Heredia Mons et al v. McAleenan et al

Declaration of Scott Sutterfield

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

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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