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Copyright 2014

Review of Politics, Economics, Constitution, Law and World Affairs by Attorney and Doctor Orly Taitz


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In case of emergency, call 949-683-5411.

When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.
-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.  -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.  -- Mahatma Gandhi

Press release: response from the defendants received, representatives from ICE, DHS and HHS will be testifying at the hearing. Documents were provided and are posted herein for the members of the public

Posted on | August 20, 2014 | 33 Comments

Press release: response from the defendants received, representatives from ICE, DHS and HHS will be testifying at the hearing. Documents were provided and are posted herein for the members of the public

Dear Dr. Taitz:

 

Attached please find Defendant’s Response to [your] Discovery Demand.

 

We intend to have witnesses present at the hearing. A witness list will be filed shortly. Representatives from Border Patrol (Chief Oaks), ICE (Deputy FOD Fierro) and HHS ACF (Ms. Brooks) will be present.

 

Daniel Hu

AUSA

Here is the list of  27 documents submitted with the e-mail by the US attorney representing the defendants. The public is asked to review these documents and comment, whether the information in these documents and testimony matches the information they have in regards to trafficking of illegal aliens by the government:

Written Testimony of Secretary of Homeland Security Jeh Johnson (June 24, 2014):
https://www.dhs.gov/news/2014/06/24/written-testimony-dhs-secretary-jeh-johnson-
house-committee-homeland-security

 

Written Testimony of FEMA Administrator Craig Fugate, CBP Commissioner R. Gil
Kerlikowske & ICE Principal Deputy Assistant Secretary Thomas S. Winkowski (July 9,
2014): https://www.dhs.gov/news/2014/07/09/written-testimony-fema-cbp-and-ice-
senate-committee-homeland-security-and

Written Testimony of CBP Border Patrol Deputy Chief Ronald D. Vitiello & ICE Enforcement and
Removal Operations Executive Associate Director Thomas Homan (June 25, 2014):
https://www.dhs.gov/news/2014/06/25/written-testimony-cbp-and-ice-
house-committee-judiciary-hearing-titled-%E2%80%9C

 

Written Testimony of CBP Rio Grande Valley Sector Chief Patrol Agent Kevin Oaks:
https://www.dhs.gov/news/2014/07/03/written-testimony-cbp-house-committee-
homeland-security-hearing-titled-%E2%80%9Ccrisis-texas

 

Fact Sheet: Artesia Temporary Facility for Adults With Children in Expedited Removal:

https://www.dhs.gov/news/2014/06/20/fact-sheet-artesia-temporary-facility-adults-
children-expedited-removal

DHS OIG Report: ICE’s Release of Immigration Detainees, OIG-14-116 (Revised) (August 2014):
https://www.oig.dhs.gov/assets/Mgmt/2014/OIG_14-116_Aug14.pdf
FY 2013 ICE Immigration Removals (2013 Removal Statistics):
https://www.ice.gov/removal-statistics/index.htm

 

2011 Operations Manual ICE Performance-Based National Detention Standards
(PBNDS): https://www.ice.gov/detention-standards/2011/
United States Border Patrol, Southwest Border Sectors, Family Unit and Unaccompanied Alien Children
(0-17) apprehensions, FY 14 through July, compared to the same period for FY 13:
https://www.cbp.gov/sites/default/files/documents/SWB%20Family%20and%20UAC%20
Apps%20through%20July.pdf

 

Memorandum from Secretary of Homeland Security Janet Napolitano, Exercising Prosecutorial
Discretion with Respect to Individuals Who Came to the United States as Children (June 15, 2012):
https://www.dhs.gov/xlibrary/assets/s1-exercising-
prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf

Consideration of Deferred Action for Childhood Arrivals (DACA):
https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals- daca

Renew Your DACA: https://www.uscis.gov/humanitarian/consideration-deferred-action-
childhood-arrivals-process/renew-your-daca
Frequently Asked Questions (DACA):
https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-
process/frequently-asked-questions
I-821D, Consideration of Deferred Action for Childhood Arrivals:
https://www.uscis.gov/i-821d

 

Filing Tips for Deferred Action for Childhood Arrivals:
https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-
process/filing-tips-deferred-action-childhood-arrivals
General information: How do I request consideration of deferred action for childhood arrivals?:
https://www.uscis.gov/sites/default/files/USCIS/Resources/daca.pdf
Consideration of Deferred Action for Childhood Arrivals (Graphic/Flowchart):
https://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Deferred%20Action%20for
%20Childhood%20Arrivals/daca-consider.pdf

Deferred Action for Childhood Arrivals (DACA) Toolkit: Resources for Community Partners:

https://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Deferred%20Action%20for
%20Childhood%20Arrivals/DACA-toolkit.pdf

Data Set: Deferred Action for Childhood Arrivals: https://www.uscis.gov/tools/reports-
studies/immigration-forms-data/data-set-deferred-action-childhood-arrivals

 

Direct Filing Addresses for Form I-821D, Consideration of Deferred Action for

Childhood Arrivals: https://www.uscis.gov/i-821d-addresses

 

Consideration of Deferred Action for Childhood Arrivals Fee Exemption Guidance:

https://www.uscis.gov/forms/forms-and-fees/consideration-deferred-action-childhood-
arrivals-fee-exemption-guidance

 

Credible Fear Screenings: https://www.uscis.gov/uscis-tags/unassigned/credible-fear- screeningsQuestions & Answers: Credible Fear Screening:

https://www.uscis.gov/humanitarian/refugees-asylum/asylum/questions-answers-credible- fear-screening

Reasonable Fear Screenings: https://www.uscis.gov/humanitarian/refugees-

asylum/asylum/reasonable-fear-screenings

 

Questions & Answers: Reasonable Fear Screenings:

https://www.uscis.gov/humanitarian/refugees-asylum/asylum/questions-answers-
reasonable-fear-screenings

Respectfully submitted,
/S/ Colin A. Kisor COLIN A. KISOR Deputy Director District Court Section
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
450 Fifth Street NW Washington DC 20001
Telephone: (202) 532-4331
Fax: (202) 305-7000
E-mail: colin.kisor@usdoj.gov

/s/ Daniel D. Hu DANIEL D HU

Assistant United States Attorney
State Bar No. 10131415
S.D. I.D. 7959

Southern District of Texas

1000 Louisiana, Suite 2300
Houston TX 77002
(713) 567-9000 (PHONE); (713) 718-3300 (FAX)
Email: Daniel.Hu@usdoj.gov

Counsel for Defendants

 

Original request:

 

From: orly.taitz@hushmail.com [mailto:orly.taitz@hushmail.com]
Sent: Thursday, August 14, 2014 5:50 PM
To: Hu, Daniel (USATXS)
Cc: orly.taitz@hushmail.com
Subject: Urgent notice to appear

 

Law Offices of Orly Taitz

Dr. Orly Taitz, ESQ

29839 Santa Margarita, ste 100

Rancho Santa Margarita, Ca 92688

Ph. 949-683-5411 Fax 949-766-7603

Orly.Taitz@hushmail.com

08.14.2014

Attention

Daniel David Hu 
Office of the US Attorneys Office
1000 Louisiana
Ste 2300
Houston, TX 77002
713-567-9518
Fax: 713-718-3303
Email: daniel.hu@usdoj.gov

Counsel for President Barack Obama, Secretary of Homeland Security Jeh Johnson, Secretary of Health Human Services Sylvia Burwell and Border Patrol in Taitz v Johnson et al 14-cv-00119

NOTICE TO APPEAR

Pursuant to 08.13.2014, court order by Judge Hanen, a motion hearing will be heard on 08.27.2014 in Taitz v Johnson 14-cv-00119.

Judge Hanen requested to address the issues below. The plaintiff is requesting defendants to appear at the hearing, as well as at a deposition, to be scheduled by a mutual consent on or before 08.22.2014.

The plaintiff is requesting defendants’ attendance at the deposition hearing and the production of any and all documents responsive to the order by Judge Hanen, including, but not limited to :

  1. Border Patrol records of all illegal aliens apprehended at the U.S. –Mexican border in 2013, 2014.
  2. Any and all records of medical examinations and treatment of such illegal aliens prior to their release into the general population.
  3. Any and all criminal records on these illegal aliens from the countries of origin obtained by the defendants prior to the release and transportation of these illegal aliens.
  4. Records of the US sponsors of such illegal aliens, and whether the sponsors, themselves, are illegal aliens.
  5. Receipts of the notices to appear at the deportation hearings given to illegal aliens prior to their release from DHS/ICE custody.
  6. Inspector General report showing criminal records of the illegal aliens released from the DHS/ICE custody.
  7. Any and all records of individuals and classes of individuals challenging DHS and/ or ICE, and/or INS, and/or HHS, and challenging the policies of above agencies in relation to Flores v Reno and other immigration/deportation/ release and transportation of aliens, as well as records of determination by such challenges.
  8. Plaintiff is seeking the defendants cooperation in accessing individuals who are the employees of the defendants and/or contractors, hired by the defendants for the purpose of processing and examination of illegal aliens, plaintiff is seeking the names and contact information of border patrol agents and medical professionals, who were handling processing of illegal aliens, who crossed the US –Mexican border in 2014.

Mr. Hu, since Mr. Kisor is out of the country and he designated you as an attorney in charge during his absence, and due to a very limited time frame, less then 2 weeks prior to the August 27 hearing, the plaintiff is requesting a response from you by the end of the day tomorrow, advising her, whether your clients will agree to appear for the hearing, for the deposition and will produce the requested documents.

If, by the end of the day tomorrow, 08.15. 2014, the plaintiff will not receive a response advising her whether the defendants will attend the deposition and hearing and will provide document requested, the plaintiff will file with Judge Hanen a motion to compel attendance and production of documents.

Sincerely,

/s/ Dr. Orly Taitz, ESQ

08.14.2014

Case 1:14-cv-00119 Document 23 Filed in TXSD on 08/13/14 Page 1 of 2IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISIONDR. ORLY TAITZ, § Plaintiff,
§
§
VS. § CIVIL ACTION
NO. B-14-119
§ JEH JOHNSON, Secretary of the Department § of Homeland Security, et al.,
§ Defendants. §ORDERThe Court will hold a hearing on all pending motions on August 27, 2014 at 1:30 p.m. Counsel and/or
their witnesses should be prepared to address all topics raised either by the motions or the
Government’s response. These topics include: (1) the standing of the Plaintiff (either
individually or as a class representative); (2) the ability of an individual citizen, even with
standing, to question executive authority over immigration matters; (3) the Defendants’ past and
current efforts to secure the southern border of the United States (including the efforts to stop
the influx of illegal aliens, minors and adults in 2014); (4) all aspects of the apprehension,
processing and subsequent placement of the illegal minors in 2014 included specifically the recent
influx from Mexico and Central America; (5) the Defendants’ efforts to comply with the Flores
settlement in conjunction with the recent influx of minors; (6) the application, if any, of the
Deferred Action for Childhood Arrivals to this case; and (7) the examination, diagnosis and
treatment of any illegal alien minors with any medical conditions in 2014; and (8) the detention
and/or all other means to house illegal alien minors who have entered the country in 2014.

 

 

U.S. District Court

SOUTHERN DISTRICT OF TEXAS

Notice of Electronic Filing

The following transaction was entered on 8/13/2014 at 5:09 PM CDT and filed on 8/13/2014

Case Name: Taitz v. Johnson et al
Case Number: 1:14-cv-00119
Filer:
Document Number: 23

Docket Text:
ORDER entered. Miscellaneous Hearing set for 8/27/2014 at 01:30 PM at Courtroom 6 before Judge Andrew S. Hanen. The Court will rule as quickly as it can after the hearing given the emergency nature of the motion.(Signed by Judge Andrew S. Hanen) Parties notified.(sbejarano, 1)
1:14-cv-00119 Notice has been electronically mailed to:

Colin Kisor colin.kisor@usdoj.gov

Daniel David Hu daniel.hu@usdoj.gov, JJones5@usa.doj.gov, sKempen@usa.doj.gov

Orly Taitz orly.taitz@hushmail.com

Case 1:14-cv-00119 Document 23 Filed in TXSD on 08/13/14 Page 1 of 2IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISIONDR. ORLY TAITZ, § Plaintiff,
§
§
VS. § CIVIL ACTION
NO. B-14-119
§ JEH JOHNSON, Secretary of the Department § of Homeland Security, et al.,
§ Defendants. §ORDERThe Court will hold a hearing on all pending motions on August 27, 2014 at 1:30 p.m. Counsel and/or
their witnesses should be prepared to address all topics raised either by the motions or the
Government’s response. These topics include: (1) the standing of the Plaintiff (either
individually or as a class representative); (2) the ability of an individual citizen, even with
standing, to question executive authority over immigration matters; (3) the Defendants’ past and
current efforts to secure the southern border of the United States (including the efforts to stop
the influx of illegal aliens, minors and adults in 2014); (4) all aspects of the apprehension,
processing and subsequent placement of the illegal minors in 2014 included specifically the recent
influx from Mexico and Central America; (5) the Defendants’ efforts to comply with the Flores
settlement in conjunction with the recent influx of minors; (6) the application, if any, of the
Deferred Action for Childhood Arrivals to this case; and (7) the examination, diagnosis and
treatment of any illegal alien minors with any medical conditions in 2014; and (8) the detention
and/or all other means to house illegal alien minors who have entered the country in 2014.

Case 1:14-cv-00119 Document 23 Filed in TXSD on 08/13/14 Page 2 of 2

The Court will rule as quickly as it can after the hearing given the emergency nature of the
motion.
Signed this 13th day of August, 2014.

Andrew S. Hanen
United States District Judge

Taitz v Johnson hearing scheduled for August 27

Taitz v Johnson, Order to show cause why the shout should not rule in favor of Taitz

Judge Hanen prior order on smuggling by the government

Taitz v Johnson Application for Stay draft 12 final summons

Taitz v Johnson Reply to Answer to show cause

Taitz v Johnson DACA memo by Napolitano

Flores v Reno stipulated agreement

Taitz v Johnson stipulation in Flores v Janet Reno

Answer to order to show cause

Taitz v Johnson Counsel asks to postpone hearing till August 26

Taitz v Johnson filed motion to expedite due to Ebola

Taitz v Johnson Certificate of interested parties

Taitz v Johnson, Order to show cause why the shout should not rule in favor of Taitz

Taitz v Johnson Application for Stay draft 12 final summons

Judge Hanen prior order on smuggling by the government

Category: Uncategorized

Comments

33 Responses to “Press release: response from the defendants received, representatives from ICE, DHS and HHS will be testifying at the hearing. Documents were provided and are posted herein for the members of the public”

  1. Kevin J Lankford
    August 20th, 2014 @ 3:57 pm

    Can they actually be expecting to base the whole defense of the governments actions on napolitano memorandum claiming “prosecutorial discretion”, or in other words claiming they are free to do what ever they want to do and it is the business of no one else.

    There can be no rational legal defense for their actions, and it does appear to be their view as it is referenced near the end, in the topics to be addressed, number one is “standing” of the plaintiff(s), as if no one has the right to point out their crimes.

  2. Dawn
    August 20th, 2014 @ 4:14 pm

    Somebody from Senator Jeff Sessions state needs to plead with him for his help in this matter.

    Sessions has the info to fight back.

  3. Shelly
    August 20th, 2014 @ 4:48 pm

    Orly, how are you feeling about the outcome of August 27? Good I hope!

  4. rog
    August 20th, 2014 @ 4:50 pm

    I tried to access the documents but only a few were found and the rest resulted in a 404 File not found error! Is it just me? RDC

  5. rog
    August 20th, 2014 @ 4:54 pm

    Sorry, copy and paste works! RDC

  6. rog
    August 20th, 2014 @ 5:04 pm

    I only quickly reviewed the first 4 which were just copies and paste of the original material just to beef up the response! RDC

  7. King Crimson
    August 20th, 2014 @ 5:16 pm

    Can you have the judge hold them in contempt for not providing you witnesses that you asked for? It doesn’t look like the people you sued are coming to court. Can they be held in contempt?

    You know. I’m watching Fox news right now and they have a civil rights attorney on there answering questions about that shooting in Missouri. I am wondering why you are never asked on these shows because you are a well know constitutional attorney. I never heard of the attorney they have on there now and never even seen her.

  8. JohnWayne
    August 20th, 2014 @ 7:44 pm

    TAKE NO PRISONERS, DO NOT give the defense any slack…….. DO NOT LET THEM DELAY!!!!!!!

  9. JohnWayne
    August 20th, 2014 @ 7:49 pm

    ORLY,
    PLEASE REMEMBER, the judge who was a former marine who said he had the power four years ago, and FLIM FLAMED YOU. TAKE NO PRISONERS !!!!

  10. LazyBones
    August 20th, 2014 @ 8:15 pm

    At least they bothered to respond. I gotta respect Hu for that and also properly referring to them as illegal aliens. Today on TV I heard Obummer referring to terrorists as terrorists! Didn’t Wright say his chickens would come home to roost?

  11. dr_taitz@yahoo.com
    August 20th, 2014 @ 10:18 pm

    all I can do, is hope that the regime will not get to this judge. what else can I do?
    I am doing my best to fight lawlessness and corruption and I’ve been doing this for 6 years now. every day I see more and more dirt and it horrifies me

  12. dr_taitz@yahoo.com
    August 20th, 2014 @ 10:19 pm

    they are not delaying, they will be in court. It is up to the judge

  13. dr_taitz@yahoo.com
    August 20th, 2014 @ 10:22 pm

    I believe Hu responded because he knows that this judge is serious about this issue

  14. dr_taitz@yahoo.com
    August 20th, 2014 @ 10:26 pm

    as they said, always prepare for the worst and hope for the best. I am fighting a huge government machine, they have a lot of power and billions of dollars

  15. dr_taitz@yahoo.com
    August 20th, 2014 @ 10:28 pm

    please, keep calling senator Sessions, Lou Gohmert, Ted Poe and others

  16. Shelley Smith
    August 20th, 2014 @ 11:05 pm

    The know-it-all snobs on the Fogbow are saying that you won’t even speak at this hearing.

    I hope you prove them wrong!

  17. dr_taitz@yahoo.com
    August 20th, 2014 @ 11:46 pm

    he will let me speak, but I do not know what will be his decision. This decision might ultimately affect the electoral maps and elections for years to come, it might help the middle class survive, if the judge will stop the onslaught of cheap labor. a lot is at stake and the judge knows it. I suspect there is an atomic pressure on the judge from the regime

  18. John
    August 21st, 2014 @ 11:30 am

    Here is someone that can help you Orly, please contact him immediately.
    Dennis Micheal Lynch
    To invite DML to visit your group contact Rhonda at: TeamDMLDAILY@gmail.com

    https://tcta.squarespace.com/news/2014/7/27/the-diseases-being-spread.html

  19. John
    August 21st, 2014 @ 11:37 am

    Everyone, You need to watch this,DML Talks Media Bias

    https://www.youtube.com/watch?feature=player_embedded&v=IyXJuRCFfHg

  20. John
    August 21st, 2014 @ 11:39 am

    From Blaze,

    https://www.youtube.com/watch?feature=player_embedded&v=XUYwnV413ag

  21. Jury Foreman
    August 21st, 2014 @ 11:51 am

    Orly, You must start now to get this man Dennis M. Lynch on board with you, his resources alone will be a tremendous help to you and him. If you were a team and went at this as a team you would definitely prevail.

  22. dr_taitz@yahoo.com
    August 21st, 2014 @ 12:25 pm

    who is he?

  23. Henry Tisdale
    August 21st, 2014 @ 12:25 pm

    Wow, Orly, you have 100% of my hope, and remember, things are indeed turning around. Thank God! I know you will give your best – as always, just as you gave us along this long and bumpy road, you did all in your power to “hang tough”, This evil move by Obama, and indeed our congress, may not come out on top, as they did 2 to 6 years ago. For once, I feel you made the breakthrough that all your followers prayed for while they made those phone calls and mailed those written complaints. You are a lady with lots of spunk and knowhow, and we waited very long for your efforts to be heard by the right people. Many thanks, My Captain, My Captain.

  24. Give 'em hell, Orly...
    August 21st, 2014 @ 2:16 pm

    Boy, I think that ICE will be helpful, shouldn’t they?

    Are they not going to allow You, Orly, to have any witnesses?

    Texas Patriots, please help Orly and all concerned in having plenty of supporters down there in Brownsville, to see that all are given protection, including the judge!

  25. Jury Foreman
    August 21st, 2014 @ 3:29 pm

    https://en.wikipedia.org/wiki/Dennis_M._Lynch

    https://www.theycometoamerica.com/news/

    Watch all of the Videos

  26. Jury Foreman
    August 21st, 2014 @ 3:35 pm

    https://en.wikipedia.org/wiki/Dennis_M._Lynch

    https://www.theycometoamerica.com/news/

    Watch all of the Videos

    Orly, The US Government/NSA/CIA/Google has deleted three postings from this page.

    Those postings told you who he was. Mr. Lynch is a threat to them as you are, to contact him,
    To schedule DML to visit your group, contact Rhonda at: TeamDMLDAILY@gmail.com

  27. dr_taitz@yahoo.com
    August 21st, 2014 @ 3:40 pm

    I contacted him, but did not hear back

  28. Starlight
    August 21st, 2014 @ 3:45 pm

    https://www.youtube.com/user/TheyComeToAmerica

    I was curious about who Dennis M. Lynch is, and looked it up.. Wikepedia has more info.. he is a filmmaker, a commentator, has been on Fox News, and is involved in a documentary about D.C.

    I did not read it all, but his birthday is coming up, August 28. It appears he has money and is a patriot.

  29. John
    August 22nd, 2014 @ 5:54 pm

    The proof,
    https://cis.org/ICE-Document-Details-36000-Criminal-Aliens-Release-in-2013

    https://www.thefederalistpapers.org/us/new-map-shows-general-location-zip-code-of-freed-illegal-immigrants-with-homicide-convictions

    In 2013, ICE freed 36,007 convicted criminal aliens from detention who were awaiting the outcome of deportation proceedings, according to a document obtained by the Center for Immigration Studies. This group included aliens convicted of hundreds of violent and serious crimes, including homicide, sexual assault, kidnapping, and aggravated assault. The list of crimes also includes more than 16,000 drunk or drugged driving convictions. The vast majority of these releases from ICE custody were discretionary, not required by law (in fact, in some instances, apparently contrary to law), nor the result of local sanctuary policies.

    The document reveals that the 36,007 convicted criminal aliens freed from ICE custody in many instances had multiple convictions. Among them, the 36,007 had nearly 88,000 convictions, including:

    193 homicide convictions (including one willful killing of a public official with gun)
    426 sexual assault convictions
    303 kidnapping convictions
    1,075 aggravated assault convictions
    1,160 stolen vehicle convictions
    9,187 dangerous drug convictions
    16,070 drunk or drugged driving convictions
    303 flight escape convictions

  30. Jury Foreman
    August 22nd, 2014 @ 9:06 pm

    Dennis Micheal Lynch Testifies in Ohio about Illegals getting drivers licenses.
    May 21, 2013

    https://www.youtube.com/watch?feature=player_embedded&v=Xpi3IxQX6Jk

  31. dr_taitz@yahoo.com
    August 23rd, 2014 @ 5:14 am

    my supporter contacted Zack Taylor

  32. John
    August 23rd, 2014 @ 1:02 pm

    Zack Taylor
    https://www.youtube.com/watch?feature=player_embedded&v=ZnkSXosZhic

  33. John
    August 24th, 2014 @ 6:08 am

    Charlene,
    All I got to say is, if you don’t like it here move to Iraq.

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