6 November 2007
Nuria Prendes, Director
Dallas District DHS
BICE
Re: Rrustem NEZA
Nurie NEZA
Xheladin NEZA
Dear Ms. Prendes:
Please reconsider your refusal to released Rrustem Neza from detention while the private bills that Congressman Louie Gomert introduced on Mr. Neza’s behalf are decided by the Congress of the United States. Mr. Neza, who has no criminal history, has been in the Rolling Plains prison without bail since February 2007, almost 10 months. Continuing his detention serves no governmental purpose.
The mere introduction of the private bill prevents the deportation of Mr. Neza until at least 2009, while the Judiciary Committee obtains a report. Attached are copies of the private bills, and a letter from Congressman Gomert that was published in the newspaper. Furthermore, the Bureau has filed a suit in the United States District Court requesting permission to drug Mr. Neza and deport him, and the scheduling order the Court issued in that case provides for trial after 15 August 2008.
Mr. Neza now has pending before the Board of Immigration Appeals a Motion to Reopen, and before the 11th Circuit Court of Appeals a Motion to Remand to the BIA, but even if both motions are denied, the soonest that he can be deported will be in late 2009. Mr. Neza is no flight risk, being the owner, with his wife, of a home, and, with his brother, of a restaurant in Nacogdoches, Texas, where his 6-year-old U.S. citizen son Princ and his 8-year-old son Xheladin are enrolled in school.
The probability that Mr. Neza’s case will be reopened and he will be granted asylum in the United States is great, although admittedly cannot be known with certainty at this moment. There is no reason, obviously, in light of his ties to the community, his property, and his family, to suppose he is a flight risk or a danger to anybody. Please release him from detention for the duration of his litigation, even if you decide to require the posting of a reasonable appearance bond. To keep Mr. Neza, who has committed no crime, in prison is gratuitously cruel to him and to his children. If you want any additional information, I will, of course, provide it to you instantly upon request. Thank you in advance for your cooperation.
Respectfully submitted,
JOHN WHEAT GIBSON, P.C.
cc: Rrustem Neza, in care of Xhemal Neza
U.S. Congressman Louie Gomert
Dianne Solis
Anabelle Garay
Greg Moses
Texas Civil Rights Review 