Eritrean Law Society

The High Cost of Immigrating

June 21, 2010 

The Obama administration has announced plans to increase fees for immigration documents by about 10 percent. The director of Citizenship and Immigration Services, Alejandro Mayorkas, says he needs to close a $200 million budget gap for the coming fiscal year. Because his agency is required by Congress to be almost entirely self-financed, the burden of raising the cash will be placed where it always is: on immigrant applicants.
Under the proposal, they would have to pay $985 to apply for a green card, up from $930. The application for employment authorization would rise to $380 from $340. A separate fee for collecting fingerprints and other biometric data would increase to $85 from $80.
At least the fee for the final step — becoming a citizen — won’t go up. It remains $595. And other fees have actually gone down slightly. That flexibility is to the agency’s credit, given its notorious reputation for presenting applicants a solid wall of bureaucratic hostility.
Mr. Mayorkas’s agency should do more to make it easier for poor immigrants to have their fees waived. The agency allows waivers but lacks a clear system through which applicants can seek them. It is working on creating a standardized waiver application form, so it doesn’t have to rely on the ad-hoc decisions of adjudicators who assess applicants’ ability to pay.
Mr. Mayorkas says more people could qualify if the agency tried harder to help them — citing its success in helping Haitians apply for temporary protected status after January’s devastating earthquake. We agree.
The country has spent billions on border and workplace enforcement designed to keep illegal immigrants out. Yet it continues to refuse to finance a better system for welcoming in legal immigrants.
Immigration has done so much to make the country thrive and prosper, yet the American people are unwilling to pay for it. Congress should be carrying more of the weight of financing the system.

 

Source The New York Times

Editorial June 21, 2010

ERITREAN LAW SOCIETY AND ‘THE ALLIANCE’ AGREE TO PROVIDE LOW COST IMMIGRATION LAW SERVICES IN HOUSTON, TEXAS

June 10, 2010 

Our board member, Mohammed Omer, held a meeting on behalf of the Eritrean Law Society with the director of Alliance for Multicultural Community Services (the Alliance), Mr. Kassahun Bisrat. The Alliance is a Houston, TX based non-profit organization dedicated to providing comprehensive services to immigrants, refugees and low income residents in order to improve their quality of life and become self sufficient.


Mohammed agreed with the Alliance to work together to provide low cost immigration law services to immigrants residing in Houston and its environs. The step that Mohammed took with the Alliance is in conformity with one of the ELS objectives of providing disadvantaged Eritrean citizens free or low cost legal services. Some of the services provided include: representing aliens seeking relief in removal proceedings, cancellation of removal, political Asylum/restriction on removal, and adjustment of status.


Eritrean Law Society would like to urge all Eritrean immigrants including refugees and asylum seekers residing in Houston area to take advantage of this opportunity that the Alliance and our member, Mohammed, have created for them. ELS also pledges to provide assistance to this project as needed.


For more information regarding the services, please contact Mohammed at (713-382-1473)

Dr. Bereket Habte Selassie Speaks on “Constitutionalism in Africa” at USIP

 June 9, 2010

 

On June 8, 2010, Dr. Bereket Habte Selassie addressed the issue of Constitutionalism in Africa in an event organized by U.S. Institute of Peace (USIP) to celebrate the publication of “Framing the State in Times of Transition: Case Studies in Constitution Making, edited by Laurel Miller”.  The book contains the constitution making
experience of 19 countries of the world, of which four are from Africa, including Eritrea. Dr. Bereket wrote the chapter on Eritrea. Dr. Bereket also chaired a Working Group of 25 professors of law and political Science as well as practitioners appointed by the US Institute of Peace to guide the process starting from framing the issues to be explored and selection of the countries. The work lasted for almost 5 years from 2001 to 2005.

Dr. Bereket was one of the four speakers of the day. The remaining speakers were Laurel Miller, Senior Political Scientist, The Rand Corporation; Dr. Muna Ndulo, Professor of Law at Cornell University; and H. Kwasi Prempeh, Professor of Law, Seton Hall University.

In his presentation, Dr. Bereket addressed some of the common problems that drafters of constitutions of countries that just emerge out of conflict normally face. In sharing his personal experience of constitution making process, Dr. Bereket described the Eritrean situation as “peculiar” and the constitution making process “exemplary”. Unfortunately, he said, the supporters of the constitution making process actually went back on their words and decided to shelf the constitution for nearly 15 years. Although “war with Ethiopia” is constantly brought up as an excuse for shelving up the constitution, the professor characterized such a justification as a mere pretext and a lie.

 

Dr. Bereket said that there are three fundamental conditions that need to be realized before embarking on any constitution making process: the willingness on the part of the government, willingness on the part of the public, and finally the existence of an independent entity capable of fulfilling its constitution drafting mandate. As far as the Eritrean constitution making experience is concerned, the professor said that the three conditions were initially present: the government was willing; the public was not only willing but also eager and able to participate in the constitution making process; and finally there was an independent and able entity (the Eritrean Constitutional Commission) to draft the constitution. However, when it comes to implementation, the government went back in its words and decided to shelve the constitution indefinitely.

 

Speaking of constitutionalism in Africa, the professor said, the claim by many that “constitutional government is alien to Africa” is baseless and false. Africa had a system of governance at a village level that effectively governed its people.

 

By Eritrean Law Society

 

 

Dr. Bereket Habte Selassie Meets Eritrean Law Society

 June 8, 2010

On Sunday June 6, 2010, Dr. Bereket Habte Selassie, Chair Person of the Eritrean Constitution Commission and a leading scholar on African Law and Government met with Eritrean Law Society in the Washington Metro Area.

 

At the meeting Eritrean Law Society Executive Director, Mr. Michael G. Andegeorgis and Treasurer Mr. Samrawi O. Araia briefed Dr. Bereket and the participants regarding the organizational structure and activities of the Eritrean Law Society. Mr. Andegeorgis summarized Eritrean Law Society activities in Research and Documentation, Lobby and Networking, Provision of Pro Bono Legal Services and identifying, disclosing and bringing to justice alleged Eritrean human rights persecutors who reside in hiding in the Diasporas. Mr. Araia also briefed the attendees regarding ELS working relationship with local, regional and international organizations and shared his reflections on the Brighton Peace Conference, which he attended.

 

Mr. Andegeorgis further acknowledged that the Eritrean Law Society continues strive to educate some misinformed Eritrean Political Parties and individuals with a tendency to consider the Eritrean Law Society as an extension of some of the Eritrean political parties. He made it very clear that Eritrean Law Society is Professional Association and is open to any Eritrean citizen who fulfills the requisite legal training and stands by the Constitution of the Eritrean Law Society. He confirmed that political opinion and party affiliation has no place in assessing eligibility of ELS membership.

 

After Executive Director Mr. Andegeorgis and Treasurer Mr. Araia briefed the attendees, Dr. Bereket commended the organizational structure as well as the work ELS has accomplished thus far. He said that when two or more people organize themselves to do something good for a society, there is always some other people, who make it their business to disrupt, weaken or harm the reputation of those who stand for a just cause. As such, the ELS, as a professional association working for Democracy, Human Rights and the Rule of Law would never be immune from different overt or covert shenanigans but that the strength and viability of an organization can only be measured when it sticks to its principles and faces those challenges with out getting swayed by emotional considerations.

 

Dr. Bereket also accentuated for the apparent need of a strong body that researches and documents the untold misery of Eritreans and those responsible for it. He also encouraged ELS members to speed up their research on the applicability of S/RES/1907 (2009) to the illicit practice of collecting 2% of the incomes of Eritreans in the Diaspora as a pre condition for getting any service in Eritrea.

 

Dr. Bereket further advised the Society to bolster its human resources by reaching out to Eritrean Lawyers trained in Middle East. Finally Dr. Bereket pledged his support in guiding and encouraging ELS so that it would become a nucleus and driving force for all Eritrean legal professionals. The participants, in turn, thanked and appreciated the work Dr. Bereket has done and continues to contribute.

 

By Eritrean Law Society

 

Student from Eritrea beats odds to earn master's degree

May 7, 2010 at 2:55 p.m. 

Even the most formidable obstacles to education pale in comparison to the arrest, imprisonment and torture that students living under oppressive regimes may have to endure. The courage and dreams of Semere Kesete, born in the African state of Eritrea, launched him from a harsh desert prison to a master’s degree in social justice and human rights at Arizona State University.

 “Social justice and human rights are very important to my people and my country,” says Kesete. "But they are a forbidden field of study in Eritrea.”

While earning a Bachelor of Law degree (LL.B) at the University of Asmara, he was elected president of the Students' Union, an organization which aspired to defend and protect student academic rights.

In a harsh crackdown, the Eritrean government ordered University students to perform forced labor during the summer. Kesete criticized the Eritrean government in his graduation speech. Three days later, members of the Eritrean Security Agency arrested him.

Due to a Habeas Corpus writ from the Students' Council as well as condemnation from the outside world, Kesete was granted a court appearance after 10 days. No charges were filed against him and a second court appearance was ordered. However, government officials denied the second appearance and Kesete was imprisoned in solitary confinement without charges for the next year.

More than 3,000 students were detained, beaten and delivered to camps in the isolated and harsh deserts of Eritrea. The government has since closed the Asmara university.

Kesete was tortured during his imprisonment.

“The situation was unbearable for me and psychologically dehumanizing,” he says. “However, I made a pact with myself to do my best to remain strong and keep my morale high.”

He befriended a prison guard who eventually hatched an escape plan for both. Kesete and his guard trudged five days by foot across the desert and crossed the border into Ethiopia. Kesete made his way to Sweden, where he was granted a permanent residence permit as a political refugee.

He arrived in Arizona in December 2008 and began his master’s studies at ASU. 

“I am very grateful to generous American human rights advocates who offered me a scholarship to study,” he says. “As a social justice and human rights graduate, I have become better equipped to contribute my share in promoting justice and human dignity for my Eritrean people in particular and other oppressed people in general.”

Written by Michele St George
Publications, Graduate College
michele.stgeorge@asu.edu
480-965-5995

 

 

TRUTH TELLING,   PAINFUL AT THAT by Milkias M. Yohannes, Eritrean lawyer and journalist

Last Tuesday April 27th 2010, there was a conference held at the national press club in Washington DC. The event was organized by the press advocacy group reporters sans frontiers (rsf) and the national press club under the banner “truth tellers”. Eritrean independent journalist Milkias Mihretab Yohannes was the speaker at the event. Milkias, shares his experience as to what it means to be a journalist in Eritrea. He told the audience as to what it means to be hounded and followed 24 hour a day by government intelligence forces for simply writing the truth. Despite the 1996, press law and the legal establishment of news papers in Eritrea, the Eritrean government and its official’s were hostile to the notion of free press, criticism and the very idea of a citizen’s right to freedom of speech. Milkias tells the different tactic the Eritrean government used to stifle, muzzle and eventually close the entire free press on September 2001.

 

 Like millions of Eritreans, Milkias was happy to see Eritrea getting its independence in 1991 and the beginning of a new dawn and era for Eritreans after centuries of subjugation by different powers and colonizers. Many Eritreans including the independent press’s courageous young journalists didn’t understand the real nature and true identity of the ruling front in power in Asmara. They, like many fellow countrymen believes an era of democracy, elections, rule of law and free and vibrant press is on after so many years of struggle , suffering and fight for  independence. Soon the Eritrean regime begun to show its true color by first arresting Eritrean journalist Ruth SIMON OF AFP and then Milkias was the first among the independent media journalists to be charged and arrested in 1999. Milkias told the audience how ridiculous and even funny can be the charges against his paper and others also. Any journalist can be charged with defamation, incitement to violence, endangering national security, threat against unity etc. A simple criticism of a government organ, department or official can be turned as a big case and the journalist can be thrown to jail with little legal recourse or indefinitely as is the case now. Several of the independent journalists were being falsely accused and labeled different kinds of names by the ruling dictatorship in Asmara. CIA agents, Ethiopian stooges, agents of destabilizations,, terrorists etc were thrown against the brave journalists on many occasions.

 

Milkias speaks about the appalling and terrible conditions the Eritrean journalists are currently in. The daily death and suffering of Eritrean journalists and others were a pain full experience to him and many Eritreans. So far around eight journalists had died, including Milkias’s friend, colleague and assistant editor of Kestedebena news paper Medhanie Haile Afley, in the notorious ERAERO prison in the deserts of Eritrea and other places according to credible sources and recent escapees. The conditions of other illegally detained journalists including the Swedish/Eritrean journalist Dawit Issac are not encouraging. A recently escaped prison guard and supervisor gave a detailed grim report of the conditions of the jailed Eritrean journalists and other political prisoners. Milkias said that to see a small nation of some 5 million people, to be filled with gulags and dungeons is, one of the sad events of this century. Human rights groups, intelligence and media reports and exiled Eritreans report of the existence of hundreds of prisons and detention centers all over Eritrea. No one is brought to justice, courts or even being interrogated all these years and many are languishing with almost no hope of release by the government.

 

Milkias Mihretab Yohannes, also presented the participants a power point presentations of some photos and events in the realm of independent press. He showed and told the audience photos of the dead and imprisoned journalists and the terrible predicament they are in. Photos of Dawit Habtemichael, Medhanie Haile, Said Abdul kader, Yirgalem Fisseha, Dawit Isaac and Fessehaye Yohannes”Joshua” Was presented by power pint projections to the audience at the national Press club. Milkias critiqued the international community for neglecting the disastrous human rights condition in Eritrea for long time. At the same time, he thanked press advocacy and human rights organizations like the RSF, CPJ Amnesty international and others. He especially thanked reporters sans frontiers, the Paris Based journalist’s organization and its committed African desk staff and head, for steadfastly standing with the case of Eritrean journalists and for not forgetting their plight all these years.

 

 For many years, Milkias said, the whole world didn’t notice or didn’t care about what is going on Eritrea. But with the current impositions of sanctions against the Eritrean regime, there is much attention and focus in the area of human rights and the gross right’s violations taking place in Eritrea. The recent admission or statement by the Eritrean ambassador in the EU, in the case of Dawit Isaac is a hopeful sign in the otherwise gleam and desperate situation, Milkias elaborated. There is a talk of bringing Dawit Isaac to court and charge him, according to the PFDJ’S man and representative in Brussels .How far this is true no one knows and only time will tell.

 

Prior to Milkias’s presentation, RSF US director, Miss Clothlide le coz gave a brief explanation about Eritrea, the status  of the media and the calamity befallen on the entire press and its journalists. She said that every year Eritrea and North Korea are worst violators of press interchangeably. The last 3 or so years Eritrea tops North Korea as the world’s worst violator of press freedom and jailer of Journalists. China, with some 1 billion people has fewer journalists in prison than Eritrea with population of just 5 million!! Eritrea puts more journalists than many other countries, said Miss le Coz of RSF.  There is no foreign news agency correspondent in Eritrea and to get news and information is very difficult, said the US director of RSF. She also said that some 25 journalists are in jail right now, but with lack of information and news from Eritrea and the unwillingness of the Eritrean government to disclose the facts; these numbers might be more or less. Miss Le coz further stated that truth tellers like Milkias and others are indispensable tools in this regard. RSF has hosted several truth tellers’ events in recent days.

 

Milkias plead to the international community and the western nations in particular to do all they can and exert maximum pressure against the Eritrean regime, to release the detained Journalists and other prisoners of consciousness in Eritrea. He told the gathering about the daily escape and fleeing of Eritreans from intolerable and barbaric conditions in Eritrea. Among the exiles and refugees are many Eritrean Journalists, media professionals, government and media workers and journalists and other media and press personalities. Some Eritrean journalists decided to from an association of Eritrean journalists in exile, and in 2009 formed the Association of Eritrean journalists in Exile AEJE based in Stockholm, Sweden. This organization’s paramount task and endeavor according to Mister Milkias is to fight for the right of the incarcerated and unjustly detained journalists in Eritrea, to advocate on their behalf, to work for awareness of their conditions and dilemma, so that they will not be forgotten and help and assist their families and loved ones in any way possible. Some 50 or so Eritrean journalists and media experts are in exile all over the world and most are members of AEJE and with the continuing clampdown on press and freedom by  the Issias Afewerki regime, it is expected more journalists to flee Eritrea, Milkias said.  All indications show of discouraging signs and harsh realities in the case of the prisoners and Eritrea at large, according to Milkias Mihretab. But in conclusion, Milkias cited the Iranian Journalist and known human right’s activist ,Akhbar Ganji who said the following” to be pessimist and cynic in the face of tyranny, is the greatest gift one can give to the oppressor……”.  So I am not utter pessimist and I wish to see one day a free democratic Eritrea with elected government, rule of law, justice, peace, normalcy and a vibrant and lively press so that many of us can resume a profession or calling we are addicted in and in which many gave their life for, Milkias M yohannes Said.. There were Eritreans and different kinds of people among the audiences.  A Representative of the Swedish government, human rights watch, Cato institute and journalists were among the attendees.

 

There were two or three PFDJ die hard supporters in the Washington DC area among the participants at the national press club. One of them, Michel Sium tried to discredit and attack Mister Milkias by raising unrelated issues of Mister Milkias’s previous award and how good the Eritrean government is and typical pfdj gibberish. Mister Milkias lambasted the well known Higdef advocate in the Washington Metropolitan area, that if Eritrea is good as you are saying, why don’t you go to Eritrea. It is painful to see Eritreans like you while living and enjoying the amenities and rights of western democracies and calling for tyranny back home, but I am not that astonished as even Hitler has his supporters,Milkias said.. As a journalist and human being, mister Milkias told the HIGDEFITE you should be ashamed to support a regime that is considered as a greatest murderer of free press and journalists in the entire world. While hundreds of thousands of Cubans, Iranians and other refugees and exiles here in the states and everywhere fight and call for democratic change, release of prisoners and free elections, to see people like you sitting amidst a democratic nation and society and supporting tyranny and fascism back home is unbelievable and shocking……I didn’t know you, though I have heard a lot about you, so it is good to see you, said Mister Mikias to the visibly shaken PFDJ man In the DC area. To the question raised by mister Michel sium as to why milkias didn’t speak good about Eritrea, Milkias replied jokingly” I apologized for my unpatriotic comment, Eritrea is better than Sweden, Norway, Brazil and others so I am sorry…”  Milkias told the PFDJ enthusiasts at the hall that he personally doesn’t feel good at speaking about the tragedies in Eritrea. Telling the truth and facts doesn’t mean one is unpatriotic and or un nationalist as you are claiming. Many American journalists boldly denounced the US’s action and war in Vietnam and even now they criticized and question many actions of their government elsewhere and at home. That doesn’t mean they are unpatriotic or un- American or didn’t love their land.  A journalist and writer’s main job is telling the truth and that is what we are doing now, Milkias affirmed.  The fact, reality and the simple truth is that, things are extremely bad and conditions are unbearable to many Eritreans back home. That is why thousands are escaping every day to neighboring countries and elsewhere, Milkias replied. The catastrophe and tragedy fallen on Eritrea and its people is so massive and huge and any one can see it easily on what is going on. On the invitation by Mister Michel Sium to the audience that any one can go to Eritrea and see for them selves…, Milkias replied that, let alone any one in this hall to go to Eritrea, your government famously, and in disregard of diplomatic protocol and norms has denied a visa to the head of African desk at the state department. Even if you go to Eritrea (he was addressing Mister Michel Sium), there is a chance that you might even be arrested as there is absolute lunacy there. Mister Milkias further spoke and pose questions forcefully, to the visibly shaken PFDJ lackeys in the hall that “can you vote in Eritrea? Is there elections? Can you oppose the government, ? Can you go and visit prisoners? While you vote and select every four or so years here in America from mayors to the president, and calling for Fascistic system of government in Eritrea, is beyond my understanding Mister Milkias Mihretab yohannes told the three or so HIGDEFITES at the hall.

 

 After the questions and answers session, Many People expressed their solidarity with Eritrean journalists and the Eritrean people who are denied their basic and God given rights for so long. Many expressed their wish to see Eritreans free from this despotism and join the family of nations it so deserves. 

 

Source: Eritrean Law Society

 

REPORT OF ERITREAN LAW SOCIEYT- DC CHAPTER MEETING

An important meeting of Eritrean legal professionals was held on March 31, 2010 in Washington DC. Members of

the newly formed Eritrean law society, east coast US branch, met and discussed several legal and other issues

concerning Eritreans, their organization and other related issues. Chairman of Eritrean law society association, Mister Michael G Andegeorgis, in his opening speech briefed the members about the achievements, shortcomings

and plans ahead of the society. Mister Michael elaborated on the need to form a strong Eritrean legal organization

and on the importance of forming networking and linkage with similar organizations and groups all over the world.

So far Eritrean law society(ELS) have contacted several legal and bar associations in Africa, United states and

Canada and the response was very encouraging. Some of the organizations that the Eritrean law society so far

contacted are the east African lawyers association, the pan African lawyers society , the American bar association

and others.

 

Mister Michael also briefed the attendee legal professionals, about the task ELS is trying to achieve; that is the tax

exemption status In the United States. Members discussed also about the urgent need to have an office and known

 location and agreed to have an office in Washington metropolitan area in a very short time. Having  an

administrative center or an office, will serve as a hub for Eritrean lawyers, legal students, researchers and other

interested individuals, the participants agreed. Mister Michael Andegirogis talked about the need to contact several

embassies and diplomats regarding the plight of Eritrean refuges and asylum seekers fleeing persecution in their

land. It was agreed to hold a meeting or a symposium and inviting envoys and concerned individuals of nations

where Eritreans usually escape, before they reach their final destinations. Some South and Central American

countries were mentioned, and the society has a plan to meet with Venezuelan and Brazilian diplomats in

Washington DC. One of the most important goals of Eritrean law professional’s society is to help and legally assist

 thousands of Eritreans who run away from intolerable and barbaric conditions in Eritrea and stranded in other

countries. These Eritrean refugees encounter many hurdles and even face the possibility of deportations by some

unaware or unconcerned officials of some countries especially in south and Central America. The case of some 12

Eritreans who were deported back to Dubai (UAE) by the Venezuelan authorities is a prime example. In this regard,

 members agreed to have a working and effective relationship with those organizations that primarily  deal with

asylum seekers, refugees and those who flee persecution, like Amnesty international, UNHCR, Human rights

watch and others. The need to from strong working relation ship and lobby individual Eritrean friends and Eritrean

issue experts was also raised. The American professor, author and Eritrean expert Doctor Tricia R Hepner,s help 

 with regard stranded Eritrean refugees and asylum seekers in Venezuela is commendable , and the ELS

members expressed their gratitude

 

Another land mark resolution was about the urgent task of prosecuting and disclosing names of individuals and

officials who commit crime against humanity in Eritrea. It is a well known fact that there are many Eritreans who

reside in the US, Canada Europe and other countries; who commit atrocities and crimes while they were in Eritrea.

Accordingly, ELS will use all UN conventions against torture and inhumanity, available US and European laws at its

 disposal to prosecute and indict some criminal Eritreans who ,while in government and party position in Eritrea,

participated or committed any misdeed against Eritrean nationals. It was also agreed to hold a founding congress

or convention of Eritrean legal professionals before the end of this year.

 

There was a highly respected Eritrean lawyer and former University of Asmara lecturer at the meeting. The

presence of Mister Paulos Tesfagiorgis Baatay at the meeting was most welcomed by those in attendance, as he

was one of the highly regarded and esteemed legal teachers to many young Eritrean legal practitioners and

academics all over the world. Mister Paulos was on a short visit to the US from South Africa, and despite his tight

schedule and time, he was able to attend the meeting and gave valuable advice and comment on the need of

forming a viable and strong legal organization. He shared his vast experience with attendees regarding several

issues. Mister Paulos Tesfagiorgis also briefed fellow ELS members about the coming May 2010, conference for

peace in London United Kingdom. According ELS chairman Mister Michael Andegiorgis, this kind of meeting of the

DC chapter of Eritrean law society will continue in much broader forum.

 

By Milkias Mihretab Yohannes

 

 

Samuel Abrahaley Pleads Guilty to Alien Smuggling

Samuel Abrahaley Fessahazion, 23, an Eritrean national, has pleaded guilty to helping smuggle illegal aliens to

the United States for private financial gain, announced Assistant Attorney General Lanny A. Breuer of the Criminal

Division, U.S. Attorney Jose Angel Moreno of the Southern District of Texas and U.S. Immigration and Customs

Enforcement (ICE) Assistant Secretary John Morton.


Fessahazion, aka "Sami," aka "Sammy," aka "Alex" and aka "Alex Williams" pleaded guilty yesterday in Houston

before U.S. District Court Judge Nancy A. Atlas to one count of conspiracy, and two counts of encouraging and

inducing aliens to come to, enter or reside in the United States in violation of law for the purpose of private financial

 gain.


"By bringing this smuggler to justice, we have broken a chain that runs from Africa to South and Central America,

directly into the United States," said Assistant Attorney General Lanny A. Breuer.  "We will not allow these

dangerous smuggling organizations to profit from bringing people illegally into the United States."


"This prosecution strikes a significant blow to a criminal organization engaged in a sophisticated international alien

 smuggling operation," said U.S. Attorney Jose Angel Moreno of the Southern District of Texas, "and highlights the

continuing cooperation and success of multiple law enforcement agencies in interdicting such activities."


"Breaking this global alien smuggling network puts smugglers on notice that we are coming after them and we will

shut them down," said ICE Assistant Secretary John Morton.  "ICE will continue to identify the most dangerous

international human smuggling organizations for investigation and prosecution. "


According to plea documents, from at least June 2007 until approximately January 2008, Fessahazion was the

Guatemalan link of an alien smuggling network that spans East Africa, Central and South America.  Specifically,

according to the court documents, Fessahazion illegally entered the United States at McAllen, Texas, on March 20,

2008.  He applied for asylum on Sept. 30, 2008, claiming in his application that he was traveling across Africa in

2007 and 2008, fleeing persecution in Eritrea.  However, according to court documents, Fessahazion was actually

in Guatemala during that period facilitating the smuggling of East African aliens to the United States. 

Fessahazion was granted asylum by the United States on Nov. 13, 2008.


Fessahazion admitted that for profit, he encouraged or induced at least six and up to 24 illegal aliens, primarily

East Africans, to come to, enter, or reside in the United States knowing that they were not authorized to do so. 

Fessahazion admitted he moved aliens from Honduras through Guatemala and into Mexico illegally, at which point

he referred aliens to a smuggler who brought the aliens into the United States.


In one instance, according to court documents, Fessahazion and his co-conspirators moved two illegal aliens from

 South Africa to Sao Paulo, Brazil, then through Venezuela to Honduras where they were instructed to contact

Fessahazion.  Once in contact, Fessahazion sent a driver to pick up the two aliens and bring them to Guatemala

City, Guatemala.  In exchange for $800, Fessahazion took the two aliens by bus to a house bordering Guatemala

and Mexico. There, working with a co-conspirator, Fessahazion provided information to the couple on how to cross

the border into Mexico illegally and how to proceed once in Mexico to the United States border. Fessahazion and the

 co-conspirator provided the couple with a guide who physically took them into Mexico and provided contact

information for an unidentified smuggler known only by the alias "Matamoros," who would in turn take the two

aliens to the United States from Reynosa, Mexico.  In February 2008, the couple was illegally brought to the United

States by guides working for "Matamoros."  According to court documents, the guides carried guns and ferried the

couple across the river on the Mexico/U.S. border in inner tubes.


In another example, an alien was moved from Dubai to Brazil, then to Honduras via Colombia and Costa Rica

According to court documents, a co-conspirator told the alien he could get him from Dubai to Brazil, at which point

 others would assist the alien each step of the way to the United States in a "chain like" fashion. 


According to court documents, once the alien arrived in Honduras, Fessahazion sent a driver to retrieve him and

bring him to Guatemala City.  In exchange for $700, Fessahazion took the alien to the Guatemala/Mexico border

and, along with a co-conspirator, gave the alien information on how to cross the border into Mexico illegally and

how to proceed once in Mexico to the United States border, including contact information for "Matamoros."  The

alien then traveled into Mexico, contacted "Matamoros" and traveled to Reynosa as "Matamoros" instructed.  In

December 2007, according to court documents, guides working for "Matamoros" took the alien and others to the

United States illegally by ferrying them across the river on the Mexican/U.S. border in inner tubes.  Shortly after

crossing the border into the United States, the alien and others were apprehended.


At sentencing, scheduled for June 14, 2010, Fessahazion faces a maximum penalty of 10 years in prison and a

$250,000 fine.


The case was prosecuted by Trial Attorney Pragna Soni of the Criminal Division's Domestic Security Section, with

the assistance of Assistant U.S. Attorneys Edward Gallagher and Douglas Davis of the Southern District of Texas.


The investigation was conducted by the ICE Special Agent in Charge (SAC) Washington,  with the assistance of

SAC San Francisco, the ICE Human Smuggling and Trafficking Unit, ICE Office of Intelligence, ICE Office of

International Affairs and U.S. Custom and Border Protection's Office of Alien Smuggling Interdiction.
 
 
Reportage by MILKIAS M YOHANNES

 

Asylum appeal ends in death

Eritrean refugee in Halifax commits suicide after losing case to stay in Canada

By ROBIN ARTHUR Special

Sun. Mar 14 - 4:53 AM

 

An Eritrean refugee in Halifax killed himself in late February after losing an asylum appeal to Canada’s

 Immigration and Refugee Board. Habtom Kibraeb, 40, was found dead, hanging from a tree in the

Clayton Park area.

 

Kibraeb had spent several years on the run from Eritrea’s military, says Beku Feshaye, who owns

Kilimanjaro Café, a store on Titus Street in Halifax. Feshaye and fellow Eritrean Nazareth Yemane,

 a radio show host on CKDU 88.1 FM, raised the money to bail out Kibraeb when he was detained

by the Canada Border Services. Feshaye also offered him shelter while his asylum appeal was

being processed.

 

Kibraeb arrived in Halifax from Germany in August 2008. To board the plane that brought him

here, he used a fake passport, with a forged signature, that was sold to him by an agent in

Germany. While on the plane he shredded the document. Upon landing he told immigration

officers he had destroyed the passport, produced his military ID and asked for asylum. He was

jailed, but later released on the bail provided by Feshaye and Yemane.

 

Eritrea’s government is led by Isaias Afewerki, the leader of the Eritrean People’s Liberation Front

during the Ethiopia-Eritrea war that was fought between 1961 and 1991. But since winning the war

and taking power, Afewerki’s government has allegedly turned totalitarian. Its military has been

accused of thousands of human rights violations, and torture and sexual abuse in the army is

reportedly horrifying.

 

Bahlbi Malk, a refugee from Eritrea who lives in Halifax, says he has heard reports of sexual

abuse, helicopter torture, underground detention and beatings going on in Eritrean military camps.

Such conditions have forced thousands of Eritrean youth to flee the country.

 

"In 2008, some 68,000 Eritreans entered Europe as refugees. Many perished while crossing the

Sahara desert and the Mediterranean Sea," Malk says Eritrean youth flee their homeland for two

main reasons: indefinite military conscription without pay and economic deprivation.

 

Kibraeb joined the EPLF in 1988, at the age of 18, to fight for Eritrea’s independence from Ethiopia.

 He joined Eritrea’s military when the EPLF took over the reins of government, rising to the rank of

 captain.

 

Kibraeb made formal requests to leave the military but was sent to jail for re-education instead,

says local immigration lawyer Lee Cohen, founder of the Halifax Refugee Clinic. When he was

finally transferred to a border post, Kibraeb saw the chance for a new life. He slipped across the

border in 2006. His road to Canada was not a smooth one. He was jailed in Libya and again in

Malta.

 

Investigators from the Canada Border Services concluded that Kibraeb couldn’t enter this country

because Eritrea’s military is deemed by Canada as a violator of human rights. Although Kibraeb

said he no longer supported their ideology, his voluntary entry into the EPLF, his rank in the

military and the long years of service were factors that led the border service to deny him entry,

says Julie Chamagne, executive director of the Halifax Refugee Clinic. "It’s not a valid judgment,"

she says. "The notions of duress and of forced conscription were not taken into account."

 

An Immigration and Refugee Board of Canada rule that prohibits lawyers from counselling clients

during investigations was another factor, says Cohen. "A refugee may neither have English

language skills nor an understanding of the legal process. That being said, those rules limit the fair

 outcome of a case," he says. "There were controversial statements made by the client. But if he

had the benefit of counsel, that could have changed things."

 

Losing the asylum appeal meant that Kibraeb would be deported, something he dreaded because

 Eritrea does not have an exit policy. Anyone who returns there after fleeing the country is charged

 and faces a possible death sentence, says Malk.

 

Feshaye remembers Kibraeb telling him before his death that a military captain would probably

 be tortured before being shot by a firing squad. The Geneva Convention on Refugees deems that

a refugee may not be deported to his country of origin if there is a well-founded fear of

persecution, torture or death upon return. But Cohen says claims of fear of death are so

commonplace at refugee hearings that, as it was in Kibraeb’s case, it is often not taken seriously.

"On the other hand, he was not yet determined to be a refugee," Cohen says.

 

The night before he committed suicide, Kibreab was asked to report to the Canada Border

 Services the next day. There, according to Cohen, he was to receive his deportation orders.

Cohen believes Kibreab’s case was "wrongly decided." He was hopeful for a judicial review but by

 then Kibraeb had given up hope for a new life, something he had pursued since his flight out of

Eritrea four years before. Instead he chose to take control of his life and his death. "The fact that

he chose to end his life on a snowstorm day underlines the point that his fear of being shot by a

firing squad on return to his country was real," Cohen says.

 

Robin Arthur is publisher of TouchBase, a monthly newspaper distributed throughout the Maritimes
 
Reportage By Milkias M  Yohannes

 

Eritrean pleads not guilty to aiding terrorists

By LARRY NEUMEISTER (AP)

NEW YORK — Evidence collected by the United States against an East African charged with providing support to a Somali terrorist organization linked to al-Qaida includes lengthy statements he made to authorities, a prosecutor told a judge Tuesday.

Assistant U.S. Attorney Christopher LaVigne made the revelation during a plea proceeding for Mohamed Ibrahim Ahmed in Manhattan. Ahmed's lawyer, Sabrina Shroff, entered a not guilty plea on his behalf.

Ahmed, 35, a citizen of Eritrea, was brought to the United States on Saturday from Nigeria on charges that he supported al-Shabaab, a violent extremist group in Somalia.

Prosecutors say he gave the organization 3,000 euros and studied weapons and explosives at a training camp. They say he bought an AK-47 rifle, ammunition and two grenades in April in Somalia. Al-Shabaab was designated by the U.S. as a terrorist group in 2008.

LaVigne told U.S. District Judge Kevin P. Castel that evidence the government will turn over to the defense in the case includes extensive statements Ahmed made in Nigeria, along with items recovered from him.

The prosecutor said Ahmed's statements were in six reports that amounted to 10 to 13 pages. As the prosecutor spoke, Ahmed nodded his head as he listened to a translator. The government wouldn't disclose details on Ahmed's statements.

His apparent cooperation with authorities seemed evident in court. At the end of the proceeding, which lasted only a few minutes, Ahmed leaped from his chair and headed toward the door leading to the cell block next to the courtroom. The marshals who accompanied him did not appear alarmed by his rapid movement.

Court papers indicated Ahmed might have been held by authorities since November, when officials say he was found in possession of documents reflecting bomb-making instructions. The indictment also said his crimes stretch from at least January 2009 through last November.

U.S. authorities would likely welcome any information Ahmed can provide about al-Shabaab.

An indictment charging Ahmed with providing material support to the organization and receiving training from the group said a former leader of al-Shabaab who trained with al-Qaida in Afghanistan prior to 2001 had called for foreign fighters to go to Somalia to join al-Shabaab in a "holy war" against the Ethiopian and African Union forces in Somalia.

The indictment said al-Shabaab's recruitment efforts had led men from other countries including the United States to go to Somalia to engage in violent jihad — holy war.

The indictment said al-Shabaab was believed to have provided protection and safe haven for al-Qaida operatives wanted for a 2002 hotel bombing in Kenya and the 1998 bombings of the U.S. embassies in Kenya and Tanzania that resulted in 224 deaths, including 12 Americans.

It said al-Shabaab in April declared it was responsible for mortar attacks against a U.S. congressman visiting Somalia. A year before that, al-Shabaab leaders declared that their fighters would "hunt the U.S. government" and warned that the U.S. and Ethiopia should keep its citizens out of Somalia, the indictment said.

Al-Shabaab is the most active group of violent extremists targeting Somalia's weak U.S.-backed transitional government. The indictment said it has carried out assassinations of civilians and journalists and had distributed a videotape depicting the slow decapitation of an accused spy.

Somalia, an impoverished East African nation of about 10 million people, has not had a functioning government for more than a decade.

Federal prosecutors said al-Shabaab, hoping to impose strict Islamic law throughout Somalia, has claimed responsibility for suicide bombing attacks in recent years, including five simultaneous suicide bombings targeting government, Ethiopian and United Nations facilities in October 2008.

 

Source:AP

 

Court told woman consented to sex before Eritrean man’s rape accusation

Mar 6 2010 by Keith Fairbank, South Wales Echo


A JURY will reconvene on Monday in the trial of a 29-year-old African refugee charged with two counts of rape.


John Medhane, an Eritrean national, admits to having twice had sex with a 37-year-old woman at his Cardiff home

 after they met on a night out. The woman claims she was subjected to two separate rapes in his kitchen.


Prosecution counsel Tom Crowther previously told Cardiff Crown Court Medhane and a friend met two women and

took them back to his house. He said one woman refused the advances of Medhane’s friend, who subsequently

left, while the complainant  made food and tea with Medhane in his small kitchen. She claims he grabbed her,

removed her jeans and forced himself upon her. Yesterday, Mr. Crowther concluded: “Mr. Medhane was looking for

 sex that night and perhaps he thought that was  how people behaved in Cardiff on a Friday night?


“For 26 of his 29 years he has lived in a place where things are done differently.  “He is a refugee, which means he

has been persecuted in his own country, and we cannot hold that against him,  but he made a judgment about

these women.”


Defense barrister Harry Baker pointed to Medhane’s small stature, said he was a “softly-spoken gentleman” all

night, and could be considered attractive to many women. He asked: “These were strangers in his house but they

were relaxed enough to make food and a cup of tea. Did this man turn really into a monster in an instant?


“The woman had consensual sex with him but panicked the second time when her friend caught them together.


“This is a situation of how regret can facilitate a complaint.” Judge Isobel Parry reminded the jury to consider each

count of rape separately. (walesonline)

 
Reported by Milkias M. Yohannes
 
source; welshtimes

 Alerting and informing campaign

 

 An important and a first in its kind meeting were held in Washington Dc on Tuesday February 23 2010. The

executive director of Eritrean law society, an organization of Eritrean lawyers and law professionals, Mister

Michael G. Andegeorgis, met with the consul general of the embassy of Ecuador to the United States, Mrs.

Janina Smith, to discuss issues regarding fleeing Eritrean refugees. It was reported by www.assenna.com,  

a UK based news and information outlet about some Eritreans, facing the possibility of deportation from

Ecuador and being stranded in the city of Guayaquil.( http://assenna.com/english/news/2380-urgent-call-for-

help-7-eriteans-in-ecuador-in-danger-of-deportation). Assenna.com and some family members of these

Eritreans alerted the world about the danger these Eritreans face, in case they are deported. Mister Michael,

explained to the consul general of Ecuador, about the over all human and political condition of Eritrea and its

 impact on its citizens. He further elaborated about the risk and danger Eritreans facing in their land, the

reasons for their arduous and perilous flight from tyranny in Eritrea and the legal and humanitarian

responsibility of nations like Ecuador with regards refugees and asylum seekers.  The consul General, Mrs.

Smith admitted that she heard little of Eritrea before this incident and promised to alert all concerned

authorities in the Ecuadorian Foreign ministry in this matter. Mister Michael Andegeorgis stressed on the fact

that Ecuador as a signatory of several UN and international conventions regarding Refugees and those who

fled persecution in their land, has a duty to abide by these laws and treat Eritrean refugees like wise. He also

 discussed the human rights violations going on in Eritrea on many fronts and the case of Eritreans fleeing to

Latin and central American Countries. The consul General expressed her sadness regarding the plight and

predicament of Eritreans and promised to do all in her power to alert and inform authorities in Ecuador about

 this new development.

 

  The Eritrean law society is a non profit organization launched on January 20 2010. It has members all over

 the world and is head quartered in Arlington, Virginia in the United States. According to its director, Mister

 Michael G. Andegeorgis, it has plans to meet and discuss issues regarding Eritrean asylum seekers and

refugees, with ambassadors and consul generals of South and Central American nations in Washington DC.

In related news, the above mentioned Eritreans were repatriated to Venezuela by the Ecuadorian authorities.

 But the good news is that in Venezuela republic, Amnesty international and the UNHCR are heavily involved

on this matter and it seems a matter of time, before these Eritrean asylum seekers will be granted Asylum.

The Eritrean law society (ELS) did a commendable job in alerting officials and friends of Eritrea like Dr.

Tricia Hepner An assistant professor in Knoxville, Tennessee and others about this potentially grave

development. 

                                                

 

 

   

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