05 January 2013

KingCast, the family of Hiu Lui Ng and the NYTimes present: Life, Death and Torture in Rhode Island.

Is this the sort of fellow the anti-immigration folks are referencing when they refer to these illegal immigrants and menacing scofflaws? I guess the Unofficial U.S. Policy is to beat them down until they die, then pay substantial court settlements to the grieving family, as if that makes it ok. As you read this, note that the main reason this gentleman was caught up by the system is because a notice to appear was sent to the wrong address. America: Land of the free, Home of the brave. Now I have no idea where the case ultimately was settled because as you can see here his Counsel filed an Oral Motion to Dismiss for lack of Jurisdiction that was apparently granted by my fellow Case Western Reserve alumnus John J. McConnell.

You do remember Hiu Lui Ng, right? If not, read the failed Homeland Security Motion to Dismiss Case No. 07-CV-290ML and Reporter Nina Bernstein will help you:

But when Mr. Ng, who had overstayed a visa years earlier, went to immigration headquarters in Manhattan last summer for his final interview for a green card, he was swept into immigration detention and shuttled through jails and detention centers in three New England states. In April, Mr. Ng began complaining of excruciating back pain. By mid-July, he could no longer walk or stand. And last Wednesday, two days after his 34th birthday, he died in the custody of Immigration and Customs Enforcement in a Rhode Island hospital, his spine fractured and his body riddled with cancer that had gone undiagnosed and untreated for months.

Mr. Ng told his lawyer he was ready to give up, the affidavit said, “because he could no longer withstand the suffering inside the facility,” but Officer Smith insisted that Mr. Ng would first have to withdraw all his appeals. The account of his treatment clearly disturbed the federal judge, William E. Smith of United States District Court in Providence, who instructed the government’s lawyer the next day to have the warden get Mr. Ng to the hospital for an M.R.I. The results were grim: cancer in his liver, lungs and bones, and a fractured spine. “ ‘I don’t have much time to live,’ ” his sister said he told her in a call from Rhode Island Hospital in Providence.

She said the doctor warned that if the family came to visit, immigration authorities might transfer her brother. Three days passed before the warden approved a family visit, she said, after demanding their Social Security numbers. Late in the afternoon of Aug. 5, as Mr. Ng lay on a gurney, hours away from death and still under guard, she and his wife held up his sons, 3 and 1. “Brother, don’t worry, don’t be afraid,” Ms. Zhao said, repeating her last words to him. “They are not going to send you back to the facility again. Brother, you are free now.”

No comments: