Gregory Ifesinachi Ezeani v. Laura B. Zuchowski, Director, United States Citizenship and Immigration Services, Vermont Service Center
DueProcess FourthAmendment Immigration
Whether the plaintiff's constitutional rights were violated by the USCIS director's suppression of the plaintiff's appeal application, resulting in his unlawful arrest and detention
QUESTION PRESENTED Briefly, the plaintiff who is a native and citizen of Nigeria arrived in United states from Canada for engineering graduate studies. The plaintiff since his arrival to united states have completed Master of science in industrial engineering at New Mexico state university located in New Mexico state, Master of science in Agile project management at Amberton university located in Texas, Master of science in business analytics at American public university located in west Virginia, Master of business Administration at American public university located in West Virginia. Currently, the plaintiff is working to complete Master of Science in environmental engineering at John Hopkins university located in Maryland and a Doctor of Business Administration in business administration at university of the Cumberland located at Kentucky. The plaintiff work at Essex County college located in New Jersey as adjunct professor starting from 2017 to 2019 before DHS/ICE unlawfully broke into the plaintiff residence with a gun pointing on the plaintiff to surrender his international Nigeria travelling passport. The plaintiff was arrest under gun duress and charged with immigration violation because there is no existing application of file with USCIS or BIA. The plaintiff is a VAWA candidate who filed an appeal application of 1-360 denial application against the decision of USCIS director in Vermont field office in 2018 which was received and processed. The appeal process requires that the plaintiff will submit the EOIR-29 appeal application through USCIS then USCIS office will issue receipt of appeal petition to the plaintiff and forward the completed appeal application of EOIR-29 to BIA (See exhibit 1 showing copy of the plaintiff copy of plaintiff appeal application (EOIR-29} and Exhibit 2 showing the . 2 receipt EOIR-29 issued by USCIS after receiving plaintiff complete application with $110 application fee). The plaintiff was issued a receipt notice of his application in 2018 when all the application process requirement and briefs was completed then the USCIS district director office in Vermont instead forwarding the application as required by law but suppressed the plaintiff appeal application (EOIR-29} from transfer to BIA as required by the statutory law of 8 CFR 1003 .5(b). This is egregious behavior for federal authorities to use position of their office to inflict wickedness on the public. Concisely, On 28 of May 2019 DHS/ICE broke into the plaintiffs residence unlawfully with a gun pointing at the plaintiff and arrested the plaintiff for immigration violation because there is no existing application with USCIS or BIA. The plaintiff was sent to the Essex County correction jail facility where he was detained for about 10 months because the USCIS director in Vermont suppressed the plaintiff appeal application that supposed to / be forward to BIA as required by the immigration law. 8 CFR 1003({b). The plaintiff who has not committed any crime against any state or federal law was sent to prison where he was infected with irreparable diabetes disease that the plaintiff will suffer diabetes pain disease for the rest of his life on earth because the USCIS director office suppression the plaintiff appeal application (EOIR-29) in 2018. The plaintiff was released on March 24*, 2020, at the peak of covid 19 because the plaintiff was vulnerable to covid 19 death and, the government don't want to treat the plaintiff diabetes or be responsible to plaintiff pain and sufferings. The plaintiff came back from jail in March 24th 2020 and start pursuing for the forwarding of . his appeal application (EOIR-29) to BIA. On May 4%, 2022, the plaintiff application appeal (EOIR-29) was forwarded to BIA (See Exhibit 3 showing the day the plaintiff appeal application of 2018 was transferred to BIA in 2022). The plaintiff filed a lawsuit that the 3 defendant action violated his 4 amendment constitutional law by act of suppression which amount to