In my previous post I briefly explained how the Immigration officers arrested me and charged with false administrative violation that I have never committed. By that, they actually violated many subparts of Code of Federal regulations and statutes defining the extent of the legal power and authority the immigration officers must abide by while conducting arrests of people in the United States.
Before sharing all events in detail, I will explain the core-events of my arrest in order to describe how it was committed by the DHS officers:
So, as I realized much after my arrest was done, the immigration officers, one day before they arrested me, decided to conduct arrest based on Interpol Red Notice that was issued on my name by Russian officials' request. However, after they approached me in the USCIS office, to where I came after being invited for the initial asylum interview, they changed their initial reason for arrest into one that they expressed by the phrase that they "established my alienage” during the proximate facilitation of the arrest. During the arrest the immigration officers mentioned no single word about the initial reason that was actually the Interpol Red Notice on which they relied in making their decision to approach me one day before the arrest. But it was not the last jump from the one to another reasons to conduct the false arrest of me.
Thus, after the immigration officers, transported me wrapped in the chains and hancuffs to the Federal Building they again changed their reason into a new one. The new charge indicated that I remained in the United States ostensibly without permission from the DHS.
Markedly, when the officers bounced from the reasons to reasons it was not made based on questions and my answers rather it seemed like they wanted to collect and point out in the documents as much random reasons came to their mind suddenly as to be confident that one, at least, will be working out.
So, during and before my arrest the immigration officers jumped from reason to reason to make the wrong seem right. So, let’s see how the real events had unfolded in detail:
Before I entered the U.S. the last time through Chicago airport, I had visited many times the United States since 2006 and never violated any period for which I was authorized to remain in the United States.
The last time, I arrived in the United States on November 15, 2015, and was legally admitted to the United States as a tourist (B2 visa) with authorization to remain in the United States for six months under a non-immigrant status.
Far before the initial, non-immigrant status expired, I maintained my non-immigrant status by filing an asylum Form I-589 with the USCIS.
Several days after, the Department of Homeland Security (DHS) recognized me as an asylum seeker and, by the official written document which they mailed to me, they permitted me to remain in the United States with a single condition – until my asylum application I-589 is decided by the USCIS.
The DHS’s permission to remain in the United States also conformed with the information that the DHS posted on the Official Public Instructions for asylum Form I-589, in which on page 12, Section III the DHS states with precise and plain language: "While your case is pending, you will be permitted to remain in the United States" These Instruction is opened for public on the following link https://www.uscis.gov/i-589.
Nevertheless, approximately two-and-a-half years later, on September 12 of 2018, I was invited to the USCIS office for initial asylum interview but was approached by the immigration officers (the DHS’s employees), arrested, and charged with the only written official administrative violation that I remained in the United States ostensibly without permission. The DHS disregarded that fact that they by itself permitted me to remain in the United States by writing official document as a recognized asylum seeker.
Following this false arrest and charge, I had been illegally subjected for 525 days of the illegal immigration detention and my asylum application was referred from the USCIS to the Immigration Court for deportation proceedings commenced on the basis of false charge expressed in remaining in the U.S. ostensibly without permission in violation of the U. S. Immigration law, in other words - based on false accusation that I have never committed.
Significantly, on and before the day when I was arrested and falsely charged, my asylum application I-589 had not been decided yet by the USCIS, my permission to remain in the U.S. had never been revoked, and I had still been recognized by the DHS as an asylum seeker.
As I mentioned above, during the proximate arrest immigration officers said no words about Interpol Red Notice because they actually do not have legal authorities to conduct arrest based on Interpol. Everything seemed like the arrest had been facilitated on the basis of the immigration violation that indeed, if had been true, would have fallen under the immigration officer’s authority to conduct an arrest.
However, six months later, during my attempt to be released on Rodriguez bond from illegal detention that I served in the country of freedom for violation I had never committed, I received the government evidence prepared for that bond hearing, among which was an official form I-213 and its attachment – the immigration officers’ narrative establishing the real reason of the conducted arrest.
Helpful Links:
By that, six months after the proximate arrest, I was eventually familiarized with the real - initial reason of my arrest. Probably, the officers was too shy to open the real cause of my arrest earlier, since it was a shame to their occupation because they were hired to secure the United States law instead of violating it only in order to obey a Russian order requesting to arrest me through Interpol.
Notably, the arrest on the basis of Interpol is prohibited in the United States as provided by the Department of Justice's (DOJ) interpretation of the Fourth Amendment of the U.S. Constitution. See two links to the DOJ manual and NCB of Interpol in Washington - a subdivision of the DOJ:
The officer’s narrative revealed the following sequence of the events preceded the arrest that the officers signed as a truthful:
On November 15, 2015 DURALEV entered the United States as a B2 non-immigrant through the 0'Hare International Airport in Chicago, Illinois. DURALEV was admitted for a period of admission not to exceed May 14, 2016.
On January 25, 2016 DURALEV filed an Application for Asylum and Withholding of Removal, Form I-589 with Citizenship and Immigration Services.
On September 11, 2018 ERO was notified that DURALEV would be reporting into the Anaheim Asylum office for a scheduled appointment.
DURALEV has an I-589, pending with Asylum, but it has yet to be adjudicated. The Board of Immigration Appeals and the Ninth Circuit Court are negative for appeals at this time.
On November 16,2016 Red Notice A-10444/11-2016 was published on behalf of the Government of Russia requesting the arrest of DURALEV for the offense of extremely large fraud.
On September 11, 2018, Interpol Operations Command Center confirmed the Red Notice was still active.
On September 11, 2018 the Office of Chief Council was notified of the case and concurred with the decision to take DURALEV into custody.
So, as the official explanations made by the immigration officers revealed, before the proximate arrest, they had none of any concerns whether I remained with or without permission in the United States because they clearly knew that I was an asylum seeker, and my asylum application was still pending and therefore, the immigration officers realized or must have realized that since my asylum application was pending, the permission to remain in the United States was also still valid. However, the narrative also revealed that the real reason of approaching me and conducting arrest was the Interpol Red Notice. No other concerns the immigration officers’ narrative reflected.
Nevertheless, the further events described in the narrative exposed that during the conducted arrest immigration officers changed their reason for arrest as following:
"After DURALEV entered the building and was checked in with security, he was escorted alone to an interview room where ERO officers Ray and Lara positively identified DURALEV and questioned him concerning his immigration status in the United States. DURALEV stated that he was a citizen of Russia and he had applied for asylum. After establishing alienage officers Ray and LARA explained that he was being taken into custody and would be transported to the Los Angeles Federal Building for processing. Following this, DURALEV was placed into handcuffs and escorted from the building."
As it appeared, following the DHS officers’ own narrative, they arrested me only based on established alienage. The only problem is that it may only be made in violation of their authority given them by the U.S. Congress with the Federal statute 8 U.S.C. § 1357 or by the Attorney General through Code of Federal Regulations 8 C.F.R. § 287.8(c)(2)(i).
No adequit person would find any legal grounds supportting that the immigration officers may arrest people in the United States (not along the border) based on the only established alienage because, if they had those authority then, all foreign people including tourists having come to the United States must be arrested based on their alienage that would be an absurd of the most basic sort and turn the United States into North Korea.
Markedly, the “alienage” was the second unlawful reason, between which the DHS officers jumped to rationalize the conducted false arrest of me even though, the only authority they have is to make an arrest only after establishing “have reason to believe” that the alien committed an offense against the United States, or an alien was illegally in the United States as 8 C.F.R. § 287.8(c)(2)(i) provided.
So, as the officer's narrative exposed, the immigration officers decided initially to approach and arrest me on the basis of the Interpol Red Notice that was outside of their authority. Then, after they approached me, they arrested me on the basis of the established alienage, that was also outside of their authority to conduct an arrest. Then, after I was transported to the Federal building they charged me officially with the remaining in the United States without permission even though they permitted me by themselves to remain in the United States and its permission was still valid because my asylum application has never been decided by the USCIS.
Moreover, the official charge came from nowhere, because the officers’ narrative indicated that they had none of any concerns about the substance of the official charge neither before the proximate arrest, nor had the officers answered any questions about the substance of the official charge during the proximate arrest. Thus, the official administrative violation pointed out in the charging document accusing me of remaining in the United States without permission from the DHS was just made up on the fly but not based on any investigation preceding or accompanying the arrest.
All of this was posted in the official narrative which I did not receive initially and therefore, did not know at the beginning of all events. The only document containing a justification of my arrest, which I received at the begining, was the Notice to Appear containing a false official charge.
The first time when the U.S. Government mentioned about the Interpol Red Notice was an initial bond hearing, when the Interpol Red Notice appeared as government evidence to justify the denial of my release on bond based on perceived probability (in other words prophesy) that with the Interpol Red Notice, my asylum case will be more likely denied by the Immigration Judge, and because there is a probability that I would not like to be deported to my home country, I will more likely disappear by living illegally in the United States. So, in other words, the government contended based on likelihood that I possessed a flight risk caused by the Interpol Red Notice.
The second time the Interpol Red Notice appeared during the removal/deportation proceedings in order to prove that my asylum case should not be considered on the merits because I was not even eligible to claim for asylum in the United States since pursuant to the United States Federal statute 8 U.S.C. § 1158(b)(2)(A)(iii), if the Immigration Judge, looking at the evidence, determines that there is a reason to believe that the person who asked for political asylum committed a crime before he came to the United States then, this person becomes statutorily non-eligible for asking asylum in the United States. So, the DHS used Interpol Red Notice to exclude me from eligibility for asylum without considering case on its merits at all and the employee of the DOJ - the Immigration Judge admitted the DHS point.
Third time, the Interpol Red Notice was used again to deny my second attempt to be released on bond after I had been illegally confined for six months. The denial to be released was made on the same prophesy as the initial bond.
As a conclusion, the illegal tactic of the DHS' immigration officers is to use the Interpol Red Notice as a premise for approaching and arresting subjects for Interpol Red Notices in the United States without claiming this reason during the proximate arrest. The immigration officers know that they have no existing authority to conduct an arrest under Interpol Red Notice therefore, you will never face the official accusation in the Notice to Appear about the Interpol Red Notice.
Making the wrong seem right, the immigration officers harnessed a deceptive practice of charging aliens with a false administrative violation. Then, they detain people based on false violation and use the Interpol Red Notice to deny people in releasing on bond based on prophesy. Then, they use the Interpol Red Notice to make the alien non-eligible for asylum claim without adjudicating those claims on the merits.
By this DHS’s deceptive tactic, people who were subjected to the highest level of persecution with Interpol abuse committed by the corrupted officials of their home countries, people who openly asked the United States for protection, and have the last hope to be heard in the United States with their cases on the merits, in reality, become deprived of such opportunity because the DHS arrests, detains, and makes them non-eligible. As a result of this practice, people are just packed by the immigration officers to be delivered (deported) back to the arms of the corrupted authorities for the protection from whom people openly asked the United States.
Worthnoted, I experianced that DHS's unlawful approach during the extremely adversarial political agenda radiated from the White House that was under Mr. Trump administration. At that time my eyes were getting bigger and bigger observing that step by step the United States was getting turned into the lawless country where the law and Constitution worthed nothing if the political message discended from the top level even if it lawless.
At that time, the DHS officers, to my own opinion, either were placed in the position of inevitable disrespect and negligence to the U.S. law or, blindly, by their own decisions, to the shame of their officer's dignity, violated the U.S. law understanding that they would only be praised and covered up by their superiors. Some of the officers openly enjoyed that that time they do not need to ensure the law too much, by that, actually, disrespecting their own ancestors who came several decades ago and being in the position of the immigrants in this country. I guess the ancestors of such officers turned over many times in their graves looking at their grand or grand grand sons and daughters how they exercise their power toward immigrants whom their ancestors were themselves decades ago.
I must also write that nowadays the agenda of Biden-Harris administration is much more respectfull to the U.S. laws. Immigrants who had the same problems do not face such an adversarial prejudged approach either from the DHS officers or form the Immigration Judges in general.
However, my personal case seems like under spells of curse, since it is disregarded by all of the Federal Departments that I asked, petitioned, prayed through my Motions, Petitions, Complaints for reinstatement of the supremacy of the United States law, Constitutional rights, and Human rights over my case. For some misterious reason the Federal Departments even under existing White House administration are afraid to admit that their previous administrations violated all existing laws pertaining to my case without exaggeration and continue to cover up that was done wrong with enviable zeal.
The legal research titled "THE ICE AUTHORITY TO CONDUCT ARREST OF ASYLUM SEEKER BASED ON INTERPOL RED NOTICE." and all official evidence that mentioned here you can download for free by clicking the "Researches" in the main manu.
More to come...
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