News Release:
Tuesday, January 12, 2010
Update: On Aug. 15, 2006, Safouh Hamoui was granted lawful permanent residence (a green card) in the United States. In November of 2004, the Ninth Circuit Court of Appeals granted the Hamoui family deportation relief stating that the Hamoui family was at risk of torture if they were deported to Syria.
26 April 2002
The Honorable John Ashcroft
United States Attorney General
United States Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
RE: Detention of Mr. and Mrs. Safouh Hamoui, and daughter Nadin.
Dear Attorney General Ashcroft:
I write to urge that you exercise your discretion to release the Safouh Hamoui family from Immigration and Naturalization Service local detention on humanitarian grounds, pending disposition of their case.
Mr. Safouh Hamoui, his wife Hanan Ismail, and their daughter Nadin, a community college student, have been detained in Seattle, Washington since late February, following their arrest under the Department of Justice "Absconder Apprehension Initiative." Mr. and Mrs. Hamoui also have two younger children at home, Rham age 14 and Mohamed age 12. Rham and Mohamed were not detained at the time of the Hamouis' arrest and are now in the care of a relative. Mohamed is an American citizen.
Two main factors distinguish the Hamouis' situation from other deportation cases. They are not absconders, and detention is exacerbating Hanan Ismail's medical condition.
The Hamouis are not "absconders." The Hamouis have lived openly for years in their community, in their business, and in attending local public schools. They have had strong and long-standing family and community ties in Lynnwood, Washington where they reside, and in Edmonds, Washington where they operate a successful community market. The Hamoui family originally entered the United States from Syria on visitor visas. Mr. Hamoui had been a military officer in the Syrian Air Force. Fearing serious repercussions, possibly torture, at the hands of the Syrian government, were they to return to Syria, the Hamouis applied for political asylum while in the United States.
There is strong evidence that the Hamouis' first attorney inadequately argued their case before the INS, leading to a subsequent denial of their asylum petition. While the Hamouis were awaiting a decision on a Convention Against Torture claim that their attorney had filed, they were issued a "bag and baggage" order to report immediately to INS for deportation. Their attorney advised the family that they need not concern themselves about the order, because their motion on the Convention Against Torture claim was pending and the "bag and baggage" order was therefore of no effect. While still waiting to learn the outcome of their Convention Against Torture claim, the Hamouis were shocked to be arrested for failing to appear for deportation.
The Hamouis are not absconders. In not appearing under the deportation order they were relying on the advice of their American attorney. Relying on the advice of counsel, they sincerely believed that they did not need to act upon this order. They knew they had a claim pending before the courts. They had been involved in the legal process for quite some time and had reasonably trusted the advice given by their attorney that they were following appropriate steps.
Hanan Ismail's medical condition is deteriorating. The second factor distinguishing their case is Hanan Ismail's medical condition, which has deteriorated since her February detention. She suffers from Crohn's Disease, an incurable illness that worsens over time, if not properly treated. Crohn's Disease is extremely aggravated by stress. Hanan Ismail's incarceration and separation from her two young children has adversely affected her condition. I understand that the detention facility's own physician favors Hanan's release pending resolution of her case.
I am extremely concerned over the unnecessary detention of this family. They have strong ties to their community where they have lived for years. They own and operate a small business, and their children attend local schools. They have been in the courts petitioning their asylum case for years and have never fled during all this time. They have abided by the law to the best of their ability, and there is no reason to believe they would not continue to do so if released from detention while their legal case is pending.
I respectfully urge that you exercise your discretion to release the Hamoui family from INS detention on humanitarian grounds, pending disposition of their case. At the very least, Hanan Ismail should be released from detention to care for her medical condition, and to be reunited with and to care for her two youngest children.
Sincerely,
Kathleen Taylor, Executive Director
cc: Larry D. Thompson Deputy Attorney General
Andrew McLachlan Office of Immigration Litigation
