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Welcome to the Figueroa's immigration ordeal!!!

Canada has been known for many years for its tradition to offer protection to people who have been forced to seek protection against persecution and danger in their homeland! The Figueroa Family is being affected by the immigration laws that have been adopted, by Section 34.1 of the I.R.P.A. to be specific.

This blog has been created with the objective to become a link among the community who still believe in Canada's Tradition and search for alternatives that would allow to make a difference for the defense of individual rights!

We thank you before hand for your opinion and suggestions so that a solution is found!

In behalf of the Figueroa Family and many others whose rights are being affected ... Thanks for your Support!

We are Jose!

Canadians should no be forced to leave!!

Visit http://www.wearejose.com/

send letters of support to wearejose@gmail.com

"Injustice somewhere is a threat to justice everywhere...!

Martin Luther King Jr.

Facts & Chronology of Events in the Case & Deportation Order

This chronology of events will help you understand how the decision-maker opinion has impacted the life of the Figueroa Family. Most of the events are centered on the principal claimant, Jose Figueroa.
  1. Born in El Salvador, Jose Figueroa comes from a family of 5 sisters and 3 brothers.
  2. On 1985, Jose goes to the University of El Salvador, belongs to the student union of his faculty. During this time, El Salvador was still immersed in the civil war that lasted 12 years.
  3. The student union at the university were generally identified as being sympathizer with FMLN.
  4. 1992: The Peace Agreement between the FMLN and the government were signed in Chapultepec, Mexico.
  5. 1997: Jose Figueroa and wife arrive at the border of Canada and made a refugee claim at CIC Douglas by the end of April 1997.
  6. May 6, 1997: Jose Figueroa and wife, were found eligible to have their refugee claim heard by the Immigration Board, and were allowed into Canada for further investigation.
  7. August 1997: Ivan Figueroa is born        
  8. October 1999 Immigration Board hears the refugee claim.
  9. May 2000: Refugee claim is denied, process of appeals is initiated.
  10. July 2002: An application for H&C, as well as an application for PRRA is filed, Ivan Figueroa is diagnosed with autism.
  11. March 2004 Esmeralda Figueroa is born. May
  12. 2004: The H&C application is approved in principle by a PRAA Officer. The H&C application became the application for permanent residence.
  13. May 2007: Ruby Figueroa is born.
  14. July 2009: Officer Hindson, requests an interview with Jose Figueroa.
  15. December 2009: Jose Figueroa receives a notice to appear for an admissibility hearing, along with the volumes of evidence prepared by the minister of public safety.
  16. January 25, 2010: A pre-hearing conference held before adjudicator Mark Tessler.
  17. April 14 & 19, 2010: admissibility hearings were held presided by Otto Nupponen.
  18. May 5, 2010: Adjudicator from immigration renders decision on the admissibility hearing and issues a deportation order against Jose Figueroa.
  19. May 16, 2010: Case is publicly known pointing out the dichotomy of opinion between the judiciary and the other branches of the Canadian Government.
  20. May 20 2010: Judicial Review application was filed 15 days after the deportation order was issued.
  21. May 31, 2010: Minister had 10 days after the JR had been served, we received notice that the minister is responding to the JR application.
  22. June 21, 2010: We had 30 days after the JR was served to present arguments and have been done.

These are in general terms some of the more relevant events in the process during the 13 years that had taken to for the immigration system to arrive to the conclusion that Jose Figueroa is inadmissible into Canada. 

Some of the most relevant facts about the case are:

  1. The Salvadoran Civil War was one of the most known conflicts in Latin America, mainly due to the impact that the conflict had over the Salvadoran population.
  2. The Salvadoran Society was and in certain way still continue being a polarized society where the options for were limited and basically determined to two options.
  3. El Salvador has been in a process of consolidating the peace that was reach with the signing of Agreement of Chapultepec Mexico and it has lasted over 18 years constituting the most successful agreement that is considered as a model by the United Nations.
  4. FMLN since its inception in 1980 had been recognized a representative belligerent political force as stated in the France-Mexico Declaration of August 28 1981.
  5. Nowadays, no one who is a member of FMLN is committing a crime, since FMLN is a legitimate political party which also is a representative government for El Salvador.
  6. The FMLN government in El Salvador has been recognized by the international community including by the Government of Canada and the USA, with which maintains diplomatic relations.
  7. FMLN is not included in any list of entities in Canada not even on a consolidated list of entities from the United Nations. 
  8. The political and diplomatic ramifications of the decision need to be studied very carefully since finding Jose Figueroa inadmissible on the grounds described by section 34.(1)(f) of the IRPA implies by force finding inadmissible the diplomatic representation of El Salvador in Canada as well as any Salvadoran who now has an affiliation to FMLN.
  9. The deportation order issued against Jose Figueroa can be translated as a deportation order to his family which includes 3 Canadian born children who are citizens of Canada. There rights as Canadians need to be upheld.
  10. CBSA officers has shown lack of knowledge of the Salvadoran reality, just on June of 2009 another CBSA officer had detained a Salvadoran Judge (Eugenio Chicas from FMLN) at an airport in Ottawa for the very same allegations. Canadian authorities sent a note of apology to the Salvadoran government for the incident.
  11. Considering the simile between FMLN in El Salvador and the ANC - Umkhonto We Siswe in South Africa; Nelson Mandela would be inadmissible in Canada for the very same reasons of being a member to the Umkhonto We Siswe; yet he is an Honorary citizen of Canada since November 2001.