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< Back to current issue of Immigration Daily

Bloggings On Deportation And Removal

by Matthew Kolken

Teen DREAMer and Mother Face Imminent Deportation

The following information about Brenda and her DREAMer daughter Luisa (age 19) was posted on Change.org.  A petition has been started demanding the Obama administration stop Brenda and Luisa's imminent deportation, which is  scheduled for September 12, 2011.  I urge you to sign the petition, and forward it to everyone you know.  Also post the link on your Facebook page, Tweet the link, and call your Senator Feinstein and ask that she sponsor a private bill on Brenda and Luisa's behalf.

• Brenda and her daughter Luisa (age 19) have lived in the United States since Luisa was four months old. Brenda married Jose, who is a lawful permanent resident and the only father Luisa has known. Brenda and Jose also have two U.S. citizen daughters, Ana (age 6) and Daniela (age 5). The family is about to be torn apart by Brenda and Luisa’s imminent deportation.

• Brenda’s deportation could be life-threatening to her daughter Daniela, who suffers from a rare blood disorder called neutropenia which requires constant attention and frequent medical screening. Brenda also cares for Ana and helps Jose run his small business, Solares House Movers.

• Brenda and Jose have contributed immensely to the community and the country. They pay taxes year after year, and have never relied on public benefits for their family’s support. They have always educated their daughters in private school and have paid out of their pockets for their family’s health care needs. The family is particularly active in their church community and is respected as model for others.

• Luisa has blossomed into a lovely young woman with aspirations to graduate from college and help her father with the family business. She has just finished her first year of community college, where she is pursuing a double major in Marine Biology and Business Administration. She hopes to transfer to a four-year university.

• Twenty years ago, Brenda fled Guatemala with then four-month-old Luisa. They came forward to affirmatively apply for asylum, but in 2007 their application was finally denied on the ground that they had not shown sufficient persecution in Guatemala.

• Annually from 2008 to 2010, the Department of Homeland Security (DHS) granted Brenda and Luisa special permission to stay in the United States (known as Stays of Removal) based on the medical hardship that Daniela would face without them. .

• In January of 2011, Brenda and Luisa re-applied for permission to stay in the country. However, Brenda and Luisa have now been given only six months to stay, and were informed that they would be deported to Guatemala on September 12, 2011.

Senator Feinstein's contact information is:

Senator Feinstein’s San Francisco Office
One Post Street, Suite 2450
San Francisco, CA 94104
Phone: (415) 393-0707      
Fax: (415) 393-0710

Senator Feinstein’s Washington, D.C. Office
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-3841      
Fax: (202) 228-3954
TTY/TDD: (202) 224-2501

Call in Script:

“I am calling on behalf of Luisa Argueta (A074-800-131) and Brenda Gutierrez-Samayoa (A074-800-130), mother and daughter who are facing deportation to Guatemala in September of this year. Luisa and her mother, Brenda moved to the Bay Area when Luisa  was only 4 months old. They have been active in their community, maintain a family-owned business, consistently attend church, and also take the time to volunteer.  Luisa just completed her first year at Diablo Valley College and is hoping to transfer to a four-year university to study Oceanography and Business.   Brenda dedicates herself to both working at the family business and taking care of her family, especially her six year old daughter Daniela, who suffers from a serious blood disorder.  The reason I am calling is to ask that you do something to stop Luisa and Brenda from being deported.”


About The Author

Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.


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