John Wheat Gibson
P.C., Attorney at Law
Dallas, Texas
John Wheat Gibson
Joyce Asber
Salvador Ibarra (1946-1992)
Cursed is the man who withholds
justice from the alien, the
fatherless, or the widow.
–Deuteronomy 27:19
For Settlement Purposes Only
16 November 2007
Ms. Ann Roberts
Assistant U.S. Attorney
Lubbock, Texas
Re: U.S. v. Neza, Civ. No. 1:07-CV-0176-C
Dear Ms. Roberts:
Please consider the following proposal to settle the litigation now pending in the Northern District Court at Abilene. It is intended to resolve matters to the satisfaction of both plaintiff and defendant.
This offer of settlement eliminates both the ugly publicity the government has received and will receive in the future if the case is not settled and the gruesome consequences to Mr. Neza if the outcome is unfavorable. I propose an agreement after which I will praise the government as fair and reasonable, and Mr. Neza will depart the United States if he is denied asylum.
Pursuant to this proposed contract the government will perform as follows:
1) Mr. Neza will be released from detention on posting of a bond within the means of his family, but sufficient to assure his compliance with his obligations. I would suggest $50,000.00.
2) The parties will file a joint motion to reopen Mr. Neza’s asylum case at the Board of Immigration Appeals.
Mr. Neza will perform as follows:
1) He will post the required bond for his release from detention.
2) Mr. Neza will present his case for asylum to the Executive Office for Immigration Review de novo.
3) If the Board of Immigration Appeals sustains a denial of asylum to Mr. Neza and orders his removal from the U.S. after the de novo hearing, then he will depart the United States at his own expense not later than 90 days after the date his attorney is served with the BIA decision.
4) Mr. Neza will agree that if he does not comply with the final order of the EOIR, then he will a) forfeit the bond; b) be subject to arrest and detention; and c) waive any objection to sedation in connection with his deportation.
5) Mr. Neza and his counsel will cease to speak ill of the government’s desire to remove Mr. Neza, but will communicate to the media that have been following the case their belief that the government is acting with reason, justice, compassion, and respect for the law.
I hope you will accept this offer because it constitutes a victory for all parties. The government will appear reasonable and receive favorable publicity, accordingly. The government will be relieved of the necessity of further brutality and embarrassment, and will be rid of Mr. Neza if he loses his asylum case. The government no longer will have to worry about explaining to the media after Mr. Neza is murdered in Albania why they obstinately drugged and deported him.
Mr. Neza, in the unlikely event that he loses his asylum claim, will save his life by going with his family to some place besides Albania.
Rejection of this offer of settlement, on the other hand, will be irrefutable proof that the government has totally disregarded reason, justice, compassion, and respect for law. I invite you to share with me a resolution in which we all win, rather than continue the strife in which the government can only lose, regardless of the outcome, and Mr. Neza, with no certainty of success, must fight to the finish to avoid being killed. Please share this offer with Paul Hunker, Chief District Counsel for the Bureau of Immigration and Customs Enforcement.
Respectfully submitted,
JOHN WHEAT GIBSON, P.C.
Texas Civil Rights Review 