Court filing
Motion for Leave — Nhaeon, NBA and Clyde Vanel Amicus — Huisha-Huisha v. Mayorkas
Filed November 19, 2021 in Nancy Huisha-Huisha v. Alejandro Mayorkas; one of 56 filings from this case.
Record facts
| Court | U.S. Court of Appeals for the D.C. Circuit |
|---|---|
| Filed | 2021-11-19 |
Full text
i
IN THE UNITED STATES COURT OF
APPEALS FOR THE DISTRICT OF
COLUMBIA CIRCUIT
____________________________________
)
NANCY GIMENA
)
HUISHA-HUISHA, et al.
)
)
)
Appellees
)
)
v.
)
)
No.21-100 (EGS)
ALEJANDRO MAYORKAS,
)
in his official capacity as
)
Secretary of Homeland
)
Security, et al.
)
)
)
)
Appellants
)
____________________________________)
UNNAPPOSED MOTION, OR, IN THE ALTERNATIVE, MOTION OF THE
NATIONAL HAITIAN AMERICAN ELECTED OFFICIALS NETWORK, THE
NATIONAL BAR ASSOCIATION, AND CLYDE VANEL, THE
ASSEMBLYMEMBER FOR THE THIRTY-THIRD DISTRICT OF NEW YORK
FOR LEAVE TO FILE BRIEF AMICUS CURIAE IN SUPPORT OF
APPELLEES AND AFFIRMANCE
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 1 of 30
ii
The National Haitian American Elected Officials Network, the National Bar
Association, and Clyde Vanel, the Assemblymember for the Thirty-Third District
of New York, (“Amici”), respectfully moves for leave to file the attached amicus
curiae brief in support of Appellees.
Date: November 19, 2021
/s/ Charles Tucker, Jr.
Charles Tucker, Jr., Esq.
8181 Professional Place
Hyattsville, MD 20785
Tel: (301) 577-1175
charlestuckerlawgroupllp.com
/s/ Clyde Vanel
Clyde Vanel, Esq.
229-01 Linden Blvd, Unit 110740
Cambria Heights, NY 11411
Tel: (212) 402-5472
clydevanel@vanellaw.com
Counsel for Amicus Curiae
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 2 of 30
iii
STANDARD
"An amicus curiae, defined as [a] ‘friend of the court,’ . . . does not represent
the parties but participates only for the benefit of the Court." Hopi Tribe v. Trump,
2019 US Dist. LEXIS 106244, at 16 (DDC Mar. 20, 2019, No. 17-cv-2590 (TSC)).
“An amicus brief should normally be allowed . . . when the amicus has unique
information or perspective that can help the court beyond the help that the lawyers
for the parties are able to provide.” Youming Jin v. Ministry of State Sec., 557 F.
Supp. 2d 131, 137 (DDC 2008) (quoting Ryan v. Commodity Futures Trading
Comm’n, 125 F.3d 1062, 1064 (7th Cir. 1997).
"Courts have permitted parties to file amicus briefs where ‘the brief will
assist the judges by presenting ideas, arguments, theories, insights, facts, or data
that are not to be found in the parties' briefs.’” In re Search of Info. Associated with
@mac.com that is Stored at Premises Controlled by Apple, Inc., 13 F. Supp. 3d
157, 167 (DDC 2014) (quoting Voices for Choices v. Illinois Bell Tel. Co., 339
F.3d 542, 545 (7th Cir 2003). “Courts have wide discretion in deciding whether to
grant a third party leave to file an amicus brief.” In re Search of Info. 13 F. Supp.
3d at 167.
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 3 of 30
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CERTIFICATE OF SERVICE
I hereby certify that on November 19, 2021, I electronically filed a copy of
this Motion, along with the attached proposed Amicus Curiae Brief in the United
States Court of Appeals for the District of Columbia Circuit by utilizing the
CM/ECF System which will send notification of such filings to all counsel of
record in this litigation.
Date: November 19, 2021
/s/ Charles Tucker, Jr.
Charles Tucker, Jr., Esq.
/s/ Clyde Vanel
Clyde Vanel, Esq.
Counsel for Amicus Curiae
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 4 of 30
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ORAL ARGUMENT SCHEDULED FOR 01/19/2022
No. 13-250
_____________________________
IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
_____________________________
NANCY GIMENA HUISHA-HUISHA, et al.
Plaintiff – Appellees
v.
ALEJANDRO MAYORKAS, in his official capacity as
Secretary of Homeland Security, et al.
Defendant – Appellants
_____________________________
On Appeal from the
United States District Court
for the District of Columbia
(No.21-100(EGS))
_____________________________
BRIEF OF THE NATIONAL HAITIAN AMERICAN
ELECTED OFFICIALS NETWORK, THE NATIONAL
BAR ASSOCIATION, AND CLYDE VANEL,
ASSEMBLYMEMBER FOR THE 33RD DISTRICT OF
NEW YORK AS AMICUS CURIAE IN SUPPORT OF
APPELLEES
_____________________________
Date: November 19, 2021
/s/ Charles Tucker, Jr.
Charles Tucker, Jr., Esq.
/s/ Clyde Vanel
Clyde Vanel, Esq.
Counsel for Amicus Curiae
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 5 of 30
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CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES
Pursuant to D.C. Circuit Rule 28(a)(1), the undersigned certifies as follows:
A. Parties and Amici
Except for the following amici, all parties, intervenors, and amici appearing
before the district court and in this Court are listed in the Brief for Appellants: (1)
Immigration Law Reform Institute; (2) State of Texas. The Court denied the State
of Texas’s motion to intervene in this appeal.
B. Rulings Under Review
Reference to the ruling under review appears in the Brief for Appellants.
C. Related Cases
There are no related cases within the meaning of D.C. Circuit Rule 28(a)(1)(C),
nor has this case previously been before this court or any other court.
Date: November 19, 2021
/s/ Charles Tucker, Jr.
Charles Tucker, Jr., Esq.
/s/ Clyde Vanel
Clyde Vanel, Esq.
Counsel for Amicus Curiae
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CORPORATE DISCLOSURE STATEMENT
Pursuant to D.C. Circuit Rules 8(a)(4), 26.1, 27(a)(4), and 29(b) and Federal
Rules of Appellate Procedure 29(a)(4)(A) and 26.1, amicus curiae submits the
following corporate disclosure statement:
The National Bar Association, Inc. is a private, non-profit organization and
is the nation's oldest and largest national network of predominantly African-
American attorneys and judges. It has no parent corporation, and no publicly held
corporation owns ten percent or more of its stock.
The National Haitian American Elected Officials Network, Inc. is a private,
non-profit organization and is the largest non-partisan organization of over eighty
Haitian American elected and appointed public officials in the United States. It has
no parent corporation, and no publicly held corporation owns ten percent or more
of its stock.
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viii
TABLE OF CONTENTS
STATEMENT OF IDENTITY, INTEREST IN CASE, AND SOURCE OF
AUTHORITY TO FILE ............................................................................................ 1
STATEMENT OF AUTHORSHIP AND FINANCIAL CONTRIBUTIONS ......... 4
ARGUMENT ............................................................................................................. 7
I.
THE CLASS WILL SUFFER IRREPERABLE INJURY ABSENT A
PRELIMINARY INJUNCTION ............................................................... 7
A.
Haitian Immigration Attorneys and Haitian American Public Officials .... 8
1.
Stephanie Delia, Esq., Immigration Attorney ......................................... 8
2.
Eudson Francois, Trustee of Spring Valley, New York ......................... 8
3.
Alix Desulme, Councilman for the Fourth District of North Miami,
Florida ..................................................................................................... 9
4.
Clyde Vanel, Assemblymember for the Thirty-Third District of New
York ........................................................................................................ 9
B.
Migrant #1 .................................................................................................. 9
D.
Migrant #2 ................................................................................................13
E.
Migrant #3 ................................................................................................14
F.
Migrant #4 ................................................................................................15
G.
Migrant #5 ................................................................................................16
H.
Migrant #6 ................................................................................................17
I.
A Fear of Haiti ..........................................................................................17
CONCLUSION ........................................................................................................ 18
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TABLE OF AUTHORITIES
OTHER AUTHORITIES
https://www.timesrecordnews.com/story/opinion/2021/09/26/border-patrol-agents-
horses-cracking-whips-haitian-immigrants-how-ok/5832575001/ ...................... 3
Uriel J. García, "We suffered a lot to get here": A Haitian migrant's harrowing
journey to the Texas-Mexico border (last visited Nov. 15, 2021),
https://www.texastribune.org/2021/10/01/haitian-migrants-texas-mexico-border/
........................................................................................................................... 7
Macro Trends, Haiti Murder/Homicide Rate 2007-2021 (last visited Nov. 17,
2021), https://www.macrotrends.net/countries/HTI/haiti/murder-
homicide-rate ....................................................................................................... 10
Reuters, Haiti’s History of Violence and Disasters (last visited Nov. 17, 2021),
https://www.usnews.com/news/world/articles/2021-08-14/haitis-history-of-
violence-and-disasters ...................................................................................... 10
Jim Wyss, Gangs Now Run Haiti, Filling A Vacuum Left By Years of Collapse (last
visited Nov. 16, 2021), https://www.bloomberg.com/news/articles/2021-09-
02/gangs-now-run-haiti-filling-a-vacuum-left-by-years-of-collapse ................. 11
British Broadcasting Corporation, Haiti President’s Assassination: What We Know
So Far (last visited Nov. 16, 2021), https://www.bbc.com/news/world-latin-
america-57762246 ............................................................................................ 11
Catherine Porter, Natali Kitroeff, ‘It’s Terror’: In Haiti, Gangs Gain Power as
Security Vacuum Grows (last visited Nov. 17, 2021) ........................................ 12
Maria Abi-Habib, As Gangs’ Power Grows, Haiti’s Police Are Outgunned and
Underpaid (last visited Nov. 16, 2021),
https://www.nytimes.com/2021/10/26/world/americas/haiti-police
-gangs.html ....................................................................................................... 13
Reuters Fact Check, Fact Check – How Haitian Migrants Make Their Way to the
U.S. Border (last visited Nov. 15, 2021),
https://www.reuters.com/article/factcheck-haiti-route/fact-check-how-haitian-
migrants-make-their-way-to-the-u-s-border-idUSL1N2QQ1XB ...................... 15
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 9 of 30
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GLOSSARY
DHS
United States Department of Homeland Security
NHAEON
National Haitian American Elected Officials Network
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 10 of 30
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STATEMENT OF IDENTITY, INTEREST IN CASE, AND SOURCE OF
AUTHORITY TO FILE
The National Haitian-American Elected Officials Network (“NHAEON”),
the National Bar Association, and Clyde Vanel, the Assemblymember for the
Thirty-Third District of New York (“Amici”), are filing this Amicus Brief in
support of Appellees against Alejandro Mayokras, in his official capacity as
Secretary the United States Department of Homeland Security (“DHS”), to prevent
DHS from illegal deporting and continually denying due process to the thousands
of Haitian migrant children, woman, and men who have journeyed to the United
States to seek refuge from the perilous conditions in Haiti.
Amici, NHAEON is the largest non-partisan organization of over eighty
Haitian American elected and appointed public officials in the United States.
NHAEON members represent millions of constituents and American residents
across the nation, from as far east as New York State and Florida to as far west as
Arizona. Amici is dedicated to supporting domestic policies, legislation and issues
affecting Haitians living in the United States and abroad.
Amici, the National Bar Association was founded in 1925 and is the nation's
oldest and largest national network of predominantly African-American attorneys
and judges. It represents the interests of approximately 66,000 lawyers, judges, law
professors, and law students. The NBA is organized around 23 substantive law
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 11 of 30
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sections, 10 divisions, 12 regions, and over 80 affiliate chapters throughout the
United States and around the world.
In early September 2021, since first learning of the Texas border crisis,
Amici has been in Del Rio, Texas to assess the conditions and situation and assist
organizations with providing humanitarian relief to the thousands of migrants that
were mistreated. Amici spoke directly to Haitian migrants who were fleeing Haiti
for fear of losing their lives due to political persecution, migrants who gave birth to
children in less than sanitary conditions, and Amici spoke to migrants that
experienced being chased like animals by federal agents on horseback with whips.
Thousands of Haitians and other migrants have previously been refused due
process and expelled to Haiti and their respective countries, without being given
the chance to seek asylum, as a result of a faulty and unjustified interpretation of
the law that is wreaking havoc among Haitians and many other migrants during
these trying times. These actions have and will subject these Haitian migrants to
persecution that will likely result in murder, torture, rape, and kidnapping. This
case is of vital importance to the thousands of Haitian migrants and its disposition
will be, for many, the difference between freedom and persecution.
Many Amici are of Haitian descent, and Amici is extremely concerned about
the treatment of Haitians migrants. As Americans, Amici is committed to
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 12 of 30
3
protecting due process and the fair treatment of the thousands of children, women,
and men who have fled Haiti to the borders of the United States.
In this Brief, Amici addresses the issue of Appellees will suffer irreparable
harm if migrants are continually expelled under Title 42 without an asylum
hearing.
1
1 A photograph of a U.S. Border Patrol agent on horseback apprehending a Haitian
migrant near the Acuna Del Rio National Bridge in Del, Rio Texas: September 19,
2021. Elvia Díaz, Border Patrol agents on horses are cracking whips at Haitian
immigrants. How is that OK? (last visited Sept. 30, 2021),
https://www.timesrecordnews.com/story/opinion/2021/09/26/border-patrol-agents-
horses-cracking-whips-haitian-immigrants-how-ok/5832575001/
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STATEMENT OF AUTHORSHIP AND FINANCIAL CONTRIBUTIONS
Amici drafted this Brief in its entirety and has received no financial
contributions in the preparation and filing of this Brief.
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D.C. CIRCUIT RULE 29(d) STATEMENT
This Brief discusses the plight of the Haitian migrants who fled persecution
and who have risked their lives to traverse dangerous lands and seek refuge in the
United States. Amici have heard first-hand accounts of the Haitian migrants and
have observed their suffering in their experiences visiting the Haitian migrant
camps at the border of Del Rio, Texas, as well as through conversations with their
constituents and, in the case of attorneys, their clients.
Amici’s unique perspective of the impact of Title 42 on the Haitian migrants
who are seeking asylum is necessary, and this case requires that the Court examine
the irreparable harm that will occur to the Haitian migrants if expelled without an
asylum hearing. This harm is told through the painful stories of persecution within
Haiti, their escape, their journey to the United States through dangerous lands, and
their experiences within the United States, as told by the Haitian migrants who are
constituents of public official Amici and Amici who work with immigration
attorneys.
Date: November 19, 2021
/s/ Charles Tucker, Jr.
Charles Tucker, Jr., Esq.
/s/ Clyde Vanel
Clyde Vanel, Esq.
Counsel for Amicus Curiae
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INTRODUCTION
The citizens of the country of Haiti have borne witness to tragedies that, in
any other nation, would be cause for annual days of remembrance, patriotic rally
cries, and nation-bonding moments, however, for the citizens of Haiti, these
tragedies represent just another day. For them, these surmounting tragedies have
caused each one to blur into one another, leaving many hopeless with feelings of
insecurity about their continued safety.
Haiti has received the brunt of its damage from major earthquakes, the
assassination of its President, and high rates of infection and mortality from
COVID-19 due to their lack of medical infrastructure. This instability has caused a
perfect storm of unpredictability and distress among the Haitian population,
leaving many amenable to persecution and an ultimate end to any form of a
fulfilling life by ruthless gangs ostensibly acting in concert with the government.
The abrogation’s of the most precious rights of Americans are commonplace in
Haiti, many are refused the right to vote and brutally assaulted with deadly
weapons when they try, they are killed, robbed, and ambushed for their political
beliefs, and yet the government does nothing. Without a country to flee to, the
future they had in Haiti was no future at all: it was an end.
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ARGUMENT
The continued enforcement of Title 42 to expel migrants without an asylum
hearing will cause irreparable harm to Appellees because many face political
persecution and may face death and an abridgment of their rights simply due to
their political beliefs and their exercising of their rights. Such persecution will
occur without them being able to seek redress in the United States court system
against those perpetrating such heinous actions against them a result of the Haitian
migrants being expelled without being given an asylum hearing under Title 42.
I.
THE CLASS WILL SUFFER IRREPERABLE INJURY ABSENT A
PRELIMINARY INJUNCTION
Thousands of migrants crossed the southern border into Del Rio, Texas, in
September of 2021.2 Many migrants fled Haiti in pursuit of safety in the United
States, stating a profound fear of death as a result of the country's daily political
violence. Because the Haitian migrants who have given their stories for this Brief
are fearful for their lives and of political retaliation, they have requested that we
use pseudonyms to protect their identity. The stories of the lawyers and political
officials represents only a fraction of the thousands of migrants who have traveled
through dangerous terrain, witnessed and experienced kidnappings, rapes, and
killings, and fled their country in fear of their lives.
2 Uriel J. García, "We suffered a lot to get here": A Haitian migrant's harrowing
journey to the Texas-Mexico border (last visited Nov. 15, 2021),
https://www.texastribune.org/2021/10/01/haitian-migrants-texas-mexico-border/
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 17 of 30
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A.
Haitian Immigration Attorneys and Haitian American Public
Officials
1.
Stephanie Delia, Esq., Immigration Attorney
Stephanie Delia has worked as an immigration attorney for over ten years,
attending to the needs of the defenseless and providing hope to individuals fleeing
persecution. Attorney Delia leapt to action and pressed on in her pursuit of
assisting individuals fleeing the perils of their homeland to provide them the
opportunity to find a new life when the Haitian migrant crisis arose in September
of 2021.
Since the beginning of the crisis, Attorney Delia has interacted with many
Haitian migrants. She noticed that those refugees who had previously sought aid
and failed to obtain representation had an instinctive tendency to normalize the
pain and political violence they had experienced in Haiti, thereby placing their
struggles outside the realm of asylum, when in reality they had legitimate claims.
2.
Eudson Francois, Trustee of Spring Valley, New York
Trustee Eudson Francois is a member of NHAEON and an elected trustee of
Spring Valley, New York. In September 2021, he traveled to Texas to meet with
migrants and give relief to those in need during the Haitian migrant crisis. He
provided personal transportation and food for many of the migrants who crossed
the border.
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3.
Alix Desulme, Councilman for the Fourth District of North
Miami, Florida
Councilman Alix Desulme is a member of NHAEON and an elected
councilman of North Miami, Florida. In September 2021, he too traveled to Texas
to meet with the Haitian migrants who crossed the border into Del Rio, Texas.
4.
Clyde Vanel, Assemblymember for the Thirty-Third
District of New York
Assemblymember Clyde Vanel is a member of NHAEON and an elected
assemblymember in the state of New York. His constituents consist of a large
number of Hatian Americans. He and his colleagues have worked tirelessly to find
representation for Haitian migrants, and he has spoken publicly to express his
dismay at the Title 42 expulsions of the Haitian migrants.
B.
Migrant #1
Migrant #1 is a Seventh Day Adventist who spent his entire life in Haiti
prior to migrating to America. When Attorney Delia first inquired about his asylum
claim, he stated that he was experiencing "misery and lack of security." Attorney
Delia is well aware, as an experienced immigration attorney, that these amorphous
sorts of injury are inadequate to support a claim for asylum. However, when she
delved further into Migrant #1's circumstances, it became evident that misery and
insecurity were only symptoms of the problem, not the problem itself. This is the
account he gave.
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According to Migrant #1 misery and insecurity leads to death. In Haiti,
Migrant #1 stated that the President is typically regarded as accountable for any
mishaps that occur in the country due to the political structure of Haiti. This
animosity towards bad presidents seeps into everyday life, creating the illusion
that every wrongdoing by the president is the responsibility of the individual
people who voted for that president. As a result, politics becomes personal, and
exposure of one's political beliefs in Haiti can lead to hostility, injury, and even
death. Worse, simply working in Haiti is grounds for alarm, particularly if one
votes for the opposition. Gang members raiding employed people's houses,
attacking, and robbing them is a relatively common event in Haiti.3
Natural and biological disasters have wreaked havoc on Haiti, exacerbating
the country's already high levels of poverty and violence.4 All of these recent
concerns arose under the reign of President Jovenel Moïse. As a result, his
presidency was a ticking time bomb, animosity toward him was increasing, and it
was only a matter of time until something terrible happened. That terrible tragedy
occurred on July 7, 2021, when President Jovenel Moïse was slain at his home in
Port-au-Prince, Haiti, allegedly by nearly thirty foreign assassins who planned and
3 Macro Trends, Haiti Murder/Homicide Rate 2007-2021 (last visited Nov. 17,
2021), https://www.macrotrends.net/countries/HTI/haiti/murder-homicide-rate
4 Reuters, Haiti’s History of Violence and Disasters (last visited Nov. 17, 2021),
https://www.usnews.com/news/world/articles/2021-08-14/haitis-history-of-
violence-and-disasters
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carried out the heinous assassination.5 Following the President's killing, formidable
gangs began seizing control of local communities, more armed and powerful than
they had ever been before.6
Haiti shares a border with the Dominican Republic, which provides a lifeline
for Haitian merchants by enabling them to effortlessly cross the border and acquire
low-cost commodities to sell in their communities back home. The dates and hours
on which the merchants conduct their shopping are coordinated: every week on
Monday and Friday at the same time. Since President Jovenel Moïse assassination,
Migrant #1 has stated that the gangs have coordinated their attempts to disrupt the
population's lives by choking trade between Haiti and the Dominican Republic. To
accomplish their goals of disrupting commerce, they hold protests along merchants'
routes, obstructing their efforts to do business by prohibiting them from traveling
through and carrying products back to Haiti.
The gang protests in Haiti are more analogous to political power grabs and
techniques of disruption than the rallies we are used to observing in the United
5 British Broadcasting Corporation, Haiti President’s Assassination: What We
Know So Far (last visited Nov. 16, 2021), https://www.bbc.com/news/world-latin-
america-57762246
6 Jim Wyss, Gangs Now Run Haiti, Filling A Vacuum Left By Years of Collapse
(last visited Nov. 16, 2021), https://www.bloomberg.com/news/articles/2021-09-
02/gangs-now-run-haiti-filling-a-vacuum-left-by-years-of-collapse
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States.7 The purpose of the protests are well known in Haiti, as is the consequence
of not participating. The gangs are in charge of the destructive protests in Haiti,
and they threaten and use violence against anyone who does not join them. This
has led many people who disagree with the gangs, as well as those who have been
victims of the gangs' violet actions, to join in their message and aid in their
destruction and disruption. Migrant #1 was not one of these people; his religious
beliefs prohibited him from taking part in the violent demonstrations, even if it
meant risking his life. As a result, the gangs decided to attack him. Consequently,
Migrant #1 was compelled to hide or run whenever there was a demonstration for
fear of being injured or killed.
The police force is a traditional government institution; people who are
authorized by the government to use both the powers of force and arrest to prevent
persons from committing acts of violence. Yet, in Haiti, following the killing of
President Jovenel Moïse’s, gangs have taken control of police forces in particular
communities and threaten anybody who tries to contact the police.8 It is common,
local knowledge in some communities that contacting the authorities is risky. In
certain communities, contacting the authorities can have far-reaching repercussions
7 Catherine Porter, Natali Kitroeff, ‘It’s Terror’: In Haiti, Gangs Gain Power as
Security Vacuum Grows (last visited Nov. 17, 2021),
https://www.nytimes.com/2021/10/21/world/americas/haiti-gangs-kidnapping.html
8 Maria Abi-Habib, As Gangs’ Power Grows, Haiti’s Police Are Outgunned and
Underpaid (last visited Nov. 16, 2021),
https://www.nytimes.com/2021/10/26/world/americas/haiti-police-gangs.html
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13
that are considerably worse than not calling them. Migrant #1 resided in a town run
by gangs, and because he couldn't fight back due to his religious convictions, nor
could he call the police due to the fact that they were partnered with the gangs, he
risked his life by traveling to the gang leader's home and begging for forgiveness.
D.
Migrant #2
In the United States, the freedom to vote has long been a cornerstone of our
democracy. It empowers citizens to rule themselves and elect whomever they
believe would govern effectively in their best interests. However, in Haiti, this
right is curtailed in the most egregious manner through force and intimidation.
Migrant #2 is from a politically active family, and their political opinions are well-
known in their community. Unfortunately, in some Haitian communities, the price
you pay for being politically active is with your safety and, in some cases, your
life. Migrant #2 sought to vote in her local school's voting booths during one
election. However, because of the gangs' brutality and political activism, they not
only barred her from voting, but also threatened her life if she continued to attempt
to do so. "If you know what's good for you, leave," the gang members said.
Migrant #2 was a formidable opponent for the gangs, as was her uncle. But
her uncle’s will to engage in the political process was even more remarkable.
Unfortunately, his strong resolve resulted in him suffering tremendously. After one
of her failed efforts to vote, Migrant #2 returned to her house to inform her uncle
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of the violence that may ensue if he were to continue to make attempts to vote.
However, the gang got to him first. He was transported to the hospital after being
attacked with a machete in his own house. He lived, but he was traumatized and
grievously injured.
E.
Migrant #3
Migrant #3 had to live with the daily anxiety of needing to glance over his
shoulder for fear of being attacked by politically active gangs. It came to a point
that he was forced out of his house one night because he was afraid of being killed,
leaving behind all of his worldly possessions, friends, and neighbors, with no
intention of ever returning. One night, he was greeted at his doorstep by men who
were wielding firearms. Upon seeing them, he dashed through his house and
leaped out of his window as swiftly as he could. He had no idea that would be the
final time he would ever step foot in his house.
Even after fleeing gang violence and persecution, Migrant #3 continued to
encounter and witness horrors he could never have imagined even after arriving in
the nation that promised him freedom. He was promptly chained and placed on a
bus to be transported from El Paso, Texas to New Mexico. His feet grew badly
swollen as a result of a tight shackle being placed on it, and he caught a cold while
being kept in a detention center, rendering him particularly vulnerable to COVID-
19.
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 24 of 30
15
F.
Migrant #4
The journey from Haiti to the United States was perilous. Men and women
were frequently raped, groups were ambushed, looted, and slaughtered for the
material goods they carried with them from Haiti, and people gave birth both
outside and inside the United States. These are not unusual stories; they happened
virtually every day on the journey to the United States.9
Along the journey, many Haitians perished, many were raped and abducted,
and the majority were robbed. Migrant #4 has firsthand experience with this. He
saved up approximately $8,000 before escaping Haiti with his family to traverse
dangerous lands and seek refuge in the United States to help him along the journey.
Unfortunately, those who came before him provided thieves with a clear and direct
path to effortlessly rob Haitians. As a result, robbers took all of the money he
planned to spend to aid his family at gunpoint very early in the trip. Fortunately, he
and his family were able to reach the United States safely thanks to good
Samaritans who assisted them in whatever way they could. He and his family
would have perished if it hadn't been for their kindness. Unfortunately, his
narrative was not unusual, and many others were not so lucky; Migrant #4 claimed
9 Reuters Fact Check, Fact Check – How Haitian Migrants Make Their Way to the
U.S. Border (last visited Nov. 15, 2021),
https://www.reuters.com/article/factcheck-haiti-route/fact-check-how-haitian-
migrants-make-their-way-to-the-u-s-border-idUSL1N2QQ1XB
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 25 of 30
16
that the chances of leaving Haiti with money and reaching in the United States
with it were slim.
Women were being victimized at an astonishing rate; thankfully, Migrant
#4's family was spared. Many others, however, were not so lucky. Women,
especially pregnant women, were extremely vulnerable to being victimized, as he
and many other Haitian migrants recounted, due to their perceived incapacity to
fight back due to their pregnancy.
G.
Migrant #5
The dangers did not end there. Women were routinely raped beneath
bridges, individuals were attacked, and families were plundered in migrant camps,
with practically no redress to the United States. Other perils frequented Haitian
migrants after their arrival, mainly expulsion. Had the Haitian migrants been
allowed to seek asylum in the United States, they undoubtedly would have been
able to avoid these tragic events. Instead, the enforcement of Title 42 has led many
to be victimized by these atrocious acts of violence.
Migrant #5 and the other 19 members of her party successfully completed
the lengthy journey to the United States, arriving in Laredo, Texas. Despite the fact
that she is a Haitian national, she currently is married to a former detective who
resides with their child in Washington, D.C., both of whom are American citizens.
She wanted to go to Washington, D.C. to be with her husband and child, thus, she
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 26 of 30
17
was required to fill out paperwork prior to boarding the flight in order to be
qualified to fly. She remained up until four in the morning finishing the papers.
She was then taken by border patrol at four o'clock in the morning and forcibly
flown back to Haiti.
H.
Migrant #6
Migrant #6, a pregnant mother, risked her life to flee Haiti with her
daughter, despite the dangers of the trek. During their time in the United States,
Trustee Eudson Francois looked after the family. Trustee Francois brought Migrant
#6's daughter to McDonalds for a quick meal shortly after they arrived, a fast-food
establishment whose food is inexpensive and not particularly impressive. Despite
the fact that this meal is fast and cheap, Trustee Francois recalls Migrant #6's
daughter's expression as she had her first mouthful. Her face lit up with delight,
and she relished every bite as if she hadn't eaten in months. She did not take a
single bite for granted, for she could not know whether she would have that meal
again. At that moment, the food she ate was not just food, it was a miracle, it was
necessary, and it was a blessing.
I.
A Fear of Haiti
Prior to 2021, the people of Haiti were destitute and under attack by ruthless
gangs. It is not the case that a large number of Haitians suddenly opted to depart
because of poverty and miserable living conditions. No. The gangs are the ones
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 27 of 30
18
who have seized control by force and imposed their political stances on the Haitian
people. Rape, murder, abduction, robbery, and other crimes are all part of this
power grab. This use of deadly force is still present today.
In Haiti, the killing of the president and the gangs' ascent to power has
produced a critical threshold. With gangs seizing control of everyday life and
critical resources that the people of Haiti require, it is no surprise that they
would rather risk death and suffering by traversing perilous routes for months to
the United States. This is because they know that if they stayed in Haiti, the
government would be powerless to help them and they would likely die anyway; at
the very least, by taking this journey, they might still have a chance at a
meaningful life, or even a life in general.
These Haitian migrants, and thousands of others, risked death, rape,
kidnapping, and robbery just so that they could live in the United States, yet they
gladly took the risk to escape persecution. Evidently, sending these Haitians back
to Haiti is truly the only way to frighten them.
CONCLUSION
The District Court was correct in granting Appellee’s motion for a
preliminary injunction. Thus, the Appellee’s would likely suffer irreparable harm.
For these reasons, the Court should affirm.
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 28 of 30
19
Dated: November 19, 2021
Respectfully submitted,
/s/ Charles Tucker, Jr.
Charles Tucker, Jr., Esq.
8181 Professional Place
Hyattsville, MD 20785
Tel: (301) 577-1175
charlestuckerlawgroupllp.com
/s/ Clyde Vanel
Clyde Vanel, Esq.
229-01 Linden Blvd, Unit 110740
Cambria Heights, NY 11411
Tel: (212) 402-5472
clydevanel@vanellaw.com
Counsel for Amicus Curiae
USCA Case #21-5200 Document #1923346 Filed: 11/19/2021 Page 29 of 30
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CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT,
TYPEFACE REQUIREMENTS, AND TYPE-STYLE REQUIREMENTS
This document complies with the type-volume limit of Fed R. App. P.
29(a)(5) because it contains 3,769 words, excluding the parts exempted by Cir. R.
32(f).
This document complies with the typeface requirements of Fed. R. App. P.
32(a)(5) and the type-style requirements of Fed. R. App. P. 32(a)(6) because this
document has been prepared in proportionally spaced typeface using Microsoft
Word in Times New Roman, 14-point font, regular style.
Dated: November 19, 2021
/s/ Charles Tucker, Jr.
Charles Tucker, Jr., Esq.
/s/ Clyde Vanel
Clyde Vanel, Esq.
Counsel for Amicus Curiae
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