer present) so I was not "deported" in the legal sense of the word. Again, my statements were literally true. In order for me to be "deported" in the legal sense I would have to be "in custody" until the point that I am physically removed from the United States. That was not the case on February 15, nor was it the case yesterday. I came to Vancouver on my own. Now, as I stated on the telephone, if you agree to return Gabriel to my custody upon the completion of the school year then I will not proceed with seeking to cancel your visitation. My legal address is still in California (regardless of where I happen to be, physically, at this moment), so the California court continues to have jurisdiction. Please recall, in November, the court said that if the statements about you and Kristopher, in my declaration, are true then you have some serious issues to consider. Also, be advised, I am in the process of having the removal order from 2009 vacated and once that's complete then ICE will have no legal basis to arrest or detain me further. The reason they keep arresting me and only re-instating that removal order, and not charging me with illegal re-entry is because their attorney knows that they cannot possibly convict me of illegal re-entry because they have already verified my birth record with Florida. It's just that darned prior removal order that gives them the legal authority to enforce it. Good day. Fox
