INSTRUCTIONS: Piease read carefully the instructions onthe | FORM APPROVED | CLAIM FOR DAMAGE, INSTRUCTIONS: Fees rend cmekiy te stuctons ont | NO, 1108008 INJURY, OR DEATH ferm Use edddona shests)H necessary, See reverse se for atonal insti Heer reac (Sectoctesonrvos) Nan, Sve. hy Se ea ae Office of the General Counsel, Department of Homeland Security | Lisette Muntsiag Nail Stop 3650 CIO Susan's Place women's shelter Washington, DC 20528 1921 Jerome Avenue * see additional for other officials served with this claim. Bronx, NY 10453 [TYRE GF ENPLOWNENT TOATEGFERTN —[S.WARTACSTATUS | DATE ANDDDAT OF ACCIDENT Tine aM ORR Cmunary élowusn |ogi14/1960 SINGLE, Multiple incidents ___see pages _| Different times, BASIS OF CLAIM Sine deal own oar SicovSlances tuning he Sage ny, or Sah erg Pea ed Dopey Eee Pave emaTenCe wd The cause ara Ur aon! ages tress Claimant, Lisette D. Muntsiag (Ms. Muntsiag) sought refuge in the United States in 1998. She was deprived of a fair chance before the law by the Board of Immigration Appeals in 2002, declared a fugitive from the law by U.S Citizen and Immigration Services after starting her business in 2007. When she reported this matter with Immigration and Customs Enforcement in }2008, she was placed under supervision after her passport was seized, In 2013 Claimant was threatened with deportation and [denied the right to get a new passport and leave the United States, ™* See additional pages. fe PROPERTY OANAGE ARE AND ABORESE GF GUNERLF OTHER THAN CLAN Wb, St, Gy, Sale, and Zi Cole) [BEAL DESCRIBE THE PROPERTY, NATURE INO EXTENT OF THE DAWAGE IND THE LOOATION OF WHERE TE PROPERTY MAY BE RGPEOTED, Soe netuctose on vere tid) he. ‘PERSONAL RJURVINRONGFUL DEATH STATE Toe NATURE AND EXTENT GF EACH NUURY OA CAUSE OF DEATHS WHIGH FORIG THEGASIS FTE OLA, OTHER THAN CLAMAWT STATETHE NINE Jor THe NUURED PERSON OR DECEDENT, The Board of Immigration Appeals forced Claimant into a stigmatized, marginalized position subjected to extremely unusual hardship, which led to the subsequent criminalization and intimidation of Ciaimant by other federal employees). The acts alleged above deprived Claimant of the right to be free from abuse and oppression and to live her lfe withoul unreasonable |governmental interference. "* See additional pages. NAME ADDRES (urbe, Shoe, Cy, Sat, 9329 Code) Charles Schumer, Senator New York 1783 Third Avenue, Suite 2301, New York, New York 10017 Kevin A. Olson, former EOIR, DEP. Director 450 E street, NW Washington DC 20442-0001 Jenny Kolenbrander, Consular Officer 686 3rd Avenue 18th, Floor New York 10017 2 (ee eucons on reve). [AMOUNT OF GLA (sate) Ti PROPERTY DAURGE 25 PERSONAL INNRY [i= WRONGFUL DEAT TRH TOTAL Faiuespecy may eae fees your ah. 0.00 125,500,000 25,600,000 [CERTIFY THAT THE AMOUNT OF GLA COVERS ONLY DAMAGES AWD INJURIES CAUSED BY THE NCIDENT ABOVE AND AGREE TO ACCEPT EAID AMOUNT [FULL SATISUACTION AND FINAL SETTLEMENT OF THs CLAMS, ri Safar ana Heenan oa a OREN PRS Tt SEF SETRTRE i } aw or7 449-545 44 ab 90185) carer renenferns causa Poa exons vga aE ree tic Tp datmatis ai tothe Unies Silos Government ora penaty ofnalees in| Fino. pear or bah (Se 18 VS. 27,1004) $5000 aenet more han $10.00, pus 3 sas na arent camagee eu bythe Goverment (See 8 US.C.372), ‘Autnor2a8 for Local Roproduston TSN 7540-00-624-4085 ‘STANDARD FORM 5 REV, 22007) Provious Eaton's not Usable [PRESCRIEDBY DET OF JUSTICE aioe roche isaINSURANCE COVERAGE. nostra sabogton cans may be adja i atonal athe cra provi nealing nforaien regu he haere ceveage ofthe eid or pope NA 18: o yoo sanyezcicon rawence? 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Copii reguntonsperaming fo came sesaad Une: Pe Fess Tot Cae canbe Tie 2, Cage Facer Reson, Pat any agenses hava sslenedeapsamentng opatans, Harahan Ona senoy © “Tho cim maybe ed by ay auhoread agent one ngl present, pois cisonoe sable ith Covert avsrited win he com esas exoe86 suneriy act fo the dla Acai peteta by agen legal epessev= ‘ste resented in inonars tbe cata. tha cain sgrod by he ager egal presenta mst show te a oes pac cf person elon a bo Scconpariod by odanesofhaharethryeperen scam on tea tte saan Seger, oxi, aris, pret. can or te ererathe {lamar rien to efor bot pera iar and propery camage, he aout fc oc must bo how am rune 2 of fe Tm, Complete ail Rems - Insert the word NONE whe wstrucnons. Caims presented under the Federal Tort Claims Act should be submitted directly to the “appropriate Federal agency" whos ‘employeo(s) wes involved in the incident. Ifthe incident involves more than one claimant, each claimant should submit a separate spplicable ‘DAMAGES IA SUM CERTAIN FOR BURY TO OR LOSS OF PROPERTY, PEROONAL 'RUURY, OF DEATH ALLEGED To HAVE OCCURRED a¥ REASON OF THE NCDENT. "TE CLAM MUgT Be PRESENTED TO THe NPPROPRIATE FEDETAL AGENCY Ws ‘TNO VEARS AFTER THe CLAN ACCRUES, Tho aunt ne seul te suztntsed by compat viene salons: (a) insur of te ch or prsoal iy reat, onan shi svar & ‘rn repo byte arcing pyscan sheng te na a srt fo, the ure at eta eso te cree zeae Seely, ar, prod, ‘the pod of osptzaton, ot hsapacatensscig ered bso mee, espa bul enpenaes sty cured (0) supper af cain damage te propery, whichhae bat ean ecororisay Fepare he cman! eu unm ot ato tomced ged saeners cr eninaos Djrelvie, dieresedconcems c.f payneat hes bash Pde, emzed Stee rosin aidenig payer (6) insuppor of ein x daage to rpery whist eanariaty rae, et {ho opany aso sesoyed be eamant shou unl stress ete ora ‘st ihe frpert te data of parcoas, ate veh propery, ah bos an frie accent. 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Sana commer rgarng le uocan etre any ane Sopect is elon of evaematn adn saggonoe fo reaucrg hs tude. ee Desa Tos ‘rand Aeton: Paper Reaicon Sal, CM Dive, U.S. Deprinet of Jose, ashen De 205i0 wo ie Ot ot Warapemoi ama Bude. Del al espitod farm) othassodronee. “STANDARD FORM 86 Rev. (ato7| BACKClaim for Damage, Injury, or Death—Standard Form 95 Supplemental Answers: 1, Submit to the appropriate federal agency: Office of the General Counsel Department of Homeland Security Mail Stop 3650 Washington, DC 20528 Office of the Principal Legal Advisor ‘Immigration and Customs Enforcement USS. Department of Homeland Security 500 12th Street SW Washington, DC 20024 Immigration and Customs Enforcement Office of the Chief Counsel P.O. Box 3507 New York, NY, 10008-3507 U.S. Citizenship and Immigration Services U.S. Department of Homeland Security Office of the Chief Counsel 20 Massachusetts Ave, N.W., Room 4210 Washington, DC 20529-2120 U.S Attorney General U.S Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 United States Department of Justice Executive Office for Immigration Review Office of the Chief Clerk Board of Immigration Appeals 5201 Leesburg Pike, Suite 2000 Falls Church, VA 22041 Torts Branch, Civil Division USS. Department of Justice 1331 Pennsylvania Ave, N.W. National Place Building Suite 800 North Washington, DC 20004U.S. Attomey’s Office Southern District of New York 86 Chambers Street, 3 floor ‘New York, New York 10007 Dr. B. Lemer Attn: Belkis Jacobs Bellevue Hospital Center Room: 219 C First Avenue & 27 Street New York, NY 10016 6. Dates of Incidents: 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 8. BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary), ‘To break the vicious cycle of abuse, oppression and deprivation of the Netherlands, I Lisette Muntslag, a mother of one fled to the United States, without my daughter in the hope that I would be able to maintain my life as an individual, self-sufficient human being in freedom, self-respect, dignity and health. I, affirmatively applied for political asylum in 2000, I went through the process in immigration court with counsel but asylum was not granted. After this denial, I filed the notice of eppeal with the Board of Immigration Appeals. When the BellevueHospital “Survivors of Torture” immigration program declined to offer me the legal assistance, Dr. Kate Porterfield, highly recommended Robert Vitaglione of Brooklyn. I my desperation, I trusted the words of Kate Porterfield and went to Robert Vitaglione’s organization in Brooklyn. 1 was asked to return with my court transcript, On March 20, 2002, Robert Vitaglione simply took my court transcript and said that 1 would be contacted if they were able to assist me with my case. I was never contacted by anyone, never discussed my case with anyone at Robert Vitaglione’s organization, and never authorized him to act on my behalf. As the matter pertained to my life and well-being, I was competent enough to advocate on my own behalf, I informed the Board of Immigration Appeals that J would represent myself in the matter. As the Respondent I requested some extensions to file my legal brief and supporting documentation. The Board of Immigration Appeals granted Respondent Lisette D, Muntslag, Alien Number: 478-710-632, some of the requested extensions. On June 26, 2002, I filed my legal brief, supporting documentation and a motion to accept late filed brief. These documents were accepted by the Board of Immigration Appeals in Falls Church Virginia and the District Counsel in New York. October 30, 2002: On October 30, 2002, Congressman Engel’s office informed me that I would be deported, This news of deportation was a total surprise because I had not received any notification from the Board of Immigration Appeals and assumed that my appeal for asylum was still pending. January 29, 2003: January 29, 2003 I received a copy of a fax that was send to Congressman Eliot Engels office, stating that the Board of Immigration Appeals affirmed the Immigration Judge's decision in my case on November, 14, 2002. With this information I contacted the Board to inquire why she was not notified of their decision, The Board informed me that the decision was send to my lawyer in Brooklyn. To my knowledge I did not have a lawyer in Brooklyn and had not authorized anyone to act on my behalf in these proceedings. February 5, 2003: On February 5, I requested a copy of the decision from the Board of Immigration Appeals in writing. March 24, 2003: On March 24, I called the Board again regarding my waitten request for a copy of the November 14, 2002 decision, which the Board received and signed for on February 10, 2003. During my conversation with the Clerk of the Board I was informed that, “I don’t know what she did with your letter.”June 4, 2003. Afier discussing this matter with some friends I requested assistance from Senator ‘Schumer’s office June 4, 2003, August 200 In August 2003, I discussed my predicament with Yonkers City Council member Chuck Lesnick, who was campaigning for Mayor. He offered to contact Senator Schumer’s office on my behalf October 2003: In October 2003, I received the letter that was send to Senator Schumer’s office on my behalf but it came without the copy of the November, 14, 2002 decision which was enclosed. 2004 In 2004 my friend Bob Walters of Yonkers scheduled an appointment with Congresswoman Nita Lowey’s office because he was convinced that she would offer me the assistance that I needed. Bob Walters accompanied me to Nita Lowey’s office in White Plains. Instead of assistance in getting a copy of the November 14, 2002 from the Board of Immigration Appeals, I was verbally assaulted by one of Nita Lowey’s employees and told that the United States did not grant asylum to people from the Netherlands. August 2005: In August 2005, I finally had the courage to take charge of this incomprehensible situation that tremendously affected mental health. When I send a letter to Deputy Director of the Executive Office for Immigration Review Kevin A. Ohison, requesting a copy of the November 2002 decision, I promptly received this information, This November 14, 2002 decision listed on behalf of Respondent: Vitaglione, Rev. Robert. 2006 I went to Robert Vitaglione to get an explanation, He didn’t have a clear explanation about my case but said that he would mail me the documents. When I received the documents, I was dumbfounded. Attached to the four page legal brief Robert Vitaglione prepared in my name and submitted to the Board of Immigration Appeals and other immigration authorities in New ‘York, were documents that [ personally submitted to the Board, Robert Vitaglione hed also listed ‘me as a detainee in the Fishkill, New York, while I was never detained, With these papers I consulted immigration lawyer Charles “Chuck” Printz. During the one on one consultation Chuck Printz suggested that I first initiate a FOIA request to find out what had happened to my case, This Freedom of Information Act should have been filed with the Board of ImmigrationAppeals as I requested, but it was instead it was negligently filed with USCIS. After this lawyer took my money, he boldly stated that I didn’t have a winning case. April 2007: registered my business LENI Enterprises Inc. with the state of New York to created my own employment and earn a living, because I was denied work authorization three times. May 31, 2007: A May, 31, 2007 USCIS letter informed me that my FOIA request was denied because 1 was considered a fugitive from the law and evading sentencing August 22, 2007: ‘When I filed a formal complaint against Robert Vitaglione with the Board of Immigration Appeals, counsel for the Board concluded thet there was no violation. March 2008; Under enormous duress I went to the immigration authorities at 26 Federal Plaza in New ‘York City to get some answers, why I was declared a fugitive from the law without me having committed a crime. 1 was given the runaround because nobody knew what to do when they read the letter, I ended up and Customs and Immigration Enforcement (ICE) on the 9" floor. The two agents which I encountered seized my passport and gave me a copy. I explained to the agents that something unfair had happened with my asylum case at the Board of Immigration Appeal, When the agents asked me if Robert Vitaglione was involved, I said yes, The ICE agents seized my passport and placed me under supervision. May 16, 2008: | petitioned the Second Circuit Court Pro Se Docket Number: 08-244 1-ag to look into this matter of perilous unfaimess. I did consult some attomeys but I did not have the $7.500- $10.000 to retain any of them to represent me in the matter. August 200 In August 2008, I received the work authorization card and social security number, I filed personal tax returns for my earnings ftom cleaning apartments. I expected that I would be able to solve this immigration debacle and move on with my life October 2008: At the end of October 2008, I became entangled in fraudulent activities with my bank accounts at Washington Mutual bank. This bank enabled third parties they did business with, to access and debit my business accounts for services not rendered. The bank reported me as untrustworthy with ChexSystems and froze my credit to cover up their criminal activitiJamuary 2009: In January 2009, | filed a case against Washington Mutual/Chase bank in Yonkers City Court. This matter was also reported with the New York State Attorney General Andrew Cuomo and other authorities, such as the comptroller of the currency. June 18, 2009: On June 18, 2009 the Second Cireuit Court dismissed my May 2008 petition. At this point I was drained by the constant psychological onslaught which I had not anticipated happening to me in the United States. November 2009: Lended up being evicted from my apartment Because of my continued hardship I ended up being evicted from my apartment in Yonkers. December 2009: My daughter paid the legal fees for a lawyer in White Plains to resolve the matter of Washington Mutual that affected my life. Instead of operating in my interest this lawyer took my money and engaged in the cover of the criminal activities of Chase/Washingion Mutual bank. February 2010: In February 2010, I was able to break the vicious cycle of continues hardship with the help of my daughter. I moved to Poughkeepsie, New York. My business became active and anticipated that I would be able to live in peace and carn a living. December 1, 2010: On December 1, 2010, however, the Internal Revenue Service filed a tax lien against my person, and claimed they had the right to do so “just in case I was going to sell”, effectively peralyzing my fumetion and the operation of my business. September 2012: In September 2012, | filed a complaint with the Southern District Court under the Alien Tort Claims Act (ACTA) against the defendants in the Netherlands break the vicious eyele of continued hardship and psychological battery that I was subjected to in New York ‘November 26, 2012: ‘On November 26, 2012, Judge Cathy Seibel of the Southern District Court in White Plains dismissed my complaint against defendants in the Netherlands as “frivolous”, at the request of the Kingdom of the Netherlands Ambassador to the United States, Rudolf Bekink and Boies, Schiller and Flexner LLP, attorney Olav Hazen, I appealed her ruling to the Second Circuit Court of Appeals, Pro SeApril 17, 2013; On April 17, 2013 Officer Bratton threatens me with deportation at 26, Federal Plaza in ‘New York City, “I don’t know who you previously had, but I am now in charge of your ease and I will ‘effect’ your deportation because you are not supposed to be in this country.” Instead of deportation I was scheduled to report again in November 2013 and was to appear with Court papers. I was still fighting to hold on to my business and my apartment and applied for a small business loan, Because of the derogatory information the Internal Revenue Service attached to my name I was denied credit. The IRS removed the derogatory information from my credit, report with the three major credit reporting agencies but the damage I incurred could not be undone, May 2013: In May 2013 I was accepted into the Dutchess Community college Visual Arts Program, Because I was eligible as a taxpayer, | applied for financial aid. June 25, 2013: On June 25, 2013 the Second Circuit Court of Appeals dismissed my appeal in the civil case against defendants in the Netherlands, whose abuse, oppression, deprivation, including threats to life forced me to seek refuge in the United States. July 2013) In July 2013, I was forced to close my desigh studio/art gallery located at 17 South Hamilton Street in Poughkeepsie, New York, September 2013: On September 13, 2013 I went to the Dutch consulate to apply for a new passport, Approximately a week after I received a phone call from Jenny Kolenbrander, Consular officer that officer Bratton informed her that I was supposed to sign an order of deportation if | wanted to leave the United States. Qetober 201: In October I complied with the Court order of eviction from my apartment at 19 South Hamilton Street in Poughkeepsic, New York. At the end of October 2013, all my belongings were picked up by Swift International Logistics, a shipping company in West Orange New Jersey, anticipating that I would receive my passport to leave the United States. November 6, 2013: On November 6, 2013, I went to the scheduled ICE appointment with Martin Wiley who offered me a place to stay after I vacated my apartment in Poughkeepsie, NY. I brought the courtpapers of my civil case against dependents in the Netherlands that was still pending. Officer Bratton was again belligerent and wanted me to sign some papers which I refused to do. I went to the Second Circuit Court and I was told to get the order of deportation from officer Bratton, ‘When I returned to 26 Federal Plaza and requested the order of deportation, agent Bratton engaged in great double speak and could not produce the order of deportation which he claimed to have against me December 5, 201. December 5, 2013 I was supposed to appear with attorney, because of my hardship | could not hire counsel, I filed a complaint with the Southern District Court, to compel ICE to release my passport which was seized in 2008. Officer Bratton said that “If you keep pushing things I will put you in detention.” I gave officer Bratton a copy that I filed a complaint with the Souther District Court to bring an end to this injustice and violence against my person. The unconscionable and capricious conduct of ICE agent Bratton derailed my plans to move to Belgium, be with my daughter, pick up the pieces of my shattered life and move on. January 28, 2014: On January 28, 2014 the Souther District Court dismissed my complaint 13-CV-8694 (LAP) as “frivolous.” February 25, 2014: In February 25, 2014, I was admitted to Bellevue Hospital for observation caused by the continuous intentional infliction of emotional distress which exacerbated my PTSD. On March 18, 2014: On March 18, 2014 I ended up in the Franklin women’s shelter in the Bronx, April 22. 2014: On April 22, 2014 I was transferred to another homeless shelter for women called Susan’s Place, on 1921, Jerome Avenue, Bronx New York, 10453, June 4, 2014: On June 4, 2014 I was surrounded by a throng of officer Bratton colleague’s as he demended my passport which I didn’t have. Officer Bratton preceded to accuse me of not being in compliance with the order of supervision and said that I was not allowed to work. He asked me how I was supporting myself, I informed him that he didn’t have to worry about me working, because I was already living in homeless shelter. I provided him the address and name and phone number of my case manager Ken Brown, He also attempted to intimidate me by saying that my case was not against ICE but against USCIS. My next report date was December 3, 2014.Sune 11, 2014: ‘On June 11, 2014 the Second Circuit court dismissed my appeal $.D.N.Y-N.Y.C 13-cv- 8694 to have Immigration and Customs Enforcement release my passport, June 17, 2014: fier I signed a waiver, Ken Brown, my case manager at Susan's Place, was able to make inquiries about my passport. Ken Brown communicated with Immigration and Customs agent Bratton, who denied that ICE had seized my passport. Ken Brown also communicated with Jenny Kolenbrander at the Dutch consulate in New York City, who provided him information in vriting that Immigration and Customs Enforcement had my passport and that their regulations prevented the consulate from giving me a new passport. December 3, 2014: On December 3, 2014, I reported with Immigration and Customs Enforcement and to my sunprise I had another officer. When I tried to ask him about my passport, he mentioned that he hed read the comments and that it was no problem if I didn't have my passport, “stay out of trouble, and report again in June 2015.” This officer was non-combative and very amicable which confirmed that there was much more to the story of officer Bratton and officer Reyes who were in charge to coerce me into signing an order of deportation if I wanted to leave the United States January 26, 2015 On January 26, I took drastic measures to break the unconscionable cycle of oppression in the United States, As a Dutch citizen who fled the oppression of the Netherlands, the Dutch consulate held onto the information of officer Bratton and Reyes that they could not issue me a passport without the permission Immigration and Customs Enforcement. At that very moment, I personally called the number on my order of supervision and reached the ICE deportation unit. The officer who picked up the phone, informed me that the Dutch consulate ‘did not? need permission from Immigration and Customs Enforcement to issue me new passport, The officer gave me her name and she communicated with Ron Schenkius officer at the Dutch Consulate on how to proceed. Mr. Schenkius took all my information because they had to communicate back and forth with ICE and the Netherlands in order to get the matter resolved. A week later I received a call from Jenny Kolenbrander that I could come and apply for my passport.March, 12, 2015 On March 12, 2015 I received my passport, but I am still trapped in New York living ina stressful and unhealthy homeless shelter environment and subsisting on $45 a month, From 2010 unti] April 2013 my daughter subsidized the U.S economy by taking care of me financially because I was intentionally being deprived of the right to take care of myself and be a self- sufficient individual human being. I was ordered to pay taxes to the Internal Revenue Service without getting the benefits of a taxpayer. 10. Personal injury/Wrongful Death State nature and extent of each injury or cause of death, which forms the basis claim, If other than claimant, state name of person injured or decedent, Instead of freedom I suffered continued cruel, inbumane and degrading treatment, economic deprivation and mental torture, From January 2001 until the summer of 2005, I received psychological counseling from two therapist at the Center for Psychological Services, at Columbia University Teachers College. I am currently receiving counseling from Claire Reeve, Supervisor at the Bellevue Hospital Mental Health Clinic in New York City to come to terms with this cruclty in the civilized Western world. The reckless and arbitrary actions the BIA, USCIS, and ICE have taken against me as an individual constitute the torts of intentional infliction of emotional distress, abuse of process, negligence, and any other torts against my person attributable to the agencies and their officers, Altached Documents: 1. 2003 Copy fax to Eliot Engel 2. 2003 Kevin A, Oblson letter to Senator Schumer 3. 2005 Kevin A. Ohlson letter to Claimant & copy November 2002, BIA decision 4. 2007 USCIS fugitive from the law letter 5, 2007 BIA counsel letter 6. ICE order of supervision & copy of seized passport 7. 2009 Second Circuit Court dismissal of case 08-2441-ag 8. Internal Revenue Service letters 9, June 2014 Second Circuit Court dismissal of complaint 13-cv-8694 10, Dutch Consulate/Kenneth Brown communication 10Congressional Unit GIVETHIS YOUR IMMEDIATE ATTENTION!!! File No: 78710632 Date =: 10/1/2002 cts1 : 03-0056 In Re: MUNTSLAG, LISETTE Information requested by: ENGEL, ELIOT (1 Atomey —[ j Congressional [] Consulate 1 1 Other Inquiry: {] Telephone {| By Letter [] Appeared in person To: LIT Information requested: FOR REV EW AND RESPONSE, DUE BY 19/91/2002 Please advised on status on appeal case . date of appeal 11/05/2001. Information furnished: ‘Areview of our records indicates thal the Immigration Judge ordered Ms. Muntsieg removed and deported ftom the United Stites. The Board of Immigration Appeals affirmed! the decision of the Immigration Judge ‘on November 14, 2002, 7 ol bd8 Aoproved by; ————_____. i play) (Sigur of Sep) Location: z008 *SKISQ/TVKOTSSEHDNOO e022 Foz 212 Wa To:80 EME, co/tz/T0U.S. Department of Justice Executive Office for Immigration Review Office of the Director Deputy Director S107 Leesburg Pte, Suite 2600 Falls Church, Virgina 22041 VOL 22 2003 The Honorable Charles Schumer 757 Third Avenue, Room 1702 New York, New York 10017 Re: Lisette Dolfine Muntslag, A78 710 632 Dear Senator Shumer: unis is in response to an inguiry from your office concerning the above referenced matter. Ms. Muntslag has asked for your assistance in resolving her immigration status difficultice, Your letter has been forwarded to my attention for reply. Qur records show that Ms. Muntslag was issued an I-863, Notice of Referral to Imnigration Judge, and placed into removal proceedings ga January 8, 2001. On October 17, 2001, the Inmigration Judge denica Meweiuntslag’s request for asylum in the United States. Ms. Muntslag appealed the Immigration Judge’s decision to the Board of Immigration Appeals (BIA) on November '5, 2001. On Noverber 14, 2002, the SIA summarily affirmed the Immigration Judge’s decision. A copy of that gecision is enclosed for Ms. Muntslag’s information and convenience, here is currently nothing pertaining to Ms. Muntslag pending at the Executive Office for Immigration Review (BOIR)- The EOIR, of which the Immigration Court and the BIA are a part, is an adjudicative body and cannot give legal assistance or advice to private individuals. Therefore, we are unable to review the documents that were enclosed with your letter or offer Ms. Munstlag any.legal help. An experienced immigration attorney will be Ms. MMunstiag’s best resource for assistance in determining what legal options remain’ open to her. To this end, we are enclosing a List of Free Legal Service Providers from which Ms. Munstlag may decide to seek legal counsel. He hope that the information we have provided will be of assistance to you, Sincerely, Acting Deputy Director EnclosuresU.S. Department of Justice Executive Office for Immigration Review Office of Management Programs ‘ile oF Ledilatve ond Public Afais ‘S107 Leesburg Pie, Se 2058 Falls Cave, Virginia 22041 September 1, 2005 M6. Lisette D. Muntslag 10 Haleyon Place Yonkers, New York 10701 Dear Ms. Muntslag: This is in response to your letter to Kevin A. Ohlson, Deputy Director, Executive Office for Immigration Review, advising that you did not receive a copy of the decision from the Board of Immigration Appeals. Your letter has been referred to my attention for a response. As requested, a copy of the decision in your case is enclosed. We hope that you find this information useful Sincerely, Larry Levi Counsel for Legislative and Public Affairs EnclosureU.S. Department of Justice Decision of the Beard of Immigration Appeals Executive Office for immigration Review Palls Church, Virginia 22041 File: A78-710-632- New York Date: Ine: MUNTSLAG, LISETTE DOLFINE NOV 1 4 2002 IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: Vitaglione, Rev, Robert ORDER: PER CURIAM. The Board affirms, without opinion, the results of the decision below. The decision below is, therefore, the final agency determination, See 8 CER. $3.14). EPSouth Burlington, YT 054us a8 May 31, 2007 BUR2006000397 Lisette D. Muntslag 117 Stanley Avenue, Apt, 2C Yonkers, NY 10705 Dear Lisette D. Muntslag: ‘We received your request for information maintained within your file inthis office on Date. You" ve js being handled under the provisions ofthe Freedom of Information Act (FOIA), 5USC.§ S". "he been assigned case number BUR2006000397. could be of assistance in secking to evade capture or avoid detection. Please see previous lega! m= egnceming fugitives, their agents and FOIA: Maydak v. United States, No. 02-5168, slip op, © Gi Dec. 11, 2003); Maydak v. United States, No. 04-4436, 150 Fed. App. 136 (3% Ciz. Aug. #2 ‘Meddal y. Reno, No. 98-1444, slip op. at2 (ED. PA. Dev. 3, 1998); and Dayle . United States Dep Justice, 668 F.24 1365, 1365-66 (D.C. Cir. 1981). 5}. tof ‘The USCIS FOIA office declines to process your request until such time as you are no longer considered 2 fugitive. If you surrender yourself at the nearest U.S. Immigration and Customs Enforcemens cv? you may notify this office and we will at that time consider your FOIA request for processing, T. Diane Cejka DirectorAugust 22, 2007 LENI Enterprises, Inc. 117 Stanley Avenue, Apt. 2C Yonkers, NY 10705 Re: Vitaglione 2007-201 Dear Ms. Munisiag: ‘This office is in receipt of a disciplinary complaint that you filed against accredited representative Rev. Robert Vitaglione, relating tohis representation in your immigration case (A78-710-632). Atthis stage, thematteris confidential under the Rules and Procedures of Professional Conduct for Practitioners (“Rules”) 8 CER. § 103.108, except for ‘necessary disclosures in the course of our investigation. {nsum, youstate thatafter the Immigration Judge denied your asylum application, you were referred toRev. Vitaglione by the Bellevue Hospital Survivors of Torture Clinic. You consulted with Rev. Vitaglione ‘on March 15, 2002, and provided him witha ‘copy of the court transcript in your case. You state that you were ‘told you would be contacted if he was able to assist ‘you. When you had not heard from Rev. Vitaglione by April, you say that you notified the Board of Immigration Appeals (“Board”) that you would be representing yourself. You thus filed a brief with the Board. ‘You state that on October 30, 2002, you were informed by an assistant inthe office of Rep. Elliott Engel that you “would be deported.” If your dates are correct. you were told this 15 days before the Board had issued a decision on your appeal. ‘You state that on January 29, 2003 you received a copy of the Board's decision after it was faxed to Rep. Engel’s office. After subsequent inquiries, you learned that the original decision, which was issued on November 14, 2002, had been mailed to Rev. Vitaglione, who was listed as your representative. You eventually learned that Rev. Vitaglione had filed a notice of appearance and a brief on appeal with the Board in April 2002 without your knowledge. You state that on February 5, 2003, you requested from the Board another copy of the November 14,2002 decision (which you had already received through Congressman Engel a week earlier). Youncver received the second copy of the Board's decision. Two and a half years later, in August 2005, you wrote to the Deputy Director of the Executive Office for Immigration Review to request a copy of the Board’sdecision, which was promptly mailed to you.‘Overa year after receiving this second copy of the decision, you visited Rev. Vitaglione to inquire as to who had authorized him to file the notice of appearance and brief four and a half years earlier. You requested him to send you documentation from his file, which you received on September 30, 2006. Bight months later, you filed a complaint against Rev. Vitaglione with this office. Please be advised that the jurisdiction of this office is narrowly limited to the disciplinary grounds found in 8C-F.R. §1003.102. The burden of proof in such cases is “clear and convincing evidence”, which is a higher standard then that employed in civil cases. Inthe present case, after careful consideration of the facts you presented, we do not find clear and convincingevidence ofa violation of oneor more of the Rulesby Rev. Vitaglione. The facts that you present are not covered by any of the Rules. ‘Weare therefore closing our preliminary inquiry into this matter. Youmay provide us with any future decision that may allow us toreactivate our inquiry. We trust that this letter will assist you tounderstandthe basis of our decision. We thank you for bringing your concems to our attention. Sincerely, i C yee Jennifer J. Barnes Bar Counsel5S. Department of Justice ‘iumigration and Customs Enforcement i TTON J+ BRATTON (ene) Order of Supervisic File No: A078 710.632. Date: March 3, 2008 ‘Name: MUNTSLAG, Lisette Dolfine ‘On November 14, 2002, you were ordered: ate of fino [ X] Excluded or deported pursuant to proceedings co 1, 1997. [ ] Removed pursuant to proceedings commenced on or after April 1, 1997, ‘Because the Immigration and Customs Enforcement (ICE) has not effected your deportation or removal during the period prescribed by lew, it is ordered that you be placed under supervision and permitted to be at large under the following conditions: F [X] That you appear in person atthe time ard place specified, upon each and every request of ICE, for identification and for deportation or removal. (X] That upon request of ICE, you appear for medical or psychiatric examination at the expense of the United States Goverment. [X] That you provide information under oath about your nationality, circumstances, habits, associations, and activities and such other information as ICE considers appropriate. [X] That you do not travel outside. New York City for more than 48 hours without first (Goel grossa tn a) hnaving notified this ICE office of the dates and places of such proposed travel. EX] That you furnish written notice to this ICE office of any change of residence or employment within 48 hours of such change. EX] That you report in peroon on the 8" of April 2008 at 09:00 A.M. to this ICE office at: rl Plaza, New 0278 unless you ‘are granted written permission to report on another date, (X] That you assist the Immigration and Customs Enforcement in obtaining any necessary travel dooumenss. [1] Other: [X]__ See attached sheet containing other specified conditions (Coun on spectre ies) Grp, Pocrlan f er Shanahan, Field Office Dir (int nme and tile of ICE oficial) Alien's Acknowledgment of Conditions of Release under an Order of Supervision Thereby acknowledge that I have (read) (had interpreted and explained to me in the Spanish language) the contents of this order, a copy of which has bean given to me. I understand that failyre gp comply ity the terms of this order may subject me to a fine, getention, or prosecution. ett oe (Signature of ICE official serving order) '°Y Gignanure of alien) ‘Date Foon 42208 mmm 22ee Eepelelad ON! PASSPORT PASSEPORT = i” bPheed P Sent: Friday, June 20, 2014 8:56 AM To: Kenneth Brown Subject: RE: Lisette Muntslag Hello Mr. Brown, | will get back to you on that, However, itis, orwas, the way {told you in my previous Email | will contact ICE again myself and follow up. Regards, Jenny Kolenbrander From: Kenneth Brown [mailto:kbrown@cfhnyc.org) Sent: donderdag 19 juni 2014 17:52 To: Kolenbrander, Jenny Ce: Kenneth Brown ‘Subject: RE: Lisette Muntslag ‘Thank you Ms. Kolenbrander, | spoke with Mr. Bratton and he sald that ICE does not have her passport. Would It be possible to find out where her passport is? tHe did say that there is an order of deportation against her. However, it is my recollection that as per the court information that Ms. Muntslag has, there is no order of deportation. Can your office confirm any actions against Ms. Muntsieg? \ appreciate your help. Sincerely, Ken Brown From: Kolenbrander, Jenny [mailto:fenny.kolenbrander@minbuza.nl) Sent: Thursday, June 19, 2014 8:33 AM To: Kenneth Brown Subject: RE: Lisette Muntsiag Dear Mr. Brown, Mrs. Muntslag has been fighting her deportation for @ long time now. She is a Dutch citizen indeed. ‘When ICE is holding a passport, we are not allowed to ignore that and issue passport anyway, unless ICE returns the passport to the applicant. Otherwise they request a travel document for deportation but the person would need to sign a deportation order first. | understood after talking top Mrs. Muntslag that she does not want to return to The Netherlands but she can’t tell where she wants to go instead. As long as she is fighting her case she has to report with ICE on a regular basis. Her next appointment was not until December but they are trying to see her earlier IF she is willing to sign that deportation order. The ICE officer should contact you and may have more information for you. Officer Reyes 212-264-8167 or Officer Bratton 212 264 4189. 1Regards, Jenny Kolenbrander Consular Officer Consulate General of the Netherlands 666 Third Avenue 18th fioor New York, NY 10017 Tel: 646 557 2246 Email: lenny kolenbrander@minbuza.n| ingle she Srna From: Kenneth Brown [mailto:kbrown@cfhnyc.ora| Sent: dinsdag 17 juni 2014 15:47 To: Kolenbrander, Jenny Subj Lisette Muntsiag Hello Ms. Kolenbrander, “Thank you for responding to my query. Ms, Muntslag is adamant that she will not sign a deportation order. She said that this has been presented to her before and she refused to sign one and she would do so again if this was presented, Do you know why ICE had selzed her passport initially? It seems to me that her VISA is valid through October. Do know why this was seized? She has told me that another passport cannot be issued to her because ICE would likewise seize this also. is this correct? Ms, Muntslag was born in Surinam prior to independence. {s she therefore a Dutch citizen? | appreciate your help on her bebalf. Sincerely, Ken Brown From: Kolenbrander, Jenny [mailto:ienny.kolenbrander@minbuza.al] Sent: Tuesday, June 17, 2014 10:32 AM To: Kenneth Brown Subject: Lisette Muntsiag Dear Mr. Brown, Our involvernent with Ms. Muntsiag is that she came to our office for a passport. ‘We can’t issue one without the permission from ICE since they are holding her current passport. Her case has been going on for a Long time. J just got off the phone with ICE, they are going to contact you this week, to see if Ms. Muntslag can come see them sooner than her appointment to report in December.She will probably get an emergency passport after she signs a deportation order. If she wants to. She has been refusing to sign. Sincerely, Jenny Kolenbrander Consulair medewerkster Consulate General of the Netherlands 866 Third Avenue 18th floor New York, NY 10047 Tel: 646 557 2246 Email: jenny.kolenbrander@minbuza.nl Website: www.dutchmissions.com ride Help save paper! Do you really need to print this email? Dit bericht kan informatie bevatten die niet voor u is bestemd. Indien u niet de geadresseerde bent of dit bericht abusieveliik ean nis toegezonden, wordt u verzocht dat aan de afzender te melden en het bericht te verwijderen. De Staat aanvaardt geen aansprakelijkheid voor schade, van welke ard ook, die verband houdt met risico's ‘verbonden aan het elektronisch verzenden van berichten, This message may contain information that is not intended for you. If you are not the addressee or if this ‘message was sent fo you by mistake, you are requested to inform the sender and delete the message. 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The State accepts no liability for damage of any kind resulting from the risks inherent in the electronic transmission of messages. ‘sender tals pviegse ere prenreiag recent of te € in enor, pease lee hie @mek and secountaply Aci (HPA hasten is canes, you have tosivad tae 3EVIDENCE and/or WITNESS LIST Please print legibly the following information Alien Number: A ( 18. 110- 622 Alien Name: Jisette Munts|AG- = Judge’s Name and Hearing Date: (This information can be obtained by calling 1-800-398-7180) *To ACC: Ei ‘Please provide name gall ifthe ACC is specifically requesting ornt, Tce Flease list the attachments you are submitting and indicate whether itis an original (0) or a copy ©. (0) © Cacho) of et nisteabise Tsawitnesslistattached — Yes[_] No ap Death