No. 18-8823

Omer Al Obaidy v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al.

Lower Court: Eighth Circuit
Docketed: 2019-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 10th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process false-arrest fifth-amendment fourth-amendment immigration immigration-removal self-incrimination sixth-amendment tenth-amendment unlawful-seizure
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FifthAmendment FourthAmendment FirstAmendment CriminalProcedure Punishment Immigration Privacy
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Whether a long-term legal resident with no criminal record who was removed from the U.S. based on falsified records has due process rights

Question Presented (OCR Extract)

Questions presented Petitioner national citizen of Italy admitted and paroled to the United States on VWP on Sept 5“ :2002 after an absents of 19 months of prior residency of fourteen years under F-1 nonimmigrant visa for purpose for negotiating then purchasing Janitorial franchise in Kansas City Area. On April 11, 2003 at 7:30 AM petitioner attended FBI-KCMO interview made by prior arrangement through phone conversation with FBI-KCMO agent [signed his name in (Guest Book)] for normal questioning and background check to fulfill ‘Reasonable Suspicion” while the U.S. Troops in process of liberation of Iraq. The Routine background Check was made to all Arabs and other nationals of Muslims majorities including and not limited to U.S. nationals of Arab or Muslims background either who have been neutralized U.S. Citizens or born U.S. Citizens up to second generation in fear of any sabotage attempt or retaliation against the U.S. Followed by tragedy of Sept 11. After interview done which lasted to 20 Minutes the FBI-KCMO agent released petitioner to ICE-KCMO while in Federal Office of the FBI-KCMO in charges of overstaying his VWP (discovered after fifteen years since removal that overstayed time was 150 days not enough to impose Voluntary Departure and threeyears band of reentry). Petitioner approached by two officers identified themselves as ICE-KCMO officer handcuff petitioner to proceed on removal process where ended on May 1, 2003 by removing petitioner to county of both citizenship and birth. Almost fifteen years after the tragic incidence of removal petitioner and based solely upon his duediligence discovered of records obtained from ICE, USCIS-FOIA, the FBI-UCN 958484AC9 including Booking record of Shawnee County Jail that removal imposed against petitioner made as Criminal Alien regardless of his clear record of any criminal nor misdemeanor act which has been made by falsification of record by fraud and forgery to all legal forms found on petitioner file including issuance of UCN which issued only to most dangers criminal individual made by the FBI-KCMO and fraudulently concealed all evidence related to removal of petitioner. The questions presented,1) dose petitioner who have lived in the U.S. for period of 14 years with proof of education and clear record of any criminal or misdemeanor charges do possess due rights process according to the United Sates Constitution where he has been absent 19 months of the U.S. then for period of fifteen years due to removal band? Or not? 2) In absent of elements of Arrest which depends on ProbableCauses and Exigent Circumstances and after petitioner made the interview with the FBI-KCMO is that violate his rights under the Fourth Amendment which prohibit “Unreasonable Search and Seizure” without clear warrant of Arrest nor reading rights to state where dose the charges rest? In absent of probable causes and : exigent circumstance where arrest discovered to be based upon fraudulently issued UCN as criminal individual not related to VWP overstaying was it attempted Kidnaping? as elements of : Decoy, Inveigle, and unlawful Seizure was very obvious? then transfer pass the interstate to Shawnee County JailTopeka, KS from the FBI office in Missouri as stated under 18 U.S.C. 1201(a), (b) was it kidnapping? : 2 3) While in ICE-KCMO office and signing form G-28 with immigration attorney to serve petitioner he didn’t show up with petitioner. During that time petitioner under fear and as shock forced to sign forms without present of his attorney, discovered some fifteen years after the incidence of removal it was forms signed by petitioner indicting himself as criminal alien is that will be violation of the Fifth Amendment providing to the state via Fourteenth Amendment “Prohibiting selfincrimination of crime ” without proven first by Juries in court of law? 4) The absent of an attorney signed form G-28 while petitioner detained under ICE-KCMO custody violating petitioner rights under the Sixth Amen

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-07-01
Petition for Rehearing filed.
2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-15
Waiver of right of respondent Kevni K. McAleenan, Acting Secretary of Homeland Security, et al. to respond filed.
2018-12-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2019)

Attorneys

Kevni K. McAleenan, Acting Secretary of Homeland Security, et al.
Noel J. FranciscoSolicitor General, Respondent
Omer Al Obaidy
Omer Al Obaidy — Petitioner