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by Thomas MacMillan | Dec 3, 2010 5:30 pm

(17) Comments | Commenting has been closed | E-mail the Author

Posted to: Immigrants

Thomas MacMillan Photo (UPDATED) Three days before a government-ordered flight back to his native Ecuador, Washington Colala was granted a week’s reprieve by a federal court judge—giving his legal team extra time to argue that he should be allowed to stay in the country to testify about government misconduct.

Colala (at right in photo) had been ordered to board a 7 p.m. flight to Ecuador on Monday. He would have been taking some powerful testimony with him. His lawyers say that’s why the government seeks to have him deported.

Colala is one of 32 Latino immigrants who were swept up in immigration raids in Fair Haven in 2007. Now, three years later, he’s part of a federal civil rights lawsuit, which argues that U.S. Immigration and Customs Enforcement (ICE) agents violated his constitutional rights when they came into his apartment on the morning of the raids.

In the midst of that case, ICE has moved aggressively to deport him. Just before Thanksgiving, he was given a deadline to leave the country: Monday, Dec. 6.

Colala has bought a ticket and was ready to fly from JFK to his native Ecuador on Monday night. Meanwhile, law students at Yale were scrambling to find a last-minute exception to keep him in the country.

On Friday afternoon, their efforts paid off. Judge Stefan Underhill, the federal court judge overseeing the civil rights suit, entered an order staying Colala’s deportation for a week. He did so to give Colala’s legal team time to argue that he should be allowed to remain in the country and testify in the case, said Mark Pedulla (at left in photo), a student working on the case.

Pedulla and his colleagues now have to submit a brief to that effect by Monday at noon. The government will respond by Wednesday at noon, and oral arguments will be heard in federal court in Bridgeport on Thursday, Pedulla said.

“Washington is absolutely delighted,” Pedulla said. Colala feels he’ll now have a chance to present his case, which is important not only personally but also as an example to others in similar situations, Pedulla said.

Pedulla and Colala’s other lawyers have interpreted Colala’s deportation order as a tactical move by immigration officials. “ICE officials seek to avoid liability for very serious civil rights violations,” said Pedulla.

Ross Feinstein, a spokesman for ICE, said only, “ICE does not comment on pending litigation.”

On Thursday afternoon, Colala spoke with reporters in a conference room at Yale’s law school. He was joined by Pedulla and Rebecca Scholtz, students who are working on his case.

After the 2007 raids, Yale students worked with about half of the arrested immigrants to appeal their deportation orders, but not Colala. They argued that the ICE raids had been conducted illegally and were able to overturn the deportation orders for several of their clients, including Colala’s housemate.

They did that with the help of testimony from Colala.

Colala, who’s 44, said ICE agents came into his apartment illegally in June of 2007 and arrested him without identifying themselves. His lawyers said his testimony about that incident was instrumental in a successful overturning of a deportation order against Colala’s roommate’s, by showing that the agents violated the 4th, 5th, and 10th Amendments.

“Immigration officers entered my house without consent ... based on lies ... and they arrested me,” Colala said about the raid on his apartment in 2007.

The agents had their guns out, he said. “They made me open the door. ... I didn’t resist at any moment.”

It wasn’t until a half-hour later, after he had been in handcuffs for some time, that ICE agents identified themselves, he said.

“It was quite humiliating,” Colala said.

After the raids, Colala (at right in above photo) did not join the group of arrested immigrants working with Yale law school. He appealed his deportation with a different attorney, used a different argument, and failed to overturn his deportation order. That means he can now be forced to leave the country, even as he’s part of another case stemming from the raids, the civil rights lawsuit that began in October 2009.

Colala would likely share that same potentially incriminating testimony he did before when the pending civil rights case comes to trial, but from his home in province of Pastaza, he would have been unable to participate in the civil rights trial. Despite several appeals and intervention attempts by his lawyers, Colala was being forced to leave the country on Monday.

Pedulla and Scholtz are pursuing a variety of legal avenues to prevent Colala’s Monday deportation. The vice-president and president of national immigrant advocacy groups National Council of La Raza and LatinoJustice PRLDEF respectively have written letters to ICE head John Morton, asking him to prevent the deportation of Colala.

On Thursday, Colala said he was marking the time before his flight on Monday. “It’s a little bit like a time bomb,” he said in Spanish translated by Pedulla. “Each moment is a little more desperate.”

About his imminent deportation, Colala said he feels that he should be given a chance to defend his rights in federal court.

“Washington has exhausted his last appeals,” Scholtz said. “He’s just asking to stay here to end his civil rights claim.”

“Immigration [laws] in this country doesn’t understand humanity,” Colala said. Officials should look more closely at the individual situations of immigrants, he said. “It’s almost like they didn’t have family themselves.”

The ICE director has the authority to defer removal, said Muneer Ahmad, a supervising law professor. “We’ve been appealing to ICE to exercise that authority.”

Scholtz (pictured) called it “puzzling” that ICE is trying to deport Colala so “expeditiously.” “It certainly gives the impression that ICE is trying to avoid liability for its conduct in the raids.”

The fact that Colala’s testimony resulted in the overturning of his housemate’s deportation order shows that his claims are credible, Pedulla said.

Colala’s attorneys said that he has been cooperative with ICE at every step since his arrest in 2007. He’s been out on bond for three years and he even bought his own plane ticket to Ecuador when ICE ordered him to do so in November, they said.

It’s been 15 years since Colala left Ecuador, where he has a wife and three children, one of whom was born in the United States. He also has a 10-year-old daughter in New Haven, who will stay here with her mother when Colala leaves.

Colala said his family depends “100 percent” on him. He’s headed for a difficult economic situation in Ecuador, he said.

In Ecaudor, he was a primary school teacher, Colala said. “I came to this country to try to give a better opportunity to my children, like all fathers want to do.”

Here he has been working construction and sending money back to his family, Colala said. He said he plans to keep working through the weekend.

Comments

posted by: Bill on December 3, 2010 9:00am

When you enter this country illegally you give up your civil rights. ...

posted by: Ali on December 3, 2010 9:52am

Even Mr. Colala’s lawyer admits that even if the case goes against the government, Mr. Colala is STILL deportable. Of course, illegal aliens do NOT have “civil” rights in this country because such rights, by definition, belong only to citizens. Mr. Colala has no right to remain in this country.

posted by: Ali on December 3, 2010 9:57am

In Ecaudor, he was a primary school teacher, Colala said. “I came to this country to try to give a better opportunity to my children, like all fathers want to do.”

——————
Mr. Colala, maybe you shouldn’t have had kids you couldn’t afford to support. And how is it giving them a “better life” to teach them to get that better life by breaking the law?

By the way, according to an article in today’s NY Times, your home country is eagerly trying to attract its citizens to come back home. They’re offering air fare, forgiveness of import duties, and loans to set up new businesses. Maybe you should take advantage of their offer?

posted by: streever on December 3, 2010 10:32am

Ali,
how do you presume to judge that Mr Colala is unable to take care of his children?

Because you had the good fortune to be born in the United States, you would tell someone else, born into poverty, that he has no right to have a family—no right to have children—no right to have the same things which are freely available to you, simply because he had the misfortune to be born into an impoverished region?

Mr. Colala works and isn’t involved in criminal behavior beside his moving here.

Fortunately, our ancestors did not face the same challenges he faced in moving here, or we may be in his shoes.

posted by: William Kurtz on December 3, 2010 11:02am

Not to rain on the parade, but as a point of fact, constitutional rights to due process belong to every person on U.S. soil, regardless of citizenship.

posted by: Cedarhillresident on December 3, 2010 1:42pm

Gleep gleep…take me to your leader Ali, you are a legal alien I presume. Or are you a native American? My Irish family came through the boarders of Cand. in the 1800’s illegally… My Italian family was brought to New Haven because of their stone carving skills to build New Haven, but half of there family used their papers to come here illegally….everyone has family that stepped in a side door. I wish people that complain about this realize this is not our country we stole it

posted by: malvi on December 4, 2010 9:57am

I am an immigrant. My parents brought me to this country for me to be free and have a better life. However, they did so legally. But when someone, anyone, breaks the law, (illegal immigrants are lawbreakers) and then uses the law to hide behind he or she thumbs their nose at the people.

posted by: Rob on December 4, 2010 11:06am

My Italian ancestors entered the country and learned the language. They worked at becoming Americans when someone that has been here 15 years needs an interpretor to translate there’s something wrong.

I spent 20 years in the military defending our country and believe that if you want to be here do it the right way. Enough of the politically correct let’s not hurt anyone’s feelings stuff.

If I entered his country illegally I don’t believe there would be any civil suit to question the legality of sending my butt home.

posted by: lizvitale on December 4, 2010 9:27pm

When do we hold Mr. Colala responsible for the choices he made?
He chose to leave his wife and children in Ecuador. He chose to enter the U.S. illegally as opposed to going through the proper channels. He chose to father another child here in the U.S., which it looks like will now be abandoned.
If you choose to take the quick route to the U.S., you run the risk of this happening. Frankly, I find his actions very selfish and not in the best interest of EITHER of his families.

posted by: NewHavenerToo on December 5, 2010 9:58am

Ali:

We have PLENTY of US citizens who have children who have children that they can’t support. Ever heard of Section 8, Food Stamps and Temporary Assistance for Needy Families (TANF)?

the majority of immigrants, legals and non-legals who came here was for a better life. There is no argument about that.

The bottom line is., unless you are coming though asylum, a “chosen” country by ICE or have a degree AND a job or school waiting for you here, the process to apply for a visa is extremely difficult, expensive and the chances are slim that you would even receive a Visa to get in this country.

The laws on immigration have to be revised to ensure fairness on all levels.

Boy, THAT would NEVER happen.

posted by: robn on December 5, 2010 10:39am

BILL and others,

When you enter this country, you acquire civil rights, not the opposite. Constitutional protection is distinct from citizenship.

posted by: robn on December 5, 2010 10:57am

Why don’t they just accuse him of treason like Julian Assange? We all know that truth is despised by the Stasi…sorry, meant to write State.

posted by: DKR on December 5, 2010 4:41pm

with the state of our economy in the present time,.or anytime for that matter, why should i continue to see my tax dollars go to someone who is classified as an “illegal allien/immigrant.” for services that SHOULD be given to a legal member of this society who is constantly being told by our own government that they do not qualify for assistance/services. talk about a slap in the face..!!! DEPORT him and all the others who FAIL to comply with our laws by obtaining legal status,and continue to drain OUR resources..!!!

posted by: streever on December 7, 2010 8:36am

DKR:
What services is he draining?
He is a witness in a court case.
Let him testify.

In actuality, most undocumented people contribute more in taxes than they will ever take: They use fake social security numbers to work. They have taxes taken out of every paycheque. If you or I had the same job, we’d get a refund at the end of the year, however, they don’t claim their refund because they are using fake social security numbers.

They typically aren’t eligible for any social programs: they are undocumented.

However, regardless of any individuals legal status, Robn & Kurtz are correct. The constitutional right to due process does apply to EVERY living person in our country.

I am definitely alarmed that some of my neighbors and fellow new haven residents—especially a police officer—think that ANYONE doesn’t deserve their constitutional rights.

posted by: DKR on December 7, 2010 2:12pm

streever..

regardless if i’m a cop or not,..bottom line is when the first wave of immigration hit this nation back in the 1900’s 99% of the people came here with a purpose,...to become legal to have that chance at a better life and to learn the english language so they would be able to work and be productive members of our nation…in reality i guess what your saying is,..it’s ok for someone to be above the law and obtain a forged/fake government document,..and we should embrace that because there is a chance they are paying taxes but not filing for a return…perhaps then you can tell me where to get one of these documents, since it’s not breaking the law???
i don’t care who comes to this country and from where,..as long as they become legal, and play by the same laws/rules that you and i have to obey/adhere to,..!!!!!

posted by: Alphonse Credenza on December 7, 2010 3:47pm

Garbagelanguage. I am a Native American. I was born here!

Damn the ancestors—we are all Americans first. Unless you have a problem with that concept. In which case, maybe you shouldn’t be here.

posted by: Americana on December 29, 2010 2:49pm

by showing that the agents violated the 4th, 5th, and 10th Amendments.

The Constitution should never apply to illegal aliens. And what civil rights do illegals have? Don’t police and federal agents wear shirts or jackets that define who they are? Ya know, the big ICE or FBI lettering on the back? Its foolish to say this guy didn’t know who they were. Illegals will do anything to avoid punishment for their crimes. ... Our courts should not be wasting time and resources for non-citizens trying to skirt the law.

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