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Jeanette / Arturo ADELANTE – LA LUCHA SIGUE – LA Bendicion a todas las familias que viven aqui y hacia todas veniendo Digamos Dios Se Bendigan

May 15, 2017

Jeanette & Arturo announce significant victories… 

We insist Congress work to provide a path for all community members, grant Ingrid Encalada Latorre a stay!
“This stay will allow Arturo and Jeanette the time they need to show that they have a legal basis to remain lawfully in the country.  When everyone knows that the system is broken, you can’t pretend it’s fair.  People shouldn’t have to sacrifice their freedom to get the right result in their case.”

On Friday May 7,2017 the Trump Administration announced it would end a decades long courtesy granting community members with private bills pending stays of deportation. Jeanette Vizguerra and Arturo Hernandez Garcia were the last community members granted stays of deportation. After 3 months in Sanctuary, Jeanette will return to her family home and work while she awaits an answer on her UVISA application. Arturo Hernandez Garcia will have time to pursue permanent residency with his wife Ana.

Jeanette Vizguerra remains firm in her commitment to organizing her community, even as she celebrates this victory “Today I return to my family and children, but our system is tearing many other families apart. I will continue to lead the fight to keep families together, to grow the capacity of sanctuary and of my community to resist deportation and exploitation.” She has been fighting her deportation for eight years and her community organizing goes back almost two decades.

The same day Arturo and Jeanette were granted stays, ICE detained Marco Tulio, father and Sanctuary leader, at his appointment in Phoenix. “While I’m grateful to be able to pursue my legal fight, so many others aren’t allowed any path under this system even after decades of contributing our labor and lives to their communities and families. Marco Tulio, father of three, was detained at his check in yesterday in Phoenix. He also claimed Sanctuary and was granted relief in the past,” stated Arturo Hernandez Garcia. “These times are very uncertain for so many communities.”

 “We greet you today with happiness in our hearts as Jeanette and Arturo return to their lives for another brief time. However, we cannot fully enjoy this day as Ingrid continues her sacrifice for justice, now over 5 months, at Mountain View Friends Meeting. Many others in our community continue to be immorally separated from their families and livelihood. We call on Congress and the Administration to formally recognize the dignity of all 11 million people and end indiscriminate deportations.” Mike Morran, Pastor at First Unitarian Society of Denver.

“We are human beings. We are your neighbors and friends living and working alongside citizens. We will continue to resist until our full humanity, contributions and place in this country are recognized,” Ingrid Encalada Latorre.

Laura Lichter, Arturo’s attorney, expanded on that point in a statement Laura Lichter, Arturo’s attorney, expanded on that point in a statement, “These are individuals who the justice and immigration systems have failed. We shouldn’t be in a position where people have to sacrifice their freedom to get the correct result in their case.”

“Justice is a fundamental American value, but time and time again, the system fails immigrants like Arturo and Jeanette. The news that they were some of the last to benefit from this policy means that they–finally–got lucky. But the change means others will not be so lucky in the future.”

BACKGROUND

Ingrid Encalada Latorre came from Peru and made Colorado her home in 2000. She has lived almost half of her 33 years here in the US. She has two citizen children, Bryant who is 8 years old and Anibal who is a year and a half old and lived with her in Sanctuary these past five months.

Ingrid’s deportation began in 2010. She worked for many years at a nursing home to support herself and her son. Like millions of people who need to support their families, she used papers she had purchased to be able to work. This caused the IRS to contact the person to whom the papers belonged and that person filed a police report.

On April 22, 2010 the police arrested Ingrid at her nursing home job. She didn’t understand the felony plea, which allowed her to serve probation and pay the fines rather than serve jail time, would prevent her from being able to win her immigration case. Her lawyer advised her that the plea would not impact or harm her immigration case. She agreed to a felony plea and completed 4 1/2 years of probation and paid back $11,500 of back taxes.

Ingrid has found a new attorney who successfully argued her case at her first hearing on May 3, 2017. Her next hearing will take place in July. On May 3rd her immigration attorney, Jeff Joseph, filed a stay of deportation citing her ongoing legal case and Ingrid is awaiting a response.  

Arturo Hernandez Garcia has lived in the US for almost two decades and been fighting to keep his family together for seven years. He and his wife, Ana, came to the US from Chihuahua, Mexico in 1999 seeking better opportunities for their 3 month old daughter. He has two daughters; Mariana, 17, who is a DACA recipient and Andrea, 11, who is a US citizen. They built a life here and a business laying floors and their second daughter, Andrea, was born here in 2006.

Ana’s parents, both citizens, live here in the US and applied in 1992 for Ana to join them. That application has been pending for more than a quarter century.

Arturo’s deportation began in 2010 when another contractor at a jobsite hurled racial slurs at him and then accused Arturo of threatening him. A jury in Douglas County found Arturo not guilty, but his deportation continued.

On October 21, 2014, the day he was ordered to leave the US, he became the first person to claim Sanctuary in Colorado at First Unitarian Society of Denver. His 9 months of sacrifice and resistance ended on July 21, 2015 after ICE issued him a letter stating they would use discretion and not deport him. He returned to his home and rebuilt his business.

Last month, Immigration and Customs Enforcement detained Arturo at his work even though nothing in his case had changed. His attorney began to prepare a legal defense, Congressman Perlmutter, Polis and Senator Bennet advocated on his behalf as well as hundreds of community members who attended vigils led by Arturo’s family. He was released within a week on a brief reprieve while officials reviewed his case and to be able to attend his daughter Mariana’s high school graduation this coming Monday.

Jeanette Vizguerra, a Colorado community leader and mother, has led the fight against her own deportation for the past eight years. She is the mother of one DACA-recipient daughter, Tania, and three U.S. citizen children, Luna, Roberto, and Zury.

Jeanette Vizguerra immigrated to Colorado with her daughter and husband from her native Mexico City, Mexico in 1997 after her husband was threatened at gunpoint. Initially, Jeanette worked cleaning office buildings and became a member and later organizer of SEIU Local 105, where she fought for better pay and benefits for janitors. She joined Rights for All People, a local community organization, and worked to establish trust and relationship between the immigrant community and the police. She and her husband started a moving and cleaning company and eventually had three more US citizen children.

In 2009, Jeanette was placed into deportation proceedings following a routine traffic stop which resulted in a conviction in the Arapahoe County Court for M3 Attempted Possession of a Forged Instrument. In her immigration case, Jeanette applied for Cancellation of Removal, and became one of the first individuals in Colorado to publicly share the circumstances of her deportation case. Jeanette worked hard to inspire others with her courage and passion, but her case was denied by the Denver Immigration Judge on November 18, 2011.

On December 16, 2011, she appealed her case to the Board of Immigration Appeals. However, in September 2012, while her appeal was pending, Jeanette received a call from Mexico that her mother was dying. Despite 17 years in the US and thousands of miles, Jeanette and her mother spoke weekly. There are no humanitarian visas or programs available for those circumstances and Jeanette decided she had to be at her mother’s side before she died. She flew to Mexico the next day but, while she was in the air, her mother died. In departing, Jeanette withdrew her pending BIA appeal.

Seven months later, Jeanette returned to the United States to continue to care for her three U.S. citizen children, and on April 20, 2013 was apprehended by US Customs and Border Protection. On May 1, 2013 she pleaded guilty to one count of illegal entry under 8 USC 1325(a)(1) and was sentenced to one year unsupervised probation.

On June 7, 2013, Jeanette was released from ICE custody in El Paso, Texas under an Order of Supervision that ordered her to report to the ICE field office in Centennial, CO on July 10, 2013. She appeared, and was then ordered to check in a second time, on July 24, 2013. At that check-in, Jeanette was taken into custody. She filed an I-246, Application for Stay of Deportation or Removal for a period of one year, which was granted on August 8, 2013. Jeanette has fully complied with all terms of her Stay of Removal and received five extensions. On February 8, 2016, Jeanette filed a U-Visa application to USCIS as a victim of crime who cooperated with law enforcement officials in the prosecution of that crime.

Following the inauguration of President Donald Trump, on February 15, 2017, ICE denied Jeanette’s sixth Stay of Removal renewal application, and she entered into sanctuary at the First Unitarian Church in Denver, Colorado. On January 30, 2017, U.S. Congressman Jared Polis (CO-02) introduced H.R. 752, a private bill that would also provide Jeanette with a path to permanent residency. On February 8, 2017, H.R. 752 was assigned to the Immigration and Border Security subcommittee. On March 9, 2017, U.S. Senator Michael Bennet (D-CO) introduced S. 603, a private bill in the Senate that mirrors H.R. 752 and it also awaits a hearing in the Senate Judiciary committee.

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