Tuesday, May 7, 2013

Target: Senator Hatch, Congressman Matheson

Seek Administrative Closure of a Qualifying Immigration Case in Utah

Please Sign Victoria's Petition

The reason Victoria Sethunya is now before immigration court is the alleged failure to maintain student status. Her attorney is currently filing for U status for individuals battered or assaulted while in the US, as well as for other protective status she qualifies for as a result of life threatening conditions she fled in her native country.

Specifics of this dispute are presented later in this petition.
Utah ICE can administratively close this case to ease the financial pressure on her and her family. She has spent approximately $30,000 on matters related to this case to defend herself and her family in the US, derived from selling prized gifts and from personal savings. She may need to spend additional thousands of dollars to resolve this case. This case increased the severity of her PTSD and caused her to live far beneath the minimum US poverty levels, including going days without food and significantly reducing other living expenses. We request that Utah ICE assume jurisdiction and administratively close this case, given that her case is not an immigration priority and her case qualifies. This would also alleviate the administrative backlog of the court, allowing them to focus on immigration cases that can only be handled by court hearings.

According to the letter dated November 2, 2006, from Weber State University counsel Richard Hill, alleged Weber State computer errors effected her loss of immigration status. Victoria defended herself in court due to the university's errors and is currently in removal/deportation proceedings as a result of these errors. Victoria Sethunya received a "Notice to Appear" on December 22, 2009, a day before her US employment authorization expired. Her Notice to Appear record reports as follows:"No Criminal Record".
On June 17, 2011, the US ICE issued a set of guidelines for the exercise• of prosecutorial discretion to ensure that the agency's immigration enforcement resources are focused appropriately. A copy of these guidelines can be found here:


Victoria's case is not a priority for deportation and can be settled or dismissed, based on the guidelines developed by John Morton in the ICE Memo of June 17, 2011. In addition to Victoria's case not being a priority for deportation, Weber State University recently promised to release her diploma in the university confidential email dated March 11, 2013. The discussions about this email are still continuing and she is looking forward to receiving her diploma she has been waiting for since 2004.

We the undersigned believe that Victoria is a good resident and deserves full protection of the law.

For further information on this case, you can read the following articles by the media and can learn here about some of Victoria's previous attempts to get the university to correct her student files that put her status in jeopardy:

1. Utah Federal District Court
2. Colorado Tenth Circuit Court of Appeals
3. US Supreme Court
4. http://www.cityweekly.net/utah/article-77-10955-deportation-glitch.html

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