Statement of Representative Chris Van Hollen on the Introduction of his Private Bill for the Relief of Judith Tanjoh and her Children Serge, Marie...

Statement of Representative Chris Van Hollen on the Introduction of his Private Bill for the Relief of Judith Tanjoh and her children Serge, Marie, Emmanuel and Roger Tikum.

July 20, 2004

Washington, D.C. - Mr. Speaker, today I have introduced a bill for the relief of Judith Tanjoh and her children Serge,
Marie, Emmanuel and Roger Tikum.

This family last entered the United States in 1988 in A-2 diplomatic status from the Republic of Cameroon when the
now deceased husband of Judith Tanjoh was attached to the Cameroon Embassy. For the next several years the family
lived in lawful status in the U.S. through December 31, 1997 when the husband was recalled to the Cameroon because
of Judith's political activities against the Cameroon government.

Cameroon has been found by the U.S. State Department's Country Reports on Human Rights Practices to possess a
"poor human rights record", continuing to commit "numerous serious abuses". After her husband's recall, Judith
decided to file for asylum. However, in turn her application was denied by the INS Asylum Office, the Immigration
Judge, the Board of Immigration Appeals, and the U.S. Court of Appeals for the 4th Circuit.

When the Board of Immigration Appeals "affirmed without opinion" the denial of the asylum application by the
Immigration Judge on December 17, 2002, it also permitted the family to "voluntarily depart the U.S.... within 30 days
from the date of this order or any extension beyond that time as may be granted by the district director [of the INS]".
Within that 30 day period, Judith's attorneys filed for an extension of the voluntary departure period and a Petition for
Review in the U.S. Court of Appeals for the 4th Circuit. Each filing was in accordance with the family's statutory and
regulatory rights.

The INS has never responded to the request for extension of the voluntary departure period. The 4th Circuit issued its
mandate on November 10, 2003 "enforcing the Board's order of December 17, 2002". Of course, part of that order was
permitting the family to voluntarily depart within 30 days.

While these proceedings were pending, INS issued Judith authorization to work and she obtained employment as a
certified nursing assistant. Her employer has sponsored her (and her children derivatively) for lawful permanent
residence via the Labor Certification process. That application, initially filed prior to April 30, 2001, has been certified
by the U.S. Department of Labor and an Immigrant Worker's Visa Classification Petition has been pending with INS
since July, 2003.

An INS General Counsel's Memo advises INS Government Attorneys to no longer apply the "exceptional and
compelling circumstances" standard to motions to reopen for consideration of adjustment of status to lawful permanent
residence for persons who have been in deportation proceedings. The Memo instructs that the INS should join in such
a motion (which otherwise could not be filed if more than 3 months have expired since the decision of the Board of
Immigration Appeals) if the alien is statutorily eligible and warrants a favorable exercise of discretion. Judith's
attorneys have twice requested the INS Chief Counsel's Office in Baltimore to join in such a motion in this case. Since
Judith's labor certification was timely filed to allow her to adjust her status to permanent residence, she is statutorily
eligible.

The family also clearly warrants a favorable exercise of discretion. Judith has been a hard-working, tax-paying
certified nursing assistant for several years as she has worked with INS permission. The children have successfully
progressed through our school system for the last 15 years. Roger Tikum graduated college and is now married,
employed and living in Wisconsin. Although his wife is a U.S. citizen who has filed a Visa Petition to accord him
Immediate Relative status, because he was previously riding on his mother's denied asylum application he faces
deportation. Serge won a football scholarship to the University of Massachusetts at Amherst where he is a starting
linebacker and an excellent student. Marie is doing well at Montgomery Community College. Emmanuel is a star
football player at Bethesda-Chevy Chase High School, where he has also made honor roll.

The Tanjoh/Tikum family are not criminals. They are not terrorists. The children fear being uprooted from their true
home in the U.S. and forced to live in a human rights abusive country which they do not know and whose pre-dominant
language they do not speak.

Yet, the INS Government Attorneys have coldly rejected each overture for clemency. First, by insisting that the harsher
"exceptional and compelling circumstances" standard applies and that these circumstances were neither exceptional nor
compelling. Second, by stating that the family was not statutorily eligible for permanent residence because they

overstayed the Board of Immigration Appeals' December 17, 2002 Order granting a 30 day voluntary departure period
even though the INS has never responded to the extension requests and even though the family timely pursued their
Petition for Review rights to the 4th Circuit which only enforced the Board's Order on November 10, 2003.

Therefore, today I have introduced a Private Bill that will enable Judith Tanjoh and the Tikum children to obtain
permanent residency. I hope my action today will help bring this heartbreaking story to a close.

Thank you, Mr. Speaker.