ATR LAW GROUP, PLLC 5333 N 7" St., Suite A201, Phoenix, Arizona 85014 (602)702-0981 | F: (602)581-3302 ATTORNEY AT LAW: Alinka Tymkowiez Robinson, Esq. February 28, 2023 U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE) Attention: Humanitarian Parole 26 MCGREGOR RANGE ROAD CHAPARRAL NM 88081 RE: RE: REQUEST FOR PAROLE FOR URGENT HUMANITARIAN REASONS OR IN THE ALTERNATIVE AN ICE BOND. CHAVES VILLAMIZAR (A# 246-684-646) Dear Immigration Officer, Please be advised that I represent Ms. Gladys Chaves Villamizar (A# 246-684-646) in her immigration removal proceedings. Ms. Chaves Villamizar is presently detained under immigration custody at Otero County Processing Center located in Chaparral, NM. She is presently in immigration removal proceedings before the U.S. Executive Office for Immigration Review (EOIR) Ms. Chaves Villamizar entered the United States secking protection from targeted individualized harm she experienced from local criminal groups who threatened her with death and attempted to extort money from her and her family in Colombia. "Ne eo i ay Cy a Pr re i rain Apt Ae 8 ‘eigenen eae eat pon bea pero APD enone Een APST9 pe novo panne San tenors ere 6 ‘Wg ewan to fa Grom rane es, el any "Ch Sons nT negro Carano ps a nds Lew Sth Chea Mong "lens Creo Fy Fer Crete rca hn Spgs 08 s (aden Soca ‘np oan ap owned cach EOS {Ent oe Ci ih aps igs or nv 0 Mr, 28 ‘Witney of rane osoat Ok Ore an Cpr her Bar ra ng Chan Mlhean nein Fy 29, ‘grid oe wnt fects drs evar) S930 {een le Cara al Gras Soest Ae png Mach, 28 ‘atone inens OE fe CF Aton, 393083 poAccording to 8 C.F.R. §212.5, ICE officers are permitted to exercise their discretion in granting parole on a “case-by-case basis” to noncitizens seeking to enter the United States for “urgent humanitarian reasons” or “significant public benefit,” provided the noncitizen is not a risk to national security, is not a flight risk, and does not pose danger to the community. Currently, I request that you please urgently consider my client for release from custody under conditional parole for humanitarian purposes. Reasons for this urgent request are as follows: HEALTH CONCERNS Pursuant to 8 C.F-R. §212.5(b)(1), humanitarian parole is just and proper when an alien has “serious medical conditions in which continued detention would not be appropriate.” The development of the COVID-19 outbreaks currently affecting our entire globe constitutes a new and dire circumstance that must be addressed. In the face of this global pandemic, detention is not a suitable environment for Ms. Chaves Villamizar given she is a person of good moral character whose circumstances are trustworthy enough that she can resume her removal proceedings outside of detention. Ms. Chaves Villamizar has no criminal antecedents and does not pose danger to the community. She is also not a flight risk because her entire immediate family, comprised of Permanent Residents, reside in the United States. Ms. Chaves Villamizar continued detention puts her needlessly at risk of contracting this potentially deadly virus. Given what little information we have concerning the testing, treatment, and control of the COVID-19 outbreak, we ask ICE to consider Ms. Chaves Villamizar parole case a priority of the highest order. GENERAL HEALTHCARE CONCERNS FOR DETAINEES Ithas been well documented over the years that medical services in ICE detention facilities fall short of basic standard of care. A recent complaint submitted to the department by many legal service organizations sheds light on the effects of growing roadblocks detainees must access basic healthcare while detained. While ICE has adopted three sets of detention standards, including PBNDS 2011, they do not require contractors to adopt recent industry standards when initiating or extending contracts. The result is a “patchwork system in which facilities are subject to differing standards and some are subject to no standards at all,” !while some detainees can be denied access to adequate care, suffer delays in receiving medical attention, and are left in conditions that exacerbate their physical and mental health ailments, ‘nay ed ten Cntr Wg Cay season ‘ecient sonannypent sok hens Warp AMENDS armen rng gr APD tae ir Pe Mee Co ra prin conse 0 n-ne se et esngan oes AS ier frant on fio rem eee He Fo A Son sr Cogs ns Chg amigo Prat 2 305 ‘Sooo tennessee eetguherxcnnor ele "Snare Fy Fr Carta eit. ho Spa M82, ‘Stan nshcmp Basics fe Sai SES ype cats ane Chany 25 Te ac 17.200, Tyona eo Sosnao-isecoes hac tuwr sede coches e201 ‘een a 9 COV pt igh a ted pst Cente Cn od Preston (CD) Mah 7,29 IMpwuos eprom nacre ged peel of aC Mt Orc an Compre vth Or Brn Pr ing Chen Mba econ Fay 2580. rep te miata Herein iomretreneSxs eS ‘mins on fe Carec Fain rrcn Emi Ae png Meh, 200 Shouts pcstsmeCOVD CE tiIn August 2019, a class action lawsuit alleged that “detainees with medical and mental health conditions and those with disabilities face settings so brutal, including delays and denials of medical cate, overuse of solitary confinement and lack of disability accommodations, they have led to permanent harm and 24 deaths in the last two years.” Detained individuals face an elevated risk of contracting COVID-19. People in detention are highly vulnerable to outbreaks of contagious illnesses as they are housed in close quarters and are ofien in poor health. According to Dr. Homer Venters, “when COVID-19 arrives in a community, it will show up in jails and prisons. This has already happened in China, which has a lower rate of incarceration than the U.S."> And even as COVID-19 infection rates have declined in China, the virus continues to spread aggressively throughout its prisons.* Inher presentation to correctional facility employees, Dr. Anne Spaulding projected the risk detainees face amid the COVID-19 outbreak: “a prison or jail is a self-contained environment, both those incarcerated and those who watch over them are at risk for airborne infections. Some make an analogy with a cruise ship. Cautionary tale #1: think of the spread of COVID-19 on the Diamond Princess Cruise Ship, January 2020. Cautionary tale #2: Hundreds of cases diagnosed in Chinese prisons.” Populations with compromised immune systems and pre-existing health conditions have a greater likelihood of intensive care hospitalization and death were they to contract COVID-19. ‘According to Dr. Chauolin Huang, "2019-nCoV caused clusters of fatal pneumonia with clinical presentation greatly resembling SARS-CoV. Patients infected with 2019-nCoV might develop acute respiratory distress syndrome, have a high likelihood of admission to intensive care, and might die.”* ‘The Center for Disease Control and Prevention (CDC) recently reported that “older people and people of all ages with severe underlying health conditions — like heart disease, lung disease and diabetes, for example — seem to be at higher risk of developing serious COVID-19 illness.” ‘According to Jialieng Chen of the Fudan Uniersity of China, “most of those who have died had underlying health conditions such as hypertension, diabetes or cardiovascular disease that compromised their immune systems.”* Medical experts on incarcerated populations have ese Ce Au Cony Bard Progen ao Asn grit IarrainApei: p08 aia Sob PERO cary APO teen pcan aspx mei ‘Ranh rts Bee ete Few "Chin Ses nop ener Corman Seth Chie Mong Pest Feet) 2228 hsp onan sree: tine sep ree oli Coe ay or Cure Sena he hep caeounenscOM fe CF Aan 39 St "epulses ots 87 Seo Cain ay 35h Lane 7.200 wo ose esaepatt © mpiiows nearonecbtnesreaaniselae 05. "Sen 8 COPD Pet ot ih atl dass Cnt De “hewn ck gcrmnrbocengesieeeptte ht Pn nn aCar 4 Bes nr al Capon er Emr Vr in ht Mlb an afcsion Fb 2109 el ae ‘Scene Carcnal ety Cron enti hae occa COV oF ham 930gstrongly recommended that corrections facilities consider compassionate releases for individuals who are at greater risk of health complications if exposed to COVID-19. As corrections medical expert Dr. Anne Spaulding recently recommended: “Consider alternatives to incarceration, to keep stock population down (diversionary courts, community corrections), Consider measures other than detention...Ask who you can release on their own recognizance?” As of the date of this writing, the CDC has reported over11,380 Covid-19 cases in the state of New Mexico. Various news outlets have reported the emergence of Covid-19 cases in immigration detention facilities, including the Otero County Processing Center where Ms. Chaves Villamizar is housed. Knowing that prisons could be a very dangerous setting for outbreak, Ms. Chaves Villamizar should be considered a priority for release from detention for her personal safety. succ SFUL ASYLUM CASE OUTCOME ANTI Ms. Chaves Villamizar is likely to have her I-589 asylum application granted by the Immigration Judge as she shows an overwhelming amount of evidence, including official reports and ‘witness statements, supporting the threats and abuse she experienced in Colombia from local criminal groups who targeted her and her family. VID} E AGAINST FLIGHT RISK & DANGER TO COMMUNITY Ms. Chaves Villamizar has been significantly affected by the severe acts of violence perpetrated against her in her country of origin. Her life was endangered, and she had to flee her hometown abruptly and abandon her family and her life in Colombia. Ms, Chaves Villamizar entire immediate family resides in the United States Ms. Chaves Villaizar was the only member of her immediate family who resided in Colombia. Prior to her last entry to the United States fleeing from torture and death, Ms. Chaves Villamizar never violated this country’s immigration laws and did not enter the United States without permission. Ms. Chaves Villamizat has no criminal history in the United States nor in Colombia and she has never participated in violent acts of any kind, aan aig te Co 4 Bt Came raprounn oo Ara eign rato Ape 208 steno ep Shae ge PEON ono sg No eign Sans on re Cr Maes ei omay 9.20 print osetia osname tar rn foi SSI2 Sh sien i Conan ge ts Un Soh CrP any 1, 08, esi tng arsine Sata esta eigen ‘Cal herent iy Foran entan Dhe yng Mr? ein throw fe CF Aamir 33200 Sect Bces gcd 307 tas a ine Cti a 395 Te ane 7200. pelle olen insole senate enacts "Cente a 9 "COVISED. Pept ig i stip ips Cane DrCon an reveno(C) Mah 720. ce otcrnta Scone Penerestetnamgysoatr Gt Once nl npr sar Emr Vrain he Miho. by 429 racial matzo ERCIteS Redes costes scsmansnes ‘ren Carel iC Sa ei A png Ma, 20, ore ensOG eC hd 350gMs. Chaves Villamizar release and reunion to her family and friends who are currently living, in the United States would be extremely beneficial to her. They can provide shelter and a loving environment where Ms. Chaves Villamizar can rehabilitate and heal, Furthermore, Ms. Chaves Villamizar has one Immigration Sponsor, Fredy Duarte Nocua who is committed to assuming full responsibility for Ms. Chaves Villamizar to guarantee that there is no risk of absconding, abandonment of her immigration case, and that she will fully comply with all court requirements. DETENTION NOT IN PUBLIC INTEREST Detention is funded by our public tax dollars. Even under the best of circumstances it is a costly option when alternatives to detention exist, especially when the detained individual is neither a flight risk nor a danger to the community. It is not in the public interest to manage an outbreak in a detention center and there can be legal liabilities to exposing medically vulnerable people to a contagious outbreak Ms. Chaves Villamizar has a Sponsor and immediate relatives with lawful status in the United States who are legally committed to supporting her during her removal proceedings. When paroled and released from custody she will reside with her family, who receive mail and reside at: 2439 S 5! Street Milwaukee, WI 53207 ‘nt ne Comer A Bee Cay ad arama rae aan crate, pn A129 ieee tec cen pea SB0h ana pat APPEND dene mg hy APA 9 a an ees 8 lke jetty trptele te tumeoreat SID “Saasnh ine ra ete Saha on a 208 ‘Snes Caren acy er Coreen Su ena Aan Spang Moh 9,300 Ineo thecptcersOVD fo CF hdaarnne 950 pt eres as hues ae 19S oar Waa hn Ca nn 395, ne 7.20 tna og sesnte- sungmi enue cemect aon 085 ‘erties 18 tCOMDD, pea tlt Popa ira Cn ont Pen (CD) Mach 7.220 lee nats acpeeemsneh estes einai ia Gel canon itl egy irae ng Ch Mb an ncn ty 4,20 ‘ella leh men 0108 re unless est GS PRIIS ‘Sort one Carc iin eCen SLenderi Ae Soa ‘Schemas GF Rote 3500 peCONCLUSION Ms. Chaves Villamizar is committed to pursuing asylum relief in the United States, and I te that her case will be suecessful. Ms. Chaves Villamizar is a woman of good moral character who suffered threats of death and abuse from criminals in her country of origin because they were trying to extort money from her and her family. Ms. Chaves Villamizar has no criminal history, and her entire immediate family resides in the United States, Ms. Chaves Villamizar is motivated to create 1 good life in this country if permitted, She has already demonstrated her commitment to seeing her ‘case through to the end by remaining in detention to fight her case despite the extreme mental strains and physical health vulnerabilities discussed above. Furthermore, I will remain Ms, Chaves Villamizar legal counsel upon her release. On behalf of my client, I respectfully request that he be considered for humanitarian parole or the alternative a minimal ICE bond and be released from ICE custody. This request is sent with the utmost urgency, and we hope you take sympathy on Ms. Chaves Villamizar unfortunate situation. ‘Thank you for your time and attention to this matter. Should you require additional information, please contact my office at (602) 702-0981 or by U.S. postal mail Respectfully, /S/ Alinka T. Robinson Alinka Tymkowicz Robinson, Esq. Attomey for Mrs. Ashley Stephanny Almario Barrera tem 4 Cy dori ty In etn Ma 2 ne a Sets Seesnmenspaiesuh Dewey get EFENDS nc pin inewp AD1 pA “aetna dor pa Cos lc Aap ‘ern coy ota sonaren el ea ees ‘Merron BN Patek en) ‘Sepa sh cmp irae ano ta rl oe sy Foros Sef nny Br hae Seg Terrance wicharsCovi fr CF hdmary 9308 on nit Sl ity Ham Cin 9a 8 "Sin a, et ir ol Pa Co on Pen 0 Mi, 28 ‘peng army of 20/5 a A ik Over alCompr with her rg Firs wiley oe} mentatior otEVIDE! Y EXHIBITS EXHIBIT A * G-28, Notice of Entry of Appearance as Attorney or Representative EXHIBIT B © Copy of Sponsor Permanent Resident Card Copy of Income Tax 2022 "rd nai ace CAB Comrie rama a Arn ra Iran Ah 823% ‘toca ecaucapoee ono catonops0808 ane Warp MENON oe ring egy APN ‘ibaa et es ore Co np Coes Pen Apa 8 Newt ptt const Ot sn meiaeinmign cee 1H5 Sao Ona or fo Carats Vey Tht ety 0. eset copa eet wee ptr nicer "Sins ns dr Cont gets Ls esther ee Psa 2 200 erlang ers eeles or asts pains eerste Meerut ghisieescOv fe CNet aso ne SN Sma es 0 Com aon hi, Chai a 38 act 7200, acca oes om see oneness "Sato! 19 CMD. rig fae Pp: Cee Cnn Poesia (CD). M7, 29. ute grace ripest neat Seat na rae 1 ct ey an Compara ih tr rss, lng Ce Mines eden Fron 4238, ‘epi ol ict Boeri ep. SONS ml ars ay Cet a Lie. Aa Spang Mie 24 ‘ule nse rpicssansOWD oe Chama 9208 pe.EXHIBIT ANotice of Entry of Appearance DHS as Attorney or Accredited Representa Department of Homeland Secu Form G-28 ‘OMB No. 1615-0105 Expires 0531/2021 Part 1. Information About Attorney or [Accredited Representative Part 2. Eligibility Information for Attorney or [Accredited Representative 1, USCIS Online Account Number (if any) >[e a Name of Attorney or Accredited Representative 2.2, Family Name [pageyuca ROSEN Select all applicable items. La, §X) Lam an attomey eligible to practice law in, and a ‘member in good standing of, the bar of the highest courts ofthe following states, possessions, territories, ‘commonwealths, or the District of Columbia. If you need extra space to complete this section, use the (Cast Name) Space provide in Part 6. Additional Information. 2b. Given Name Gaenans bane Licensing Authority 2c. Middle Name fava Address of Attorney or Accredited Representative 3.a, Street Number ma andName | [ae 7 3b. CJApt. Beste. C]rin. fae 3c. City or Town [frre 3d, State [az | 3.e. ZIP Code [asou farcaom soem: COURT 1.b. Bar Number (if applicable) ostaa Le. I(Gelect only one box) BX} am not [] am subject to any order suspending, enjoining, restraining, disbarrng, or otherwise restricting me inthe practice of law. Ifyou are subject to any orders, use the space provided in Part 6. Additional Information to provide an explanation. Ld. Name of Law Firm or Organization (if applicable) 3. Province [iva 3g. Postal Code [wa Buh Country ey Contact Information of Attorney or Accredited Representative 4, Daytime Telephone Number eccrozose: 5. Mobile Telephone Number (if any) 6. Email Address (ifany) [pamaascecore@nr,. co 7. Fax Number (if any) [eoasensace fram sao Grou BA 2a, [] 1am an accredited representative of the following qualified nonprofit religious, charitable, social service, or similar organization established in the United States and recognized by the Department of Justice in accordance with 8 CFR part 1292. 2b, Name of Recognized Organization fva 2, Date of Accreditation (mm/dd/yyyy) wa 3. [1] Lam associated with va . the attomey or accredited representative of record who previously filed Form G-28 in this case, and my appearance as an attorney or accredited representative for a limited purpose is at his or her request 4.a. 5] Tama tay student or law graduate working under the direct supervision of the attomey or accredited representative of record on ths form in accordance ‘with the requirements in 8 CFR 292.122). 4b. Name of Law Student or Law Grad fun Form G28 09/17/18 MUTE ESSE OREN ESTP Page 1 of4nt [Part 3, Notice of Appearance as Attorney or [Accredited Representative Ifyou need extra space to complete this section, use the space provided in Part 6, Additional Information, ‘This appearance relates to immigration matters before elect only one box): 1.2. [1] US. Citizenship and Immigration Services (USCIS) 1b, List the form numbers or specific matter in which appearance is entered. 2.0.) U.S. Immigration and Customs Enforcement (ICE) 2.b, List the specific matter in which appearance is entered, fact rooms aD FOR 3a, [] us. 3b, List the specific matter in which appearance is entered. Customs and Border Protection (CBP) 4. Receipt Number (ifany) > 5. enter my appearance as an attomey or accredited representative atthe request of the (select only one box): (1 Applicant] Petitioner [C] Requestor (5 Beneficiary/Derivative §&} Respondent (ICE, CBP) Information About Client (Applicant, Petitioner, Requestor, Beneficiary or Derivative, Respondent, or Authorized Signatory for an Entity) 6a, Family Name (Last Name) 6. Given Name (First Name) [GLADYS 6... Middle Name |CHAVES VILLAMIZAR 7.2. Name of Entity (if applicable) 7b, Title of Authorized Signatory for Entity (if applicable) 8 Client's USCIS Online Account Number (if any) > 9, Client's Alien Registration Number (A-Number)(ifany) pA[2¢668 4646 Client's Contact Information 10. Daytime Telephone Number 11. Mobile Telephone Number (if any) 12, Email Address (ifany) Mailing Address of Client NOTE: Provide the client's mailing address. Do not provide the business mailing address ofthe attorney or accredited representative unless it serves as the safe mailing address on the application or petition being filed with this Form G-28, 13.a, Street Number [26 MCGREGOR RANGE ROAD and Name 13.b. 7] Apt. Cte. Fr 13.2. CityorTown [chapanran 13a. ute fat] He. ZIP Cade [ess 134. Province iva 13.g, Postal Code [iva 13.h, Country fuss Part 4. Client's Consent to Representation and Signature Consent to Representation and Release of Information have requested the representation of and consented to being, represented by the attomey or accredited representative named in Part 1. ofthis form. According to the Privacy Act of 1974 and U.S, Department of Homeland Security (DHS) policy, I also consent to the disclosure to the named attorney or accredited representative of any records pertaining to me that, appear in any system of records of USCIS, ICE, or CBP. Form G28 09/17/18 UIE ROE PRG ERS Ml Page 2of4eT [Part 4. Client's Consent to Representation and [Signature (continued) [Part 5. Signature of Attorney or Accredited Representative Options Regarding Receipt of USCIS Notices and Documents USCIS will send notices to both a represented party (the client) and his, her, or its attorney or accredited representative either through mail or electronic delivery. USCIS will send all secure identity documents and Travel Documents to the client's U.S. mailing address. Ifyou want to have notices and/or secure identity documents sent to your attomey or aceredited representative of record rather than to you, please select all applicable items below. You may change these elections through written notice to USC 1a, BQ] Lrequest that USCIS send original notices on at application or petition tothe business address of my attorney or accredited representative as listed in this form. Lb, BQ) request that USCIS send any secure identity document (Permanent Resident Card, Employment ‘Authorization Document, or Travel Document) that 1 receive tothe U.S, business address of my attomey or accredited representative (or to designated military cor diplomatic address in a foreign country (if permitted). NOTE: If your notice contains Form 1-94, Arrval-Departure Record, USCIS will send the notice to the U.S, business address of your attorney or accredited representative. If you would rather have your Form 1-94 sent diretly to you, select Item Number Le. 1.e. [1] Trequest that USCIS send my notice containing Form 1-94 to me at my U.S mailing adress, Signature of Client or Authorized Signatory for an Entity 2a, Signature of > jent or Authorized Signatory for an Ent 2.b, Date of Signature (mm/dd/yy) 02/20/2023 Thave read and understand the regulations and conditions contained in 8 CFR 103.2 and 292 governing appearances and representation before DHS. I declare under penalty of perjury under the laws of the United States that the information I have provided on this form is true and correct. La, Signature of Attomey or Accredited Representative IsfAlinka Tymkowicz Robinson Lb. Date of Signature (mm/dd/yy) [02/20/2023 2a. Signature of Law Student or Law Graduate 2b, Date of Signature (mm/dd/yyyy) Form G28 09/17/18 IMU INE CEA PAS EEDA PR PTR Page 3 of 4TS Ban GA Sanioual InforGation 4a. Page Number 4.b. Part Number 4.e. Item Number —— [ya Wa rm If you need extra space to provide any addtional information within this form, use the space below. Ifyou need more space 4g, WA than what is provided, you may make copes ofthis page to complete and file with this form or attach a separate sheet of paper. Type or print your name a the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet. La Family Name aa (Gast Name), (RES VUE SU Lb. GivenName [Gam ee Fist Name) E22 le. Middle Name [iva 2a. PageNumber 2b, Part Number 2.e. tem Number NA wa WA 2d, NA Sa. Page Number Sb. Part Number S.¢. Item Number NA Wm Wa 5. wa 3a. Page Number 2b, Part Number 3.e. Item Number NA wa Ww 3a, NA Ga. Page Number 6b, Part Number 6.e. 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