[2005]
15-Year Immigration Battle Begins at the American Border

A Teen's Month-long Journey to America:
Lies & Deception at the Border

On November 28, 2005, at only 19 years old, Luis Enrique Gonzalez-Ortiz walked across the Texas border, seeking protection from gang recruitment, violence, and the threat of death. Frequently mistaken for his brother, whose affiliations with gangs had resulted in incarceration, Enrique faced harmful threats. The conditions of his life after high school became untenable as joblessness, crime, and violence were rampant in El Salvador.

In his first solo venture far from home, without prior knowledge of what was to come and without knowing English, Enrique turned himself in at the U.S. border. He was detained for 48-hours. English-speaking border agents processed the standard immigration documents that would set the stage for more than a decade-long battle to claim his right to a lawful presence within the country that became his home.

Border agents transported Enrique and other immigrants to a Greyhound bus station just inside the Texas border. Without concern for whether they understood the government expectations, the small group was left to find their way.

Enrique's next steps were outlined, in English only, in an official government document known as the Notice to Appear. The document was missing critical information, a deceptive practice that later became the subject of two landmark supreme court rulings, Pereira v. Sessions and Ortiz-Santiago v. Barr. This deception has since become the focus of the couple's 2020 appeal filed before the 7th Circuit Court.

[2006]
Legal Enough to Pay Income Tax

A One-Way Demonstration of "Good Moral Character"

Immediately following his arrival, Enrique applied for and was awarded a Federal Tax ID. Over the years, he worked multiple jobs with low pay and unacceptable conditions, including an 8-year stint as a machine operator for a southside metal fabricator.

The norm was jobs with long hours, repetitive work, insufficient supplies, and lack of communication and respect, sometimes including verbal abuse. Despite these conditions, Enrique held these jobs, demonstrating his stability, dedication, and "good moral character," (a USCIS requirement).

Today's highly politicized rhetoric seeks to divide the nation by demonizing immigrants by erroneously portraying the undocumented as a "public charge," which is far from the truth.

Untruthful at its core, the claim that undocumented immigrants come to the states to take advantage of social welfare programs, is one of the many soundbites intended to belittle immigrants and divide the nation for political gain. As Enrique and many other immigrants have conveyed, "Why would an undocumented immigrant seeking lawful residency in America, come to the nation they are so hopeful to seek refuge within, put their lives and freedom on the line by applying for social benefits?" More to the point, the vast majority of undocumented individuals note the path to legal residency is more promising for those who work hard, contribute to the economy and society, and pay into U.S. Tax coffers. To believe anything different is to accept the lies the Trump administration is peddling to turn citizens against safety-seeking immigrants.

According to a 2010 report by the American Immigration Council, undocumented immigrants pay as much as $90 billion in taxes but receive just $5 billion in benefits. The Institute on Taxation and Economic Policy (ITEP) estimated that in 2010 undocumented immigrants paid as much as $10.6 billion in state and local taxes alone.

For complete information on immigrant tax contributions see:
• IMMIGRATION, TAXATION, AND THE ECONOMY
• IMMIGRATION, INCOME TAX, AND SOCIAL ASSISTANCE
• EFFECTS OF UNAUTHORIZED IMMIGRATION ON THE ACTUARIAL STATUS OF THE SOCIAL SECURITY TRUST FUNDS
• UNDOCUMENTED IMMIGRANTS STATE AND LOCAL TAX CONTRIBUTIONS

“Altogether, according to the state and local tax data analysis—published by the Institute on Taxation and Economic Policy (ITEP)—undocumented immigrants contribute about $11.6 billion to the economy annually, including nearly $7 billion in sales and excise taxes and $3.6 billion in property taxes. They are, in economic terms, productive citizens, and pay a higher effective tax rate than the top 1 percent income bracket. That alone is not the primary reason they should be embraced as neighbors and coworkers. But it dissolves the myth that immigrants do nothing but drain public coffers.” - The Nation - Michelle Chen

"Undocumented immigrants nationwide pay on average an estimated 8% of their incomes in state and local taxes (this is their effective state and local tax rate). To put this in perspective, the top 1% of taxpayers pay an average nationwide effective tax rate of just 5.4%." ~Institute for Taxation and Economic Policy

"Good moral character" apparently does not apply to the Federal Government. As immigration looks the other way, the IRS continues to collect income tax revenues from immigrant workers while yet, immigrants awaiting legalization will never see the benefit. The one-way demonstration of moral character is nothing less than a white-collar demonsration of legalized robbery.

For Enrique and millions of other immigrants seeking to comply with the various requirements on a path towards legalization, the "demonstration of good moral character" has been far exceeded. Moreover, the application for the U.S. Tax ID and his 15-years of paying into U.S. tax coffers, is proof of his intention and character. In his perception, the routine filing of United States income taxes, also served as notification of his address. No hiding! No staying off the grid! No avoidance of his responsibility! Enrique, like millions of immigrants, was playing by the book in hopes to earn a path to stay within the country.

[2014]
For Better & For Worse
In Sickness, Health, & Deportation

Enrique and Harlon met in September of 2013 following weeks of chatting on a dating app. Described by the two as the proverbial, "love at first sight," the couple were inseparable from that first meeting. Nine months later, while in the dentist's chair waiting for a procedure, Harlon, 18-years Enrique's senior and a Chief Operating Officer for a home health agency, happened upon a Facebook post celebrating Indiana’s historic vote to permit same-sex couples to marry. Harlon turned to the hygienist and asserted, “I've gotta get out of here! I’m going to be married!” He abruptly left the office.

Starting with, “Can I keep you?” an endearing phrase he often whispered in a childlike voice as if to ask for permission to keep a newfound puppy, Harlon laid his heart on the line that evening. Although it would be Enrique's first gay relationship, the couple's connection proved convincing. The plan was hatched to marry the first thing the following morning. By 10 AM, June 26th, 2014, the two were hitched.

At that time, same-sex marriage was highly controversial for the conservative state of Indiana as with many places around the world, including Enrique's home country of El Salvador. The couple, seeking to dodge the press, rushed to the clerk's office early on the 2nd day of Indiana's historic marriages. Cameras, couples, reporters, and more were mulling around city hall as the energy was high for the historic event.

Despite their efforts to avoid the spotlight, just as they took their place before the Marion County Clerk BethWhite, their officiate, reporters bombarded the room seeking permission to broadcast the memorable event. In a spur-of-the-moment decision, the couple chose to allow the broadcast of their marriage in an effort to normalize the conversation about gay marriage. Serving as a positive example of love and equality, they bravely accepted the interview request. Their story hit the airwaves from Indy to El Salvador.

Within just minutes following the broadcast, the phone rang with supportive and shocked calls from Enrique's family. Outed by the news, Enrique had only recently come to accept his newly discovered lifestyle as a gay male. His "coming out" proved a significant adjustment in his own mind and in the hearts and minds of family and friends who, to that point, were unaware.

[2014]
"But... you are married!?!"

When Marriage to a U.S. Citizen Isn't Enough

In the process of preparing to file for the green card, a background check turned up a prior "Deportation Order" had been issued in "absentia" (absence) in 2006 because of Enrique's failure to appear for a hearing. Unaware a decision had been made, and suprised by the news of the deportation order, the couple's desperate and complicated journey towards legalization and equality had begun.

One of the final steps of the already approved marriage and path to the highly coveted green card, is for Enrique to return to El Salvador to be interviewed at the consulate. To leave the country holds great risk as the U.S. Gov't seeks to make good on the deportation order before acknowledging the couple's marriage. Appropriate steps must first be taken to correct the outstanding deportation order or Enrique would NOT be permitted to re-enter the U.S. A 3/10-year bar from re-entry would apply. The battle to remove the illigitimate deportation order had begun.

[2015]
Hardship Understated

After more than 20-years of expertise in health IT leadership, creating innovative technological solutions, and leading some of the most hi-tech projects and companies, he welcomed the change. In a matter of days, Harlon landed interviews for senior-level positions with top companies located in New Orleans, Santa Monica, and Louisville. It appeared, the couple were on their way to a new and exciting chapter.

Enrique and Harlon threw caution to the wind, visiting places in search for their new place to call "home." The couple fell fast for the diversity and uniqueness of New Orleans. Still, Harlon's skills, knowledge, and passion for tech innovations in healthcare were a perfect match for a Director-level post with one of the nation's top insurance companies. While the family continued to maintain their Indianapolis home, they also rented a downtown apartment in Louisville, where they stayed during the week. On weekends, they traveled to and from their Indianapolis home with their newest addition to the family in tow!

Never far from Harlon's mind was the threat of deportation. The lawyers were hard at work filing the various legal remedies to correct the situation as Harlon submerged himself in the new role and responsibilities. Enrique attended school to complete a high school equivalency to make up for his Salvadoran diploma that was not accepted within the states. While Harlon made his way in the senior executive post, like before in Indiana, Enrique met up with Kentucky real estate investors and continued to work in home remodeling.

The new position was demanding, the leadership was highly political, and the environment catered to a twenty-something workforce with its trendy "open" workspace and youthful allure. Creative and sometimes fun, the company struggled to build a cohesive team. The stakes were high, and the pressures were many.

Shortly after accepting the new position, Harlon began to suffer debilitating anxiety. Unclear the symptoms he was feeling, Harlon struggled to keep up with the changes. The leadership within the company was highly political within a culture that was thick with competition among top leaders. The company wreaked of ego, politics, and greed.

The couple's lack of momentum on the immigration front meant that Enrique could be deported into the harm's way of gang-controlled El Salvador, also known as the murder capital of the world. Harlon carried the brunt of fear 24-hours each day.

For six months, the struggle worsened. Making matters worse, the couple, also serving as the primary caregiver for Harlon's father, frequently traveled back to Indy to look in on Harlon's dad as his need for care steadily increased. Together, they stayed busy maintaining two homes, going back and forth, and taking care of Harlon's dad. Immigration fears top of mind; how would Harlon keep the pace if Enrique were forcefully removed?

Harlon sought professional help to cope with the stress, pain, and suffering that had manifest in depression and anxiety. With a psychologist's support, the couple decided something had to give. Harlon resigned from his position as the couple to move back to their Indy home. Nearing 50-years-of-age, and with increasing uncertainty about their future safety, he continued to seek treatment to help cope with constant worry.

Where might the couple be forced to live? What kind of work might they find (if any)? How could the couple provide for themselves? Would they take their new puppy that had become much the same as the couple's first child? Would they be forced to get rid of everything they own? Will they be safe? What will they have for health care? How would they afford it? The injustice of it all sparked rage. Why was this happening to the couple! How could their lives have taken such a turn for the worse?

[2016]
Living With Uncertainy

Taking Back Control

From their 2014 beginning, Enrique had expressed a passion for starting a business to invest in real estate development. It was his dream to stop working as a contractor for outside investors and instead to invest in rehabs. In January of 2016, in keeping with Enrique's vision, the couple launched Home Redevelopment Solutions, a real estate development company. At the same time they took the courageous steps to launch Enrique's dream career, Harlon completed an Indiana real estate license and began a real estate practice, HomesByHarlon.com.

They found their way to the east side, where the couple purchased a foreclosed home. Together they rehabbed the dilapidated house into a contemporary home — their first joint venture sold for a handsome profit.

While working on the east side, they found their way to the community of Christian Park, where they eventually moved to take on the revitalization of an entire neighborhood, one house at a time. Starting first with a foreclosure that would become their own home affectionately named "Casa De Esperanza" or "House of Hope," and then moving on to invest in the development of rentals within the community, they enjoyed rapid success. They started and grew the My Christian Park Neighborhood Association that championed significant issues facing the community.

Together they tackled flips, rentals, and other home improvement projects with ease. They enjoyed working together and discovered a complementary vision and creative eye for contemporary design and kitchen workflow. Having completed several kitchens and baths along the way, the two began to offer remodeling services direct to local consumers.

The company's kitchen and bath refresh packages took off as one-by-one their brand recognition (and savvy use of social media) led to the rapid growth of the firm. Their work was featured on the evening news (Revitalizing Indianapolis' East Side, One Home at a Time).

They never stopped looking over their shoulders as darker forces always seemed not far away. Family separations had become increasingly prevalent, while the threat of ICE, incarceration, and deportation remained an everyday concern. The two focused on their work and giving back to their community to combat anxiety, fear, and disappointment.

[August 2016]
I-130 Petition for Alien
Relative Filed

Begging for Permission

Immediately following the marriage(s), lawyers filed a motion to “Stay of Deportation,” a commonly used legal tool that essentially shielded the couple from the late-night knock on the door so prominent with ICE. The Stay was granted. Approved for a period of 12-months, the fear of imminent deportation was now somewhat relaxed. The I-130 "Petition for Alien Relative" was filed on August 22, 2016, along with an application for “Work Authorization.” The wait continued!

[April 2017]
I-130 Marriage Interview

Proving Their Love

The interviews, a formal procedure conducted by immigration officials designed to "test the marriage" (determine its validity), was passed. Notwithstanding the additional stress and strain of the intimidating process, before attending the pre-scheduled date for the interview, the legal team attempted to prepare the couple for what to expect. The couple was informed that only on rare occasions are couples taken back for separate interviews. As with the many disappointments throughout their journey, Enrique and Harlon were among the rare cases. The two were interviewed separately. Unlike most situations where same day approval is granted, the couple's results were delayed. The interview was "continued" for further evidence to be reviewed.

[June 2017]
Marriage - Approved

Checking Another Box

Enrique and Harlon were relieved when the news of the approved marriage was received. Having lived a life of discrimination for being gay, Harlon felt as if the couple had been forced to beg for permission to love and to be together. With the begging for permission now behind them, the couple could move on to the next steps to remedy the situation. The marriage was approved, checking yet another of the required boxes for immigration.

Accompanied by the approved I-130, the lawyers filed a motion for “Administrative ReOpen.” An administrative tool intended not only to stop efforts to deport and allow time for the submission of other facts (i.e., their approved marriage petition and review of the defective NTA). If granted, the reopen would ultimately enable a judge to evaluate the merits of the case and hopefully cancel the deportation order.

When approved by an immigration judge, the "Motion for Administrative ReOpen" could then be followed by an "Administrative Closure" effectively stopping ICE’s ability to pursue deportation and resolving the illegitimate deportation order once-and-for-all. Judicial discretion is the key.

The family's fate was in the hands of the U.S. immigration system as they waited months for various applications and approvals. Who could have known at that time, that the election of a new President would usher in a cadence of racist policy shifts that would all but undo the positive momentum? As the new administration took its aim on immigration.

[2017]
Dismantling Immigration

Trump Changes Immigration
[and Destroys the Couple's Case]

While it may be true, the Obama administration executed an unprecedented number of deportations while in office, his approach took baby steps towards remedying age-old problems vexing American policy on immigration. Attempting to correct an already failing system with the developments of the Deferred Action for Childhood Arrivals (DACA) program, a change of enforcement priorities that genuinely focused on criminals, and an overall more humanitarian approach, the country offered compassion in immigration.

In a November 2014 memorandum, Jeh Charles Johnson, the United States Secretary of Homeland Security under Obama, outlined new priorities for the Apprehension, Detention, and Removal of Undocumented Immigrants. The guidelines empowered immigration judges to use "prosecutorial discretion" while focusing removal priorities on individuals with criminal backgrounds, including:

Aliens who pose national security threats, convicted felons, gang members and illegal entrants apprehended at the border,
Persons convicted of significant or multiple misdemeanors and individuals who entered or reentered this country unlawfully after January 1, 2014
Persons who are non-criminals but have failed to abide by a final order of removal issued on or after January 1, 2014, were the priorities for enforcement.

For the Gonzalez-Wilson family, and countless others across the nation working to correct immigration documents, the process can be overwhelming. For some, options are limited. Because Enrique's is not a "final order of removal," various legal remedies remain, although his case relies on judicial discretion.

For decades, immigration proved a severe and politically divisive issue. During Obama's tenure, the President made advances towards a more humanitarian approach although, not without obstruction and delays by the President's opponents. With DACA, the President sought to protect children of immigrants embedded within churches, schools, little leagues, and communities across the nation. He also acknowledged the millions of Latinos who were working, living, playing, and positively contributing to American employers, organizations, and communities, thus providing legal remedies with fairness and justice.

Case in point, Enrique's attorneys successfully filed for and was granted a "Stay of Deportation." A year later (January 2017), still under Obama's Presidency, a 12-month extension was awarded. During the same timeframe, their marriage was tested (the earlier mentioned I130) and approved, and their "Motion to Reopen Proceedings" had been filed. With both Stays and the approved marriage in hand, the green card seemed within reach.

By the end of that same year, the newly elected Trump administration was well underway, making good on campaign promises to crack down on immigration. By that time, another extension to the Stay would be needed. The two became increasingly concerned about their pending request for an extension, which, if denied, would place Enrique at a significant risk of deportation.

The headlines grew increasingly grueling as day-by-day, hour-by-hour, human rights atrocities were perpetrated against innocent immigrants living in America. By unleashing their aggressive stance on deportations, referred to by some as “one of the largest ethnic cleansing campaigns in the history of the world,” the removal of judicial discretion from judges presiding over immigration cases, and unilateral shifts in policies handed down by then-Attorney General Jeff Sessions, white-collar domestic terrorism had taken hold. Unleashed by the government of the United States, it was clear, the Trump administration would get away with unconscionable crimes against innocent Latino families - the Gonzalez-Wilson household included.

Other Must Read Links:
• Jeff Sessions’ ‘Unprecedented’ Legacy in Immigration Court
• Jeff Sessions Is Out, But His Dark Vision for Immigration Policy Lives On
• Immigration Under Trump: A Review of Policy Shifts In the Year Since the Election

[January 2018]
Stay of Deportation - Denied

The Trump Effect

Efforts to administratively correct the deportation order was now squarely under attack. The couple's request for an extension for the Stay was denied at a time when a massive build-up of ICE raids, a mantra to build a wall, travel bans, and sweeping incarcerations were the norm.

Similar to the unthinkable mass deportations in the late 1920's and early 1930's under Hoover, Enrique was now closer than ever before to an unjust deportation! With the denial of the couple's Stay came a demand for a travel itinerary to be submitted by March 6, 2018. The unthinkable had happened! They were ordered to leave the country!

There it was - just like that! "After consideration of all arguments and supporting documents, ICE ERO has determined that the favorable exercise of discretion is NOT warranted." "...this application for a Stay of Deportation or Removal is DENIED and Mr. Gonzalez-Ortiz has until March 6, 2018 to provide a travel itinerary to depart the United States.

Without consideration for his excellent standing of more than a decade of positive contributions to society, caring for family and others, working and paying income taxes, and living deeply intertwined in the community, despite the dangers of being outcast for his newly discovered gay lifestyle, and despite an immigration-approved marriage, Enrique was instructed to leave. His only option - to return to the unsafe conditions of El Salvador.

Since taking office, the administration’s insatiable thirst for deportations had resulted in the denial of nearly 100% of all applications for Stays. Sadly, they have not only denied Enrique's request for the additional time, but they've also set the stage for his deportation, an immigrant who has done nothing less than to positively impact the lives of so many. Despite legal remedies once availed (not the least bit of important being Harlon's rights as a U.S. citizen spouse), their case was looking grim. Their American dream as a married couple living in the U.S. was nearing an abrupt end.

[2018]
Collateral Damage

Due Process Under Fire

About the time their request to extend the Stay had been denied, Sessions' published a new memorandum undoing the more humane stance set forth by the prior administration. Cloaked under the auspices of improvements to the process, the Attorney General sought to stop all possible legal remedies available to immigrants seeking to pursue legal residency.

Policy shifts came out of Washington at rapid-fire succession, making it almost impossible for immigrants and their attorneys to keep up with the changes. As the noose became tighter on the couple's ability to remedy the situation, a shocking cadence of daily headlines echoed policy shifts on immigration. The tightening grip of the new conservative government unleashed a rapid-fire approach towards putting immediate blocks on every possible pathway undocumented immigrants could take to correct their situation.

Under the new administration, Enrique's claim no longer could be considered for the "Administrative Closure" they had worked so hard to achieve. A "Closure" could have previously been granted by an immigration judge who would have had the opportunity to hear the individual testimony and then rule on the individual merits of our case. Sessions' new policy rescinded "prosecutorial discretion," thus stripping one of the critical tools available to impartial immigration judges. The humanitarian side of immigration had died.

More specifically, Attorney General Sessions paved the way for the rapid push of tens of thousands of undocumented immigrants through the court system that, for all its shortcomings, had now been relegated to a deportation force unlike any other time in the nation's history.

Strictly a numbers game, the memorandum asserted, "The timely and efficient conclusion of cases serves the national interest. Unwarranted delays and delayed decision making do not. The ultimate disposition for each case in which an alien's removability has been established must be either a removal order or a grant of relief or protection from removal provided for under our immigration laws, as appropriate and consistent with applicable law." Stays, continuances, or recalendaring of cases, administrative opens, and closes, among other devices, once used to remedy the situation were now prohibited.

Circumventing due process while rushing cases through the courts, Sessions' calls for "Meritless cases or motions pending before the immigration courts or the Board of Immigration Appeals should be promptly resolved consistent with applicable law." Worse still - cloaked in a move described as "process improvements," the compensation of judges was tied to "performance measures" intended to push for quickening the system. "The efficient and timely completion of cases and motions before EOIR is aided by the use of performance measures to ensure that EOIR adjudicates cases fairly, expeditiously, and uniformly in accordance with its mission." A coverup for racists efforts to rid the country of Hispanics, the combination of new policies and stricter measures of the performance of immigration judges turned all of immigration into a deportation force.

With Trump and Sessions, it's a numbers game. While the combination of the "Stay" and the "Administrative Closure" would have allowed the necessary time to complete the process of obtaining the green card, Attorney General Jeff Sessions' new policies made it impossible for individuals to stay in the country while waiting for the visa or green card. The couple was losing hope.

Record Numbers of Immigration Judges Resign
Trump Administration's Policies to Blame

The new administration has since unleashed an approach to immigration that lacks fundamental human rights and delivers a sweeping, destructive blow to the Latino community.

Read More about the Trump Administration's Zero-Tolerance Policies Here:

• How Trump Changed the Rules to Arrest More Non-Criminal Immigrants

• Jeff Sessions Just Getting Started On Deporting More Immigrants

• Trump Administration Wants to Set Record Number of Deportations, Former Ice Official Says

• Memo Signed by DHS Secretary Describe Sweeping New Guidelines for Deporting Illegal Immigrants

[2018]
"Administrative Open" -Denied
"Motion to Reconsider"-Granted

Following the targeting of then-Attorney General Jeff Sessions to shut down approval of "administrative opens," like clockwork, the couple's first motion was denied. Attorneys then filed a "Motion for Reconsideration," which, to their surprise, was approved. With the case now re-opened for further review, a future hearing would be set. More importantly, the currently approved "administrative open" would effectively serve as a Stay, thus removing Enrique from the direct threat of deportation. Indiana Congressman Andre Carson's office confirmed the couple was no longer on ICE's list. A brief reprieve of terror was achieved.

[June 2018]
Family Separations
Sparks Advocacy

Looking high into the blue sky, Harlon stood at the base of the State House steps in Downtown Indianapolis where thousands of rally-goers had assembled. As activists took the make-shift stage at the top of the steep staircase, it was not lost on him that on this day, he would be taking a stand against the unthinkable, family separations. As activists take the stage to raise their voices against the inhumane practices of this administration, thousands of children of all ages were being torn from their mothers' arms as they attempt to seek refuge in the U.S.

Fed up with the injustice of his family's battle, disgusted and appalled with the racist targeting of the administration, and outraged by the struggle he found his family squarely within, on this day, silence was not an option.

Making their contempt known on that Spring morning of the rally, the protest was featured on the front page of the Indy Star: Immigration protest march: 'What is happening at the border is wrong'.

[July 2018]
What about us? Peaceful Resistance Rally for Human-Centered Immigration Reform

Within only weeks of the Families Belong Together event, Harlon and Enrique hosted a rally to call for human-centered reform. As the current administration continued to take aim with dangerous policy shifts intended to open doors for volumes of deportations (without due process), family separations continued into the thousands. As their case suffered one disappointing setback after another, the couple chose to take a stand!

The "What about us?" Peaceful Resistance Rally for Human-Centered Immigration Reform was chock-full of presentations by knowledge experts speaking out on the topic of immigration. Creative artists expressed their support with poetry, music, and dance intended to echo a call for reform. This, one of our many efforts of positive indignation, accomplished the expected results - to draw awareness to the tragedy that is American immigration with a call for reform and a halt to family separations!

[August 2018]
Donald Trump Jr. Blasts Political Opponent for Supporting DeportingLove

"Donnelly’s political director, Michael Lindburg, spoke at a July 15 rally hosted by Deporting Love, a left-wing group that compares immigration enforcement to the Holocaust and the Trump administration to Nazis."
Donald Trump Jr. - August 29, 2019 - Courier Press

[August 2018]
Application for Cancellation of Removal & Adjustment
of Status Filed

Pereira v. Session - Supreme Court Finds "Cancellation of Removal" a Remedy for Missing Date & Time on NTA

On June 21, 2018, the U.S. Supreme Court decided Pereira v. Sessions, the precedent-setting decision, held that in order for a "Notice to Appear" (NTA) to provide any notice at all, it must first include basic information such as the date, time, and location of said hearing. Failure to provide the missing information frequently typed in with "To Be Set," was determined to be a defect as it does not give notice about the approaching hearing at all.

In Pereira, the Supreme Court held, "a notice that does not inform a noncitizen when and where to appear for removal proceedings is not a 'notice to appear under section 1229(a)' and therefore does not trigger the stop-time rule."

A noncitizen may qualify for "Cancellation of Removal" if they have lived within the United States for more than 10-years in good standing. Preriera contends the combination of a defective NTA, a 10-year presence that meets the stop-time rule, and a demonstration of good moral character is a qualification for Cancellation. Enrique's case checked all the appropriate boxes. The couple waited again to receive a future hearing date.

[January 2019]
Government Shutdown Results in Postponed Hearing

The hearing had been scheduled for January 2019. The highly politicized government shutdown resulted in the postponement of the hearing that might have finally canceled the removal order. Frustration, disappointment, disgust, fear, and anger continued to grow in the Gonzalez-Wilson household.

Their lives remained in a prepetual hold. Without any possibility of forward-planning, they continued to focus on their work in the community, health and wellness, and preparing for a possible future departure.

[August 2019]
Attended (rescheduled) Hearing
Motion to Terminate - Denied
Asylum Hearing Set for
April 2020

Coercion by Texas Judge Results in Denial

August 21, 2019 - Enrique, Harlon, and their legal team traveled to Chicago to attend the first hearing - a result of the 2018 "Motion to Administratively ReOpen" the case. The lawyers were particularly confident as the case had taken an unexpected turn for the better (or so it seemed).

Cancellation or Termination of the deportation was all but assured given the already robust argument on the basis of (Pereira v. Sessions) and the more recent landmark case settled in the Supreme Court (Ortiz-Santiago v. Barr) that further set the stage. The "defective" Notice to Appear (NTA), the lack of subsequent notice of the hearing, and Enrique's more than 10-years of presence within the states, inspired great confidence the deportation would be terminated.

In a shocking upset, the judge called into question whether Enrique would even have qualified for termination based on the sequence of events that had occurred. At aim was the timing of bringing forth the issue of the defective NTA. Because Enrique's legal pleadings held that the defective NTA had prejudiced the case by not providing the date and time of the initial hearing, the judge sought to understand why the issue had not previously been brought forth as part of earlier filings.

Making matters worse, in an astonishing sequence of events, a Texas judge coerced a confession when the couple's attorney applied for a change of venue from Texas to Chicago months earlier. The judge refused to approve the requested change of venue unless the attorney admitted to the allegations on Enrique's behalf. Believing the admission would later be excused, the attorney agreed to the admission.

While Enrique has been present for nearly 15-years, the timing of events was a critical consideration. The sequence of events, including the coerced admission to the allegations, the lack of earlier filing regarding the defective Notice to Appear, and misinterpretation of Supreme Court rulings regarding the defective NTA, resulted in a denied Motion to Terminate. A significant upset for the couple and their attorneys - the judge denied the motion while agreeing to preside over a future cancellation and asylum hearing. While the judge went on record confirming that she too had noted unusual practices were coming out of some Texas courtrooms, she did not excuse the attorney's coerced admission. A full trial was scheduled for April 8th, 2020.

[October 2019]
Appeal Filed for the Denied Motion to Terminate

The unethical tactics of the Texas judge sabotaged the couple's efforts to remedy the situation. The facts of the case aligning correctly with the parameters set forth by the two precedent-setting Supreme Court rulings, combined with Enrique's presence in the country for more than 14-years in good standing, suggests the judge had misinterpreted the recently settled findings. An appeal was filed with the Board of Immigration Appeals (BIA). It was apparent, the coercive tactics undertaken by the TX judge had unfairly prejudiced the couple's case.

Have other immigrants been unethically forced to make such an admission? Are other immigrants subject to harm following misinterpretation of the rulings? For Enrique and Harlon, there was no other choice but to rise up against corruption in the Texas courts on behalf of the countless other immigrants who may have faced the same criminal tactics! The couple filed an appeal.

[November 2019]
"Dismissal" of our BIA Appeal

In yet another major upset, the Board of Immigration Appeals (BIA) refused to consider their appeal! In a lengthy response comprised of several pages written in what could only be described as "circular logic," the BIA put an eloquent spin on the short answer, basically stating, "Since a hearing had been scheduled for April, take the matter up then." Under the watchful eye of Attorney General William Barr and the Department of Justice, a fair and impartial adjudication of the appeal was all but assured to fail. A case was filed in the Federal 7th Circuit court.

Was this just a misinterpretation of the recent ruling or, had the BIA skirted the issue, kicking the can down the line? The upcoming April hearing would not have been necessary had the facts of the case been more thoroughly evaluated in comparison to the recent case rulings. The "non-notice-to-appear," and border agent's refusal to retrieve the address from Enriques jacket pocket set the wheels in motion for a sequence of injustice that has lasted nearly 15-years. Were it not for the coercive tactics of the TX immigration judge, termination of the illegitimate deportation order might have been granted.

[November & December 2019]
U.S. Citizen Spouse Travels to
El Salvador

Searching for a Needle in the Haystack

With the Motion to Terminate denied and the appeal dismissed by the Board of Immigration Appeals, all that stands between the couple being forced into harm's way of El Salvador is the upcoming April 8th Chicago trial.

Facing imminent threat of deportation, Enrique and Harlon determined it best for Harlon to travel into the dangers of El Salvador to see for himself the conditions of the country. Two weeks in the country was barely enough time to evaluate the nation recognized a violent and dangerous place. Recent reports sounds the alarm with critical warnings regarding the dangers that await recent deportees. General unsafe conditions and lack of protections for LGTBQ in the country makes it a high travel risk for American travelers - especially recent deportees and gays!

According to the Human Rights Watch 2020 Report, "El Salvador has among the world’s highest homicide rates. Gangs exercise territorial control over specific neighborhoods and extort residents throughout the country. They forcibly recruit children and subject women, girls, and lesbian, gay, bisexual, and transgender (LGBT) individuals to sexual abuse. Gangs kill, disappear, rape, or displace those who resist. These conditions have resulted in internal and cross-border displacement." Following more than one terrifying experience while there, I am gravely concerned about being forced out of the U.S. and into harm's way of El Salvador.

El Salvador is a country the size of the couple's home-state of Indiana. Enrique's sister carefully orchestrated Harlon's visit as they drove from one end of the country to the other, sometimes more than once, to explore specific neighborhoods, meet and talk to locals, to evaluate housing conditions, and to attempt to get a read of gay lifestyle inside the country. Weeks before Harlon's arrival, a bodyguard who also served as a translator and driver was hired.

Terrified, but with no other options, Harlon set out to find a safe place for the family to land in the event of deportation. He'd hoped to find opportunities where the family could potentially live off-the-grid where their status as a same-sex married couple would not draw attention or risk their safety.

Harlon observed a country far behind in development. Acceptance and diversity was nearly impossible to evaluation. Typical homes were made of cinderblocks, mud, and tin roofs as most homes were void of running water and did not contain sanitary kitchens or bathrooms. For many families in El Salvador living off the land includes chickens, goats, cows, and crops as their main provisions. Families who own the most cows were the wealthy of the community. No matter the age or gender, a day's work (if one could find a job) provides a meal for the day as the economic conditions left little opportunity for locals to provide for themselves.

Infrastructure was limited as few roads connected the nation's capital of San Salvador with the many other small towns and villages scattered all across the beautiful landscape. The country is over-populated while under-capitalized, creates dangerous clusters of people on buses, trucks, bikes, cycles, and on foot, hustling within various city-centers.

As reported by many recent news outlets and covered in a 60 Minutes Feature report, a frightening display of military, police, and security guards can be seen throughout the streets, public spaces, and markets in most of the small towns visited. For locals, the overwhelming presence of uniformed men boldly brandishing weapons was a source of comfort.

Heavily steeped in Catholic underpinnings, the nation's religious foundation has left it far behind other countries and the rest of the world in its acceptance of LGTBQ rights and protections. Without LGTBQ+ protections in this Central American nation, prosecution rarely follows crimes against gays.

Harlon spent most of his time in the country in fear of the unknown dangers of the territory. He stayed close to the hotel and never explored out on his own for fear of being the target of extortion. In one town, Harlon's driver was approached by twy men, one of which he later discovered was a territory leader for a local gang. "Tell the American to give us money to buy a keg of beer," the man whispered to the driver. The driver did not comply.

Along the roadside, a body laid wrapped in a bedsheet. Harlon, shielded from observing the gruesome discovery himself, was later informed by the driver. "We ignore it!" He continued, "Around here, people disappearing is common. We don't ask any questions and go on about our business."

The country's new President, Nayib Bukele, seems to be making some inroads in his promise to crack down on the gangs. With unprecedented support from the locals, he appears to be making headway. Turning around an entire country in shambles from decades of war and government corruption at the highest levels will likely take decades - more time than a one-term president will have in office.

El Salvador remains one of the few holdouts refusing to accept same-sex marriage. The nation's Latino culture is steeped in male dominance, often referred to as "machismo." The country remains a high-risk for American travelers. Enrique and Harlon could face almost certain danger if forced to deport to El Salvador as recent reports published by Human Rights Watch and International Rescue Comittee (IRC) indicate. Large numbers of U.S. Deportees are murdered upon their return to the country.

On the rare occasion that Harlon felt comfortable opening up to locals, he approached the subject of gay life within the country. In every conversation on the controversial topic, he witnessed the other's discomfort. He became convinced, a move to El Salvador would be a step backward in time. Memories of severe judgment, discrimination, and bullying he had endured as a young gay male in the United States in the 1980's and 90's resurfaced. This is what El Salvador would be!

Each conversation seemed awkward as locals were visibly uncomfortable discussing the topic. In almost every communication, he was informed of how gay life was considered "taboo." In one trusted conversation, Harlon referred to Enrique as his "husband." He was abruptly coached that "husband" was not the accepted vernacular. "Partner" or "friend" were the recommended terminology. According to locals who felt comfortable answering Harlon's inquiries, LGTBQ+ issues are not to be discussed in modern-day El Salvador.

While the countryside's lush vegetation and extra-ordinary sunkissed mountains were stunning, Harlon left the country with a better sense of the missing link in his perception of what lies ahead. He left his heart in El Salvador for the family and the people he had the opportunity to meet. He also discovered an underlying fear while in the country, unlike any he'd faced before. To be forced to live in the country would be being forced to live in constant fear and judgment.

Safety in El Salvador would mean living behind the steel gates, guards, and surveillance of a costly gated community. Freedom would be all but lost for this 50-something-white-gay-male embedded within the nearly 99% Latino society.

A potential target of extortion or an easy mark for homophobia, to live in El Salvador would be to live in constant fear. Equally as frightening for the couple would be the threat Enrique would face as a returning deportee. Searching for a safe place to call "home" in El Salvador proved as challenging as searching for a needle in the proverbial haystack. It seemed all but impossible today.

[December 2019 ]
Pleadings Filed with
7th Circuit Court

In December 2019, their legal team filed pleadings with the 7th Circuit. The earlier dismissed appeal was submitted to the Federal Court in hopes they will take up the case to overturn the August 2019 denied Motion to Terminate. The potentially precedent-setting case holds national significance in that it may help future immigrants who have also faced similar misinterpretation of the Supreme Court rulings.

If their case is accepted by the court - if the court then settles the matter on their behalf - the couple could continue with the processing of the green card. The 7th Circuit holds the power to intervene and finally resolve the illegitimate deportation order. But will they take up the case?

The wait continues!

[January 2020]
7th Circuit Sought Clarification
for Jurisdiction

The 7th Circuit responded to the pleadings requesting additional information. As expected, government prosecutors responded with strong language against the couple's call for the court to intervene, even bashing the claim as "wildly premature." The United States government has argued - the 7th Circuit does NOT have jurisdiction to step in before the April hearing and before a final order of removal had been reached. The Gonzalez-Wilson family and attorneys disagree and remain hopeful the 7th Circuit will take up the case prior to the April trial.

The United States Department of Justice Filing States...

Gonzalez-Ortiz asserts that review of the Board’s November 29, 2019 decision would allow him to avoid “becoming bound in the future by prejudicial errors” such as those “contained in the NTA and the error committed by the immigration judge when he forced Petitioner to plead to allegations” as part of his change of venue request. Memorandum at 3. Gonzalez-Ortiz also explains that he is asking this Court to “review a statutory violation of an immigration judge in misinterpreting regulations for a change of venue, and provide clear guidance on the interpretation of its ‘claims-processing’ characterization and corresponding timeliness and prejudice requirements as outlined in Ortiz-Santiago.” Memorandum at 3-4. However, this argument is wildly premature – to the extent he hinges his argument on some sort of possible regulatory or statutory violation based on his prior pleadings to the NTA and motion to change venue, his opportunity to present arguments in this regard is a separate issue, and it remains for the immigration court to outline its reasoning and analysis of those issues during the April 8, 2020 immigration court hearing, and any subsequent immigration proceedings that may be required as part of his removal proceedings.

In particular, to the extent Gonzalez-Ortiz argues jurisdiction is proper because this Court must review the immigration judge’s “imposition of an extra statutory requirement for a Request for Change of Venue under the [INA],” the Board concluded that this issue was not appropriate to be addressed in its interlocutory decision, but could be challenged in any future appeals from the immigration judge’s final decision. Memorandum at 3-4; Attach. A at 3. In this paragraph, the Board is clearly identifying its position that the immigration judge has not yet issued a final order of removal in these removal proceedings against Gonzalez-Ortiz, and that additional immigration hearings must be completed in order to allow the agency to provide its findings of fact and allow it to complete its administrative review.

The couple is awaiting the final decision of whether the 7th Circuit Court will take up the matter prior to our April hearing. At this time, the 7th Circuit and pending asylum hearing 4/8/2020 is the end of the road. No further legal remedies are in play.

[February 2020]
Where do we go from here?

The couple remains heads-down, preparing for the April asylum hearing. They're holding out hope the 7th Circuit Court will take up the Motion to Terminate as the preferred approach to remedy the situation and to get back on track to complete the green card. On April 8, 2020, a Chicago judge will decide the couple's fate.

Win or lose, Enrique will not be taken from the court that day. A letter with instruction will follow the determination from the hearing, likely giving the couple the green light to stay or notice to prepare for departure.

What You Can Do!

Want to know how you can help? Consider one or more of the following:

Subscribe, share, like, comment, follow, and tell everyone about DeportingLove.com!
Pay careful attention to Immigration Reform! Don't just sit on the sidelines! Immigration is impactful to the entire world right down to every community within the United States! The Gonzalez-Wilson long and winding path is one of many examples of how complex the American immigration process is. Inefficient, broken, and unjust - human-centered reform is needed! Get informed! Get involved! Add your voice to the coversation!
Volunteer! Donate! Get involved! From the Immigrant Welcome Center to other humanitarian non-profits dedicated to immigrant rights, please, it's essential that everyone get involved. Donations are needed to support legal services for those who can not otherwise afford it. Support for refugees and others uprooted from their homes is needed too.
Invite the press! What can be seen or heard can be changed! If you or someone you know has connections to national press, reporters, producers, radio show host, newspapers, magazines, or other publications, or if you have a personal connection to a celebrity who might be willing to help expose the injustice on behalf of all immigrants unjustly treated, please let us know about them and let them know about DeportingLove.com.
VOTE! Never before more important! Every single vote will count! Get out and VOTE these xenophobes out of office in every level of U.S. Gov't.
Most importantly, be kind! Welcome your immigrant and LGTBQ+ neighbors! Now is the time for unity!

Enrique's Journey

[2005] 15-Year Immigration Battle Begins at the American Border

A Teen's Month-long Journey to America: Lies & Deception at the Border

The Great Deception: A (non)-Notice to Appear

[2006]Legal Enough to Pay Income Tax

A One-Way Demonstration of "Good Moral Character"

[2014]For Better & For WorseIn Sickness, Health, & Deportation

When They Go Low - Go to Chicago!

Indiana's Stay of Same-Sex Marriage Results in 2nd Marriage

A New Normal

[2014]"But... you are married!?!"

When Marriage to a U.S. Citizen Isn't Enough

[2015]Hardship Understated

U.S. Citizen Spouse Harlon J. Wilson Faces Extreme Hardship

[2016]Living With Uncertainy

Taking Back Control

[August 2016]I-130 Petition for AlienRelative Filed

Begging for Permission

[April 2017]I-130 Marriage Interview

Proving Their Love

[June 2017]Marriage - Approved

Checking Another Box

[2017]Dismantling Immigration

Trump Changes Immigration [and Destroys the Couple's Case]

[January 2018]Stay of Deportation - Denied

The Trump Effect

[2018]Collateral Damage

Due Process Under Fire

Record Numbers of Immigration Judges ResignTrump Administration's Policies to Blame

[2018]"Administrative Open" -Denied"Motion to Reconsider"-Granted

[June 2018]Family Separations Sparks Advocacy

[July 2018]What about us? Peaceful Resistance Rally for Human-Centered Immigration Reform

[August 2018]Donald Trump Jr. Blasts Political Opponent for Supporting DeportingLove

[August 2018]Application for Cancellation of Removal & Adjustment of Status Filed

Pereira v. Session - Supreme Court Finds "Cancellation of Removal" a Remedy for Missing Date & Time on NTA

[January 2019]Government Shutdown Results in Postponed Hearing

[August 2019] Attended (rescheduled) Hearing Motion to Terminate - DeniedAsylum Hearing Set for April 2020

Coercion by Texas Judge Results in Denial

[October 2019]Appeal Filed for the Denied Motion to Terminate

[November 2019] "Dismissal" of our BIA Appeal

[November & December 2019]U.S. Citizen Spouse Travels to El Salvador

Searching for a Needle in the Haystack

[December 2019 ] Pleadings Filed with 7th Circuit Court

[January 2020]7th Circuit Sought Clarificationfor Jurisdiction

[February 2020]Where do we go from here?