Tuesday, December 05, 2006

Senator's Wife Faces Deportation

Immigration law rears its head again in this article detailing the possible deportation of Sascha Herrera, a Georgia state senator's wife.

She had been in hiding since Immigration and Customs Enforcement officers arrived at her home Nov. 28 with an order to remove her from the U.S. She was not home at the time.

Her attorney, Charles Kuck, claims she was duped by a man handling her immigration requests and that she never received the immigration notices that triggered her deportation order.

Kuck filed a petition Monday to stay her deportation order and reopen her case, arguing that a man filed an asylum petition on her behalf without her knowledge and before her husband sponsored her green card application based on their April marriage.

The deportation order stems from Herrera's repeated failure to appear before a judge on the asylum application, which Kuck said she did not know had been filed.

The case hinges on whether Herrera received a notice to appear in court, and whether the asylum application could have been filed without her knowledge, said Victor Cerda, former general counsel for Immigration and Customs Enforcement.

Evidently, Herrera had used a notario, a person claiming to be qualified to handle immigration law matters, to try to obtain an extension on her visa. Herrera got a student visa when she started attending Kennesaw State University. She met and married Curt Thompson, a Democrat state senator.

The deportation stems from Herrera's failure to appear before a judge on the assylum application.
The case hinges on whether Herrera received a notice to appear in court, and whether the asylum application could have been filed without her knowledge, said Victor Cerda, former general counsel for Immigration and Customs Enforcement.

What hurts her case more than anything is that she went into hiding rather than face the hearing.