a1944: Letter to INS Commissioner James Ziglar (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: defending_dorelien@inbox.as

May 1, 2002

Commissioner Ziglar:

I bring my immigration case #75-342-408 to your attention with the hope that
you will recognize the great injustice that has been done to me and to my
beloved family.  Upon considering the evidences in this case, the legitimacy of
my frustration will be easily understood. Therefore, under the guidelines of
the law, it will become obvious that there is a mistake needed to be corrected.

I am Carl Dorelien, Colonel of the former Haitian Armed Forces. I was last
admitted in the United States as a visitor on January 20, 1995. On March 21,
1997, I filed an application for asylum and withholding of deportation with the
Immigration and Naturalization Services. On August 13, 1999, I also filed an
application to request permanent residence and adjustment of status with the
service. After numerous hearings, on June 19, 2001 the immigration judge’s oral
decision rejected my application and ordered my removal from the United States.

Mr. Commissioner, allow me to point out that I was arrested from my home on
June21, 2001, in spite of the fact that my lawyer had appealed my case before
the immigration judge's oral decision was finalized.  To this day, I remain
jailed in the Monroe County Detention Center, where I am enduring an
excruciating confinement.

Under the guidelines of the International judicial system, in order for me to
be found guilty of human rights abuses, there must be proof that I ordered the
killing of civilians, or knew and had reason to know about crimes committed by
my subordinates. In addition, it must be shown that I failed to prevent the
occurrence of the tragedy or to punish those of participated in it.
Consequently, there is a pressing need for me to point out the following:

a) I was not the Commander-in-Chief of the constitutional Haitian military
institution.

b) I have never, at any time in my military career, ordered or assisted in the
killing of civilians.

c) With the exception of the Haïtian government's unjust and politically
motivated, bogus in absentia judgment, not one Haitian or international human
rights organization has - after credible, judicious investigation - charged me
of committing atrocities against civilians.

d) Considering the job description of my position (Assistant Chief of Staff G-
1) at the time of the dubious incident, and as the Haitian Army Chain of
Command and Structures clearly indicates, I had no direct contact with soldiers
and officers of any military and police unit. In fact, no or officers of a
given military and police unit were subjected to my direct order. Therefore,
within the context of the incident in question, no soldiers or officers of any
military unit were actually even my subordinates, since I was not their
commander.

Upon analyzing the facts and circumstances surrounding the Haitian crisis
perpetuating since 1986 and evaluating their ramifications within this society,
it becomes obvious that this in absentia judgment was not an impartial, just
and reliable ruling.  Instead, this judicial decision was based on biased
opinions and total lack of proof and resulted in nothing less than persecution.

Finally, to corroborate the above and to substantiate the mistake made in
regard to my case, I respectfully refer you to the immigration case of Major-
General Jean Claude Duperval, who was second in command in the former Haïtian
Armed Forces and also accused by the Haïtian Government in the aforementioned
in absentia judgment.  According to the Miami Herald of April 15 of this year,
the INS acknowledged that Duperval filed for political asylum and was granted
relief.  It is difficult to understand why the immigration law that protected
my fellow Haïtian staff military officer, who I must emphasize has also been
the subject of the same hatred and the same political, vindictive allegations,
has failed to prevail in my case.  The same litigations, yet two different
rulings!

Sir, my eager, earnest desire to maintain the great confidence that I always
had in the American judicial system compels me to expect and to believe that
the law will prevail in my favor. I have presented evidence that clearly prove
my eligibility for adjustment of immigration status and for all requested
benefits.  Nonetheless, despite those clear and concrete proofs, my plea for
relief has been rejected - not on the basis of evidence, but solely on the
basis of opinion. This is clearly frightening.

The world perceives the United States as the great Land of Justice and
Freedom.  Yet, when justice fails to prevail and to bring relief to the
innocent who have always believed in this great land of law, just as it
occurred in my particular case, those affected and suffering by such tragedies
have ground to be concerned. However, my education and my proclivity for
righteousness still lead me to believe in the United States' judicial system.
For this reason, I trust that, in my case, the immigration judge's oral
decision was simply a mistake, rather than an act of deliberate injustice.

Sir, please receive the enclosed copy of my letter to the U.S. Attorney General
in regard to my alarming situation. Be assured that I am still bound to the
commitment and the vow expressed in the last paragraph of that letter. All I am
seeking is my safe return to my family at Port St. Lucie, FL, where I have
lived since 1996.  I know that sometimes justice comes late, but eventually it
does come.  This is the strength of America, and I am proud to be in this land
of freedom, liberty and justice.

Respectfully,


Colonel Carl Dorélien,
Former Haitian Armed Forces