Page 2July 29 - August 4, 2011 Asian Journal - (619) 474-0588 Visit our website at http://www.asianjournalusa.com
Pres. AquinoDelivers ...
(Continued from page 1)
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(Continued on page 9)
Law Ofces of Chua Tinsay & Vega
by Atty. Dennis Chua
Read Atty. Dennis Chua’s previous articles by visiting
our website at www.asianjournalusa.com
(Continued on page 6)
Challenging Criminal Convic-tion Charges In Deportation
By: Dennis E. Chua, Esq.
Legal permanent residents who
re-enter the United States after a
short trip abroad will be subjectto criminal background checks.
When the immigration inspec-
tor discovers that he has a prior criminal conviction, the legal permanent resident will undergo
further scrutiny by the immigra-tion inspector. If the immigra-
tion inspector determines that
he is removable because of his
conviction(s), his green card will be retained by the immigrationinspector and a Notice to Appear shall be issued to him. A Noticeto Appear is a letter addressed to
the resident informing him thathe needs to appear before an Im-migration Judge so that the Im-
migration Judge can determine
if he should be removed fromthis country because of his prior
criminal convictions.A permanent resident may
have some relief available to
him during removal proceedings.
Depending on the charges led
against him and his immigrationhistory, he may be eligible to
le for a waiver or cancellationof removal asking the Immigra-tion Court to waive his criminal
But before admitting to thecharges of removability led
against him, the permanent
resident should rst challengethe removability charge and as-
sess whether or not his criminalconvictions would make himremovable.
To illustrate, Mario who was
a permanent resident went to the
Philippines for a visit. When hecame back to the United States,
he was questioned regarding his
previous convictions for vandal-ism. Mario admitted to the im-
migration inspector that he was
convicted twice for vandalism.The rst conviction was when hedestroyed the side mirror of hisfriend’s car. The second convic-tion was for smashing the headlight of a car. Mario was issued
a Notice to Appear where thegovernment charged him with
removability for committing twocrimes involving moral turpi-tude. Instead of admitting thecharges of removability, Mario
moved to terminate his casearguing that his convictions were
not crimes involving moral tur-
pitude. The immigration judge
agreed with Mario’s position and
terminated removal proceedings
against him. Mario was able to
get his green card back.
About Atty. Dennis E. Chua
Atty. Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV) - a
full service law rm with ofces
in San Francisco, San Diegoand Manila. The information presented in this article is for general information only and isnot, nor intended to be formal legal advice nor the formationof an attorney-client relation- ship. The CTV attorneys will be holding its regular free legal clinic at the Max’s Restaurant inVallejo, California on August 29,2011. Call or e-mail CTV for anin-person or phone consultationto discuss your particular situ-ation and/or how their servicesmay be retained at (415) 495-8088; (619) 955-6277; Dchua@ctvattys.com
Letters to the Editor
Read previous articles by visiting our website at www.asian-
Dear Fellow Asian Americans,We, Asian Pacic Americans in SanDiego, have been again ignored and dis-criminated by the special interest mem- bers of the Redistricting Commission eventhough we are the rst one to present our case to the Commission with the loudestvoice and have presented over 2,300 peti-tion signatures to the Commission.The Commission is dividing our com-munity into three ( 3 ) separate City Coun-cil Districts. That means it further dilutesour representation, our self determination
and our voting rights in this city we called
home for another 10 years.We are not “SICKMAN OF ASIA” of the 19th Century whom can be bullied atwill. We will stand up for our rights pro-tected by our Constitution or we and our
children will continue to be treated as 2nd
Asian countries are becoming more and
more afuent like Japan in the 60’s andmore jobs are out-sourced to Asia. Do weneed to have another case of brutal murder-ing of Mr. Chen, Guo-Ren before we willact and stop such unfair treatment by theCommission? ( Mr. Chen was murdered
by a Detroit auto worker who blamed the
Japanese for taking their jobs and becauseof Mr. Chen looked like a Japanese.)Please join us at the Asian Pacic Amer-ican Coalition Protest against unfair and biased treatment by the Commission. It is
going to be on Thursday 7/28 at 5:00pm
at Thurgood Marshall Middle School The-ater, 9700 Avenue of Nations in Scripps
Attached are a list of media coverage,mostly have shown their sympathy to API,and comment from one Commissioner with the conscience, Commissioner The-resa Quiroz.
The following are the request from andmy response to John Lamb, reporter fromCity Beat regarding APAC’s response tothe Pre-Map approved by the Commis-
We Are Not The “Sick man Of Asia” Of The 19th Century
Redistricting Open Letter to Asian Americans:
sion which, despite of the original goal tounite communities of interest for minori-ties, actually divides our community of interest from the current 2 city council
districts into 3 districts. I have just made
minor additions for clarication purposesfor those who are not quite familiar withthe redistricting process and the recent de-
On Mon, Jul 25, 2011 at 1:31 PM,<firstname.lastname@example.org>wrote: Hi Dr. Chan,
Hope this nds you well.
First, any news about how Mitz is do-ing? I know surgery was planned for to-day, but not sure what time. Hope she’sdoing OK.Second, just wanted to see what you’re
thinking as you head for the rst post-map
hearing this Tuesday. Are you still hope- ful? There also seems to be this questionabout the 13% deviation that Dave Pot-ter mentioned. Vince Vasquez sent me a spreadsheet that puts the number at 0.85%,a clear difference of opinion. And also,wondering what response you’ve received since APAC Facebook posting about Com-missioner Potters “luxury” comment.My deadline is tomorrow at 10 a.m.Much appreciated! John LambSan Diego CityBeat
Good Morning John. Thanks for your caring. Mitz had under gone surgery yes-
terday around 5:30pm that lasted 5 hours.
She is now in ICU for 24-48 hours. I don’tknow the extent of her disease yet. Be-cause of ghting for Asian representationin San Diego, she had been ignoring seri-
are taking to solve them.This report is merely a glimpse
of our situation. It is not the entire picture of the crises we are facing.The reality was hidden from our
people, who seem to have been
deliberately obfuscated on the realstate of our nation.
In the rst six years of this year,government expenditure exceededour revenues. Our decit further in-creased to PhP196.7 billion. Our col-lection targets, which lack PhP23.8 billion, were not fully met, while
we went beyond our spending by
PhP45.1 billion.Our budget for 2010 is PhP1.54trillion. Of this, only PhP100 billion- or 6.5% of the total budget – can beused for the remaining six months of the current year. Roughly 1% of thetotal budget is left for each of the re-
Where did the funds go?A calamity fund worth PhP2 billionwas reserved in preparation for an-ticipated calamities. Of this already
miniscule amount, at a time when the
rainy season has yet to set in, PhP1.4 billion or 70% was already spent.The entire province of Pampangareceived PhP108 million. Of this,PhP105 million went to only one dis-
trict. On the other hand, the province
of Pangasinan, which was severely af-fected by Typhoon Pepeng, receiveda mere PhP5 million, which had to be used to x damages inicted noteven by Pepeng, but by a previoustyphoon, Cosme.The funds were released on elec-
tion month, which was seven months
after the typhoon. What will hap- pen if a typhoon arrives tomorrow?The fund has been used up to repair damage from typhoons that hit uslast year. Our future will pay for thegreed of yesterday.
This is also what happened to the
funds of the MWSS. Just recently, people lined up for water while theleadership of the MWSS rewardeditself even though the pensions of re-
tired employees remain unpaid.
The entire payroll of the MWSSamounts to 51.4 million pesos an-nually. But this isn’t the full extentof what they receive: they receiveadditional allowances and benets
amounting to 81.1 million pesos. In
short, they receive 211.5 million pe-sos annually. Twenty four percent of this is for normal salaries, and sixtysix percent is added on.
The average worker receives up to
13th month pay plus a cash gift. Inthe MWSS, they receive the equiva-lent of over thirty months pay if you
include all their additional bonusesand allowances.
What we discovered in the case of the salaries of their board of trustees
is even more shocking. Let’s take alook at the allowances they receive:
Attending board of trustees and
board committee meetings, and you
get fourteen thousands pesos. This
totals ninety eight thousand pesos a
month. They also get an annual gro-cery incentive of eighty thousand pe-
And that’s not all. They get a mid-year bonus, productivity bonus, an-niversary bonus, year-end bonus, andnancial assistance. They not only geta Christmas bonus, but an additionalChristmas package as well. Each of
these amounts to eighty thousand
pesos. All in all, each member of the board receives two and a half million