Custody status [Patrick Fox; Sean Keenan (Immigration Judge)]
PDFA88 664 592
ELYDC
1705 E. Hanna Rd
Eloy, AZ 85131
Executive Office for Immigration Review
Immigration Court
Eloy, Arizona
In the matter of:
Richard Steven Riess
In Removal Proceedings
On Wednesday, February 6th, 2008 I, Richard Steven Riess, the Respondent, did state that I have put no effort into acquiring a copy of my birth certificate for the purposes of proving my claim to U.S. citizenship. I also did state that I have no intention of putting any effort into acquiring such birth certificate for that purpose. It did escape me to mention at that time that I am already in posession of a copy of my U.S. birth certificate, however, I absolutely refuse to be compelled to prove my innocence against completely unfounded allegations of alienage by the Department of Homeland Security. If the Department meets it's burden of proving alienage I will gladly produce my birth certificate for consideration.
However, the current circumstance are that I am being coerced, or even extorted, into proving my innocence of a crime that has not even been found to have occurred. For, until alienage has been established there can be no crime considered to have been committed. And it is clearly and unquestionably unconstitutional to incarcerate a person for a crime that has not occurred.
To this end I protest that the only legal, constitutional and humane course, at this time, and in light of the Department's admission that no proof of alienage is known to exist as yet, is to suspend the removal proceedings until such time as the Department is able to establish alienage. Or, more directly, to revoke my current bond and grant a release upon my own recognizance, at least until alienage is established.
Richard S. Riess
P.S. I forgot to mention, also, that ICE has yet to obtain a Warrant for Arrest of Alien (Form I-200) for me. The copy I have and the one in my A-File bear no name - for obvious reasons.
A88 664 592
1705 E. Hanna Rd
Eloy, AZ 85131
Dear Sir:
This is my third letter to you on this matter.
On February 6th you'd granted the Department of Homeland Security's request for a continuance which was "for the purpose of establishing my alienage". On that date both you and the counsel for the Department also acknowledged, on the record, the fact that it IS the government's responsibility to prove alienage FIRST and that only after that may the burden of proof shift to the respondent.
Further, Section 287 of the INA quite clearly and specifically grants authority to arrest and detain "aliens". Not "persons" and not "respondents". The use of the term "alien" mandates that alienage be established before the given section can be considered to apply. Therefore, without first establishing alienage with "clear, unequivocal and convincing" evidence the BICE, the DHS and the EOIR very clearly, and unquestionably, have absolutely no authority to arrest or detain me. The request for a continuance on 02/06 is a clear and unquestionable admission that no such evidence has been found to exist.
In addition, Section 240B of the INA states:
"The Attorney General may permit an alien to voluntarily depart the United States at the alien's expense under this subsection, in lieu of being subject to proceedings under section 240 or prior to the completion of such proceedings..."
On 02/06 I had attempted to exercise this option but was denied by the court for the reason that "if you are a citizen you cannot be ordered removed". I believe those were your words. At this time, if I will not be released from custody, I demand to be given the opportunity to "voluntarily depart" as provided for in Section 240B.
Finally, it is clearly outside the jurisdiction of the EOIR court to argue whether a person is, in fact, an alien. The purpose of the court, and of the removal proceeding, is to argue whether the "alien" should be deported or permitted to remain in the United States. The argument of alienage is to be established before the removal proceeding even begins.
It is abundantly clear to myself, my counsel and the members of the media with whom I've spoken, that the BICE, the DHS and the EOIR are simply trying to use coersion to compel me to either
- produce proof of US citizenship - which I cannot, and absolutely will not, be compelled to do; or
- admit to the BICE's allegations - which I will not do because they are completely untrue and unfounded.
It is my opinion and firm belief that this matter has gotten far out of hand and if it is not addressed immediately I shall have no reasonable option other than to pursue legal action and/or appeal to my friends and associates in the media for support and assistance.
Now, to reiterate my previous correspondence on this matter, what I am requesting is to be released from custody until such time as the DHS establishes alienage or until my next hearing date. I believe this request is entirely reasonable as it was the department's responsibility to establish alienage before I was even taken into custody.
I do appreciate your prompt attention to this matter and I look forward to resolving these issues discreetly, expeditiously and with a minimum of external involvement.
Richard S. Riess