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Immigration - He committed a felony and they allow him to stay.
November 19, 2007
To Whom It May Concern,
My name is Terri Noe and I am a victim of a violent crime. I am interested in suing immigration and I am unsure in how I could or can accomplish this. In a short summary this is my story. Growing up I was sexually abused by my father, Antonio Dulay Olaes, Jr. When I was 27 years old I pressed charges against him and he finally plead guilty of 2 counts of incest. He was sentenced 4 to 6 years and he served 5 years. He was released December 23, 2005 from NCCI in Massachusettes. There was clear evidence that he did this crime because I had a child that died during childbirth. There was 2 DNA’s that proved that he was the father of my child. Therefore, he took the plea. He began his sentence on January 21, 2000.
On November 14, 2000, my father was granted relief. He was illegal until that time with a criminal record that begins in 1971. I do have a copy of that record. Now he was ordered to be deported because according to immigration laws he committed a felony which was a sexual felony and was ordered for immediate deportation after his sentence. My father fought this with his attorney and it went before the BIA in Church Hill Virginia. They over turned this and said that he could stay in the United States.
Now according to them the reason that they overturned this was because there was an old law back in 1950’s at some point that says that in the state of Massachusettes incest was allowed between two consenting adults. There is a flaw in being able to use this law for him to be able to stay here in the states. The flaw is that I was not a consenting adult. In fact, when I had my daughter I was 17 years old. The problem that I am having with this is that the BIA would not allow the police report to come into the proceedings, which in turn makes them not know how old I was. Which clearly states that I was raped by my father and that there was incest.
I do not know how the immigration can get away with breaking their own laws when the laws clearly state that he did a felony, yet has allowed him to be in the states and continue to allow him to be here in the states. The first immigration order was for him to be deported because of this felony.
I am wanting to fight this. There has been a great misjustice done and I believe that someone should have to pay for this. We as citizens of the United States are giving mixed messages. We are deporting people that have not done any crimes, yet we allow someone that can rape their own daughter to continue to stay here in the states. Please do you think that you can help me or know where I can turn? I want to take Immigration to court and show that they can not allow this to happen and that I am a person that want to find justice even if they do not.
Sincerely,
Terri A. Noe
450 Budner Drive
Westminster, SC 29693
864-647-5187
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