Heredia Mons et al v. McAleenan et al

District of Columbia, dcd-1:2019-cv-01593

Declaration of Scott Sutterfield

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8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Mons, et al., Plaintiffs, No. 19-cv-1593 McAleenan, et al., Defendants. DECLARATION OF ACTING FIELD OFFICE DIRECTOR SCOTT SUTTERFIELD I, Scott Sutterfield, hereby make the following declaration with respect to the above- captioned matter: 1. I am the Acting Field Office Director employed by the United States Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), New Orleans, Louisiana Field Office. I have been employed with ICE since July 1987. I have been a Deputy Field Office Director at the New Orleans Field Office since November 2010 and the Acting Field Office Director since June 2019. 2. My duties as Acting Field Office Director include, among other things, responsibility for the overall management of the parole decision-making process for arriving aliens in ERO custody following determinations that they have a credible fear of persecution or torture. The subject matter of this declaration involves my official duties as a Deputy Field Office Director and Acting Field Office Director, and is based on personal knowledge and information made known to me in the course of my professional duties. 3. Arriving aliens who apply for asylum are subject to mandatory detention unless they establish credible fear of persecution or torture following an interview with an asylum 8 officer. If an alien establishes credible fear, the detained alien may be released on parole on a case-by-case basis provided the alien meets the limited criteria set forth in ICE Directive 11002.1, Parole of Arriving Aliens Found to Have a Credible Fear of Persecution or Torture (Dec. 8, 2009) (2009 ICE Parole Directive). According to paragraph 4.4 of the 2009 ICE Parole Directive, "(p)arole remains an inherently discretionary determination entrusted to the agency...." 4. Each case that is under consideration for a possible release on parole is reviewed for eligibility and consideration based on the facts of the individual alien's case. Consideration for parole is a three (3) tier recommendation process that is documented on the Record of Determination/Parole Determination Worksheet, with the final authority to grant or deny parole at the Field Office Director level. Once a detained alien meets the criteria as established in the 2009 ICE Parole Directive, the alien is amenable to parole. 5. Prior to the final parole determination, a deportation officer completes a Record of Determination/Parole Determination Worksheet (ICE Form 71-013) pursuant to the 2009 ICE Parole Directive. Deportation officers are in constant contact with detainees, and detainees and their attorneys routinely provide documents to their assigned deportation officers in support of parole requests. 6. Factors weighed in making a determination include: did the alien establish their identity to include a review of the identity documents of the alien; if the alien is considered a flight risk; what ties the alien has in the United States; the alien's stability and relationship to a sponsor; and whether the alien poses a danger to the community. Additional factors are considered to include if the alien established an urgent humanitarian reason or significant public benefit to warrant release. Additionally, our 8 Office of Enforcement and Removal Operations U.S. Department of Homeland Security 1010 East Whatley Rd. Oakdale, La. 71463 U.S. Immigration and Customs Enforcement Date: July 3, 2019 MENA-Lopez, Dairo In Reference to: A NOTIFICATION DECLINING TO GRANT PAROLE Dear: Dairo MENA-Lopez, This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole you, on March 1, 2019, ICE conducted an initial file review. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s): You have not established your identity to the satisfaction of ICE. You did not present valid, government-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction, establish your identity through credible statements. You have not established to ICE's satisfaction that you are not a flight risk. You failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community. Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, your appearance at required immigration hearings pending the outcome of your case. 8 0 You have not established to ICE's satisfaction that you are not a danger to the community or U.S. security. In making this determination, ICE has taken into account any evidence of past criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safety or danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have harmed or would likely harm yourself or others. D Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: ICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would alter ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfurnished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include the address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. Sincerely, Sac de Fazerfaith Scott L. Sutterfield Acting Field Office Director New Orleans, Louisiana 8 Ofice of Enforcement and Removal Operations U.S. Department of Homeland Security 1010 East Whatley Rd. Oakdale, La. 71463 U.S. Immigration and Customs Enforcement ELAND SEC July 31, 2019 M.R.M.H. NOTIFICATION DECLINING TO GRANT PAROLE Dear: This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole you, on July 8, 2019, ICE conducted an initial file review. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s): You have not established your identity to the satisfaction of ICE. You did not present valid, government-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction, establish your identity through credible statements. You have not established to ICE's satisfaction that you are not a flight risk. You failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community. Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, your appearance at required immigration hearings pending the outcome of your case. 8 You have not established to ICE's satisfaction that you are not a danger to the community or U.S. security. In making this determination, ICE has taken into account any evidence of past criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safety or danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have harmed or would likely harm yourself or others. O Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: ICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would alter ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfurnished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include the address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. Sincerely, Sate Satterfile Scott Sutterfield Acting Field Office Director New Orleans, Louisiana 8 Once of Enforcement and Removal Operations U.S. Department of Homeland Security 1010 East Whatley Rd. Oakdale, La 71463 IPAD U.S. Immigration and Customs Enforcement July 31, 2019 P.S.P. In Reference to: NOTIFICATION DECLINING TO GRANT PAROLE Dear: P.S.P. This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole you, on July 24, 2017 ICE conducted an initial interview with you. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s): | You have not established your identity to the satisfaction of ICE. You did not present valid, govemment-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction, establish your identity through credible statements. You have not established to ICE's satisfaction that you are not a flight risk. TVYou failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community. I✓ Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, your appearance at required immigration hearings pending the outcome of your case. 8 | You have not established to ICE's satisfaction that you are not a danger to the community or U.S. security. In making this determination, ICE has taken into account any evidence of past criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safety or danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have harmed or would likely harm yourself or others. Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: You arrived at Laredo, TX on 10/07/2018 without the proper documents to enter in the United States. You are considered a ICE enforcement priority. | JICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would alter ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfurnished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include the address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. Sincerely, Sate Satterfil Scott Sutterfield Field Office Director New Orleans, Louisiana 8 Office of Enforcement and Removal Operations U.S. Department of Homeland Security 1010 East Whatley Rd. Oakdale, La. 71463 U.S. Immigration and Customs Enforcement Date: July 23, 2019 Y.A.L In Reference to: A# NOTIFICATION DECLINING TO GRANT PAROLE Dear: This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole you, on 09/11/2018, ICE conducted an initial interview with you. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s): You have not established your identity to the satisfaction of ICE. You did not present valid, government-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction, establish your identity through credible statements. You have not established to ICE's satisfaction that you are not a flight risk. 0 You failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community. Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, your appearance at required immigration hearings pending the outcome of your case. T URUN. . Poswatcm 8 You have not established to ICE's satisfaction that you are not a danger to the community or U.S. security. In making this determination, ICE has taken into account any evidence of past criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safety or danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have harmed or would likely harm yourself or others. . Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: Issuance of a bond will not guarantee subject will appear for EOIR proceedings. MICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would alter ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfurnished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include the address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. Sincerely, Sat Suttofuit Scott. L. Sutterfield (a)Field Office Director New Orleans, Louisiana P R ENTIA T IVE AGREE PUHUDA 8 Office of Enforcement and Removal Operations U.S. Department of Homeland Security 1010 East Whatley Rd. Oakdale, La. 71463 U.S. Immigration and Customs Enforcement KELAS Date: July 8, 2019 Puche-Moreno, Douglas Enrique In Reference to: AF NOTIFICATION DECLINING TO GRANT PAROLE Dear: Puche-Moreno, Douglas Enrique This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole you, on 10/17/2018, ICE conducted an initial interview with you. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s): You have not established your identity to the satisfaction of ICE. You did not present valid, government-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction, establish your identity through credible statements. You have not established to ICE's satisfaction that you are not a flight risk, You failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community. Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, your appearance at required immigration hearings pending the outcome of your case. 8 You have not established to ICE's satisfaction that you are not a danger to the community or U.S. security. In making this determination, ICE has taken into account any evidence of past criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safety or danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have harmed or would likely harm yourself or others. Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: ICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would alter ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfurnished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include the address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. . Sincerely, Saat Suitenfuih Scott L. Sutterfield (a) Field Office Director New Orleans, Louisiana 8 () Olice of Enforcement and Removal Operations U.S. Department of Homeland Security 1010 East Whalley Rd. Oakdale, LA 71463 U.S. Immigration and Customs Enforcement MND Date: July 8, 2019 Toledo-Flores, Adrian In Reference to: A# NOTIFICATION DECLINING TO GRANT PAROLE Dear: Toledo-Flores, Adrian This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole you, on 10/17/2018, ICE conducted an initial interview with you. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s): You have not established your identity to the satisfaction of ICE. You did not present valid, government-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction, establish your identity through credible statements. You have not established to ICE's satisfaction that you are not a flight risk. You failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community. Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, · your appearance at required immigration hearings pending the outcome of your case. 8 You have not established to ICE's satisfaction that you are not a danger to the community or. U.S. security. In making this detcrmination, ICE has taken into account any evidence of past. criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safely or danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have hammcd or would likely harm yourself or others. Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militale against parolc, as follows: . ICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstratc any significant changed circumstances which would alter ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfinished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include thc address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. Sincerely, Stace z Fatlagnir Scott L. Sutterfield (a) Field Office Director New Orleans, Louisiana 8 Office of Enforcement and Removal Operations U.S. Department of Homeland Security 1010 East Whatley Road Oakdale, LA 71463 U.S. Immigration and Customs Enforcement VELA July 31, 2019 R.O.P. In Reference to: Dear: This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole such aliens, ICE conducts an initial interview and reviews their immigration files and any supplemental documentation provided. If ICE receives a written request for redetermination of a prior decision not to grant parole, ICE may elect to re-interview the alien or make a new decision based on documentary information, including any new information provided. Based on a review of all available information, ICE has determined that parole is not appropriate in your case at this time. This determination is based on the following reason(s): 0 You have not established your identity to the satisfaction of ICE. 0 You have not established to ICE's satisfaction that you will appear as required for immigration hearings, enforcement appointments, or other matters, if you are paroled from detention. You have not established to ICE's satisfaction you would not pose a danger to the community or U.S. security, if you are paroled from detention. www.ice.gov FO R M ULARI RESPECIFICATIONS FOR Romantic lontong sampa 8 Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: Recent Entrant, Enforcement Priority. ICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would change ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity we can verify. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) not to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Requests for redetermination which are not clearly explained will be returned without action. Sincerely, Sate I Satterfiler Scott L. Sutterfield Acting Field Office Director New Orleans, LA 8 Enforcement and Removal Operations Boston Field Office U.S. Department of Homeland Security 1000 District Avenue Burlington, MA 01803 SEPARTA U.S. Immigration and Customs Enforcement WDS SECU F.J.B.H. July 31, 2019 NOTIFICATION DECLINING TO GRANT PAROLE Dear Mr. F.J.B.H. This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community, As part of its determination whether to parole you, on July 29, 2019, ICE conducted an initial interview with you. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s); D You have not established your identity to the satisfaction of ICE. You did not present valid, government-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction; establish your identity through credible statements, You have not established to ICE's satisfaction that you are not a flight risk. You failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community. Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, your appearance at required immigration hearings pending the outcome of your case. You have not established to ICE's satisfaction that you are not a danger to the community or U.S. security. In making this determination, ICE has taken into account any evidence of past criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safety or 8 danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have harmed or would likely harm yourself or others. Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: ICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would alter ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfurnished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include the address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. Sincerely, Som 2 Futterguiles Scott L, Shutterfield Acting Field Office Director 8 Office of Enforcement and Removal Operations U.S. Department of Homeland Security 1250 Poydras Suite 325 New Orleans, LA 70113 U.S. Immigration and Customs Enforcement ELANY SECU August 02, 2019 Giron Martinez, Miguel Angel NOTIFICATION DECLINING TO GRANT PAROLE This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole you, August 01, 2019, ICE conducted an initial interview with you. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s): You have not established your identity to the satisfaction of ICE. You did not present valid, government-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction, establish your identity through credible statements. You have not established to ICE's satisfaction that you are not a flight risk. You failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community, Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, your appearance at required immigration hearings pending the outcome of your case. 8 NOTIFICATION FOR: Giron Martinez, Miguel Angel You have not established to ICE's satisfaction that you are not a danger to the community or U.S. security. In making this determination, ICE has taken into account any evidence of past criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safety or danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have harmed or would likely harm yourself or others. Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: maji. si DICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would alter ICE's previous determination. You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfurnished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include the address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redeterinination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. Sincerely, She Futterfeith Scott L. Sutterfield Acting Field Office Director New Orleans Field Office 8 office considers other factors, such as past criminal activity, immigration history, including instances involving fraud, inconsistent statements made to immigration officials, and information about the alien's sponsor. In some cases, a reasonable bond and/or placing the alien in an alternative-to-detention program would be considered to assure that the alien will appear for all hearings. If denied parole, an alien may request redetermination and may establish changed circumstance or submit additional evidence pursuant to that redetermination. This directive is still in effect in New Orleans and I have been instructed to follow the 2009 ICE Parole Directive until further notice. I am not aware of any officer in this field office using deterrence of future immigration as a factor in parole determination. 7. I am familiar with the above-captioned civil action related to the 2009 ICE Parole Directive. i..: 8. The following named Plaintiffs in the above-captioned civil action had their parole requests re-adjudicated by the New Orleans Field Office. These re-adjudications were done in accordance with the 2009 ICE Parole Directive: a. Angel Alejandro Heredia Mons' parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he is a recent entrant without proper documents to remain in the United Sates and considered a flight risk. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On June 27, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny Heredia Mons' parole as a flight risk who had a removal order issued by an 8 immigration judge. The immigration judge ordered Heredia Mons removed on December 26, 2018 and the Board of Immigration Appeals dismissed his appeal on June 20, 2019. b. Dairo Mena Lopez's parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he was a flight risk who did not possess any documents to remain in the United States. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On July 3, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny Mena Lopez's parole as a flight risk who could be removed upon the issuance of a final order. On August 1, 2019, Mena Lopez was granted asylum and is in the process of being released from custody. c. M.R.M.H.'s parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he had no documentation that would allow him to remain in the United States. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On July 31, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny M.R.M.H.'s parole as a flight risk who could be removed upon the issuance of a final order. The immigration judge ordered M.R.M.H. removed on July 16, 2019. 8 d. P.S.P.'s parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he was a recent entrant who was considered a flight risk. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On July 31, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny P.S.P.'s parole as a flight risk who had been ordered removed by an immigration judge pending an appeal with the Board of Immigration Appeals. The immigration judge ordered P.S.P. removed on May 17, 2019. e. Y.A.L.'s parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he was considered a flight risk. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On July 23, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny Y.A.L.'s parole as a flight risk who had been ordered removed by an immigration judge pending an appeal with the Board of Immigration Appeals. The immigration judge ordered Y.A.L. removed on February 27, 2019. f. Douglas Enrique Puche Moreno's parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he had been ordered removed by an immigration judge and the case had been remanded by the Board of Immigration Appeal. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On July 8 8, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny Puche Moreno's parole as a flight risk. The immigration judge ordered Puche Moreno removed on January 9, 2019. On June 27, 2019, the Board of Immigration Appeals remanded the case back to the immigration judge. g. Adrian Toledo Flores' parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he had been ordered removed by an immigration judge with an appeal pending with the Board of Immigration Appeals. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On July 8, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny Toledo Flores' parole as a flight risk. On February 5, 2019, the immigration judge ordered Toledo Flores removed. h. R.O.P.'s parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because his circumstances had not changed to merit release on parole. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On July 30, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny R.O.P.'s parole as a flight risk who had been ordered removed by an immigration judge pending appeal with the Board of Immigration Appeals. On March 25, 2019, the immigration judge ordered R.O.P. removed. 8 i. F.J.B.H.'s parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he is a recent entrant into the United States who had been ordered removed by an immigration judge. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On July 31, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny F.J.B.H.'s parole as a flight risk who had been ordered removed by an immigration judge. On June 11, 2019, the immigration judge ordered F.J.B.H. removed and he did not file a notice of appeal, making him subject to removal. j. Miguel Angel Giron Martinez's parole request was reconsidered. The Deportation Officer performed a review and recommended denying parole because he was considered a flight risk who had no family ties in United States. The reviewing Supervisory Detention and Deportation Officer concurred with that recommendation. On August 2, 2019, I concurred with the reasoning and recommendations of the Deportation Officer and Supervisory Detention and Deportation Officer, and concluded to deny Giron Martinez's parole as a flight risk who had a lack of solid family ties in the United States. 9. The following named Plaintiffs in the above-captioned civil action did not have their parole requests re-adjudicated by the New Orleans Field Office for the following reasons: a. Roland Nchango Tumenta is no longer in ICE custody. 8 b. J.M.R. is in ICE custody in another jurisdiction. He is presently detained at the Krome North Service Processing Center, Miami, Florida, and venue on his case was changed to the Miami Immigration Court. 10. The relevant Notifications Declining to Grant Parole are attached, Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed on this sth day of August, 2019 O Mes c se Scott Sutterfield Acting Field Office Director ICE New Orleans Field Office 8 Office of Enforcement and Removal Operations U.S. Department of Homeland Security 1010 Eas! Whatley Rd. Oakdale. LA. 71463 U.S. Immigration and Customs Enforcement SEC JUN 2 7 2019 Heredia Mons, Angel Alejandro In Reference to: NOTIFICATION DECLINING TO GRANT PAROLE Dear: Mr. Heredia Mons This letter is to inform you that U.S. Immigration and Customs Enforcement (ICE) has decided not to parole you from detention at this time. Under ICE policy, arriving aliens determined by an Asylum Officer to have a credible fear of persecution or torture are initially considered for parole. While the decision whether to grant parole is discretionary, ICE policy is generally to grant parole to aliens determined to have a credible fear if they establish their identity and that they pose neither a flight risk nor danger to the community. As part of its determination whether to parole you, December 28, 2018, ICE conducted a parole review with you. Your immigration files and any supplemental documentation that you provided were reviewed at that time. After reviewing all available information, ICE has determined that parole is not appropriate in your case at this time based on the following reason(s): You have not established your identity to the satisfaction of ICE. You did not present valid, government-issued documentation of identity, or any documents you submitted did not, to ICE's satisfaction, establish your identity. You did not provide third-party verification of your identity, or any third-party information you provided did not, to ICE's satisfaction, establish your identity. You did not, to ICE's satisfaction, establish your identity through credible statements. IV You have not established to ICE's satisfaction that you are not a flight risk. You failed to provide, to ICE's satisfaction, a valid U.S. address where you will reside while your immigration case is pending. You did not establish, to ICE's satisfaction, substantial ties to the community. ✓ Imposition of a bond or other conditions of parole would not ensure, to ICE's satisfaction, your appearance at required immigration hearings pending the outcome of your case. 8 You have not established to ICE's satisfaction that you are not a danger to the community or U.S. security. In making this determination, ICE has taken into account any evidence of past criminal activity, activity contrary to U.S. national security interests, activity giving rise to concerns of public safety or danger to the community, disciplinary infractions or incidents, or other criminal or detention history that shows you have harmed or would likely harm yourself or others. Additional exceptional, overriding factors (e.g., law enforcement interests or potential foreign policy consequences) in your case militate against parole, as follows: You applied for admission at Laredo, TX on July 11, 2018, and do not posses the proper documents to remain in the U.S. V ICE previously provided you with a written decision declining to grant parole, and you have failed to provide additional documentation or to demonstrate any significant changed circumstances which would alter ICE's previous determination. Wiki You may request a redetermination of this decision in writing, based upon changed circumstances in your case or additional documentation you would like ICE to consider. Such changed circumstances or documentation should relate to the reason(s) indicated above why ICE is not paroling you from custody at this time. For example, if you have not established your identity to ICE's satisfaction, you may wish to consider providing previously unfurnished government-issued documents such as passports, birth certificates, or identity cards. Identity can also be established through written statements prepared by individuals whom you know in the United States and whose identity ICE can verify to its satisfaction. These statements should include the address of the person you know in the United States and evidence of his or her identity. Finally, if there are multiple grounds checked above, you should try to provide further evidence addressing each of them. If you request redetermination of this decision, please direct your written request to the address above, include a copy of this letter and any other prior ICE written decision(s) declining to grant you parole, and clearly explain what changed circumstances or additional documents you would like considered. Failure to provide satisfactory documentation and explanation may result in a denial of your request for redetermination. Sincerely, Scott Sutterfield Acting Field Office Director New Orleans, Louisiana