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Letter to Assistant Secretary Michael J. Garcia, Bureau of Immigration and Customs Enforcement

Date: Jan. 20, 2004
Issues: Immigration

January 20, 2004

Mr. Michael J. Garcia
Assistant Secretary
Bureau of Immigration and Customs Enforcement
425 I Street, NW, Suite 7100
Washington, DC 20536

Dear Assistant Secretary Garcia:

We write to you on behalf of Mr. Alemseghed Mussie Tesfamical (A79-715-199), who is still being detained at the Wackenhut Detention Facility in Jamaica, New York despite being granted medical parole on October 10, 2003. On that day, Mr. Tesfamical was informed that he would be released in to the custody of Sister Dolores Castellano, a nun who has been regularly visiting Mr. Tesfamical, while his family in the US drove to New York City to take him home with them.

Alemseghed Tesfamical remains in detention to this day where he has been assaulted and subjected to racial epitaphs by fellow inmates. Those who have worked so hard in support of his release and for humane, common sense treatment of his flight from torture and certain death are anguished and perplexed.

An Ethiopian national conscripted into the Eritrean army, Mr. Tesfamical deserted the army and arrived in the United States in May of 2002. His unsuccessful application for asylum based on claims of persecution, torture and certain death upon return to Eritrea was followed by unsuccessful appeals. Intervention by our offices, and so many others including His Eminence Edward Cardinal Egan, Bishop Nicholas Di Marzio and Sister Castellano led to a reversal of his removal and return to Eritrea with the granting of medical parole.

But now, we are informed that because of a new "zero-tolerance" policy against overriding immigration judge's decisions, your office is refusing to approve his release. This confusion and delay, certainly not the fault of Mr. Tesfamical, must be settled in favor of standing by earlier assurances.

This has gone on long enough. We ask for your immediate intervention to assure that Mr. Tesfamical be released from detention as quickly as possible into the arms of family and our communities of faith so eager to embrace and care for him.

Sincerely,

Most Reverend William F. Murphy, S.T.D
Bishop of RockvilleCentre

Charles E. Schumer
United States Senator

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