I had come to the U.S. many times as a tourist alone or with my family since 2006 before I entered the US the last time.
So, the last time, I was lawfully admitted to the U.S. in November of 2015 as a tourist and like the majority of people coming to the U.S. as tourists, I was allowed to remain in the United States lawfully for the period not exceeding six months under the status that is called – “non-immigrant.”
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After two months of remaining in the United States lawfully, I maintained my non-immigrant status by applying for asylum in the United States. So, I filed a form I-589 with the USCIS in January of 2016. false arrest asylum seeker
In two days, I received a confirmation from the U.S. Department of Homeland Security that they recognized me as a bona fide asylum seeker and permitted me, in writing form, literally – to remain in the United States until my #asylum application would be decided by the #USCIS.
However, on September 12, 2018, right in the USCIS office, to which I was invited to be interviewed upon my asylum application, I was arrested by the ICE officers before my asylum interview even started. The official document contained the only administrative charge and allegation accusing me of remaining in the United States longer than was permitted.
At that time, I did not know the law, but the common sense contemplated in my mind:
“Gregory – everything should be good. The Department of Homeland Security permitted you to remain in the United States until your asylum application is decided because they recognized you officially as an asylum seeker. Your application has not been decided yet. Therefore, your permission to remain in the United States is still valid. They cannot arrest you under this false accusation for violation that you have never committed. It is the United States, not Russia where it would not be a problem at all to arrest people under false accusation or charge.”
So I was pondering, while officers of the U.S. Department of Homeland Security facilitated the administrative arrest of me by handcuffing my hands, legs, and connecting them by chain with the chain wrapped around my waist.
At some point I noticed that, for some reason, being administratively arrested and having radiated no disobedience to the officers I was wrapped in the chains like if I were a serial killer. And that fact did not coincide with my imagination about the United States as a country of freedom so advertised across the whole world. However, I thought, that is ok – every person can make a mistake as well as any of the governmental systems cannot be free from a mistake too. The only thought bothering me a little bit was that in Hollywood movies people who were wrapped in chains as much as I was, usually ended up being grilled on electric chairs thus, I hoped the same fate would not catch me up by mistake.
Little did I know that it was only the beginning of the uninterrupted chain of surprises and astonishments. (if I would not use much harsher terms that come up in my mind) Moreover, the more I learned English and simultaneously the U.S. law the more amazed I became about the flagrant violation of the law the DHS officers committed.
At that time, I did not know that the 525 days of #unlawful #detention, nights of reading and learning law on the metal bunk in immigration facility were waiting for me… However, what I was confident in hundred percent based on my life experience was that I had just entered into a cycle of some events that would change my life completely. Should it happen for the best or worst – it depends on myself… and I was ready... as I thought at least...
Markedly, the #SupremeCourt of the United States held as long ago as in 1978: "to punish a person because he has done what the law plainly allows him to do is a #dueprocess violation of the most basic sort." See Bordenkircher v. Hayes, 434 U.S. 357, 363, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978)
Within the next post I will explain the whole legal grounds the officers of the Department of #HomelandSecurity violated by #arresting me for violation I have never committed in the United States and based on which the #DHS has been trying to deport me back in the arms of the totalitarion regime for more than seven years.
More to come
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