Mother of Three U.S. Citizens Fights Deportation in Oregon
Lawyers argue that Elsa Congachi de Ayala never received a proper notice regarding an order of deportation dating back to 2003.
A Peruvian woman, who is the mother of three U.S. Citizens and has lived in the United States since 2002, is currently fighting against the federal government’s attempt to try and deport her away from her family.
Elsa Congachi de Ayala, 46, is a long time resident of Hillsboro and has worked in childcare for the past eight years. Her children, all U.S. Citizens, are facing a terrible dilemma — see their mother be deported by Donald Trump’s Deportation Force back to Peru or leave the country that they call home and have ever known.
After an initial court hearing, where a government was unable to produce evidence regarding where and where Ayala’s deportation order was originally sent, the case could continue to advance in court. As reported by The Oregonian:
Attorney Elizabeth Kurlan, representing the U.S. Department of Homeland Security, countered that the federal district judge doesn’t have jurisdiction in this matter. She also said Congachi de Ayala had not exhausted her administrative challenges.
U.S. District Judge Michael W. Mosman said he understood he lacks jurisdiction, but impressed upon the Homeland Security lawyer that it appeared Congachi de Ayala lacked basic information to file a motion in time with the immigration court to temporarily delay the deportation — information “uniquely in your control.’’
Purcell asserted that the prior 2003 notice of deportation was sent to an address where Congachi de Ayala no longer lived, but he told the court he could not yet show where the notice was sent or provide proof that it was insufficient. He intends to argue that Congachi de Ayala did not receive notice of a hearing that led to her 2003 deportation order.
Mosman asked the government lawyer if she knew where the initial deportation notice was sent and when.
“This whole proceeding goes away if you tell him where it was and if it was sent,’’ Mosman told Kurlan.
Kurlan said she didn’t have that information readily available but suggested Purcell file a motion with immigration court to reopen the case with the bare information he has, and notice that he’s seeking further discovery to bolster his case.
The judge pressed whether the filing of such a motion without the full immigration record would delay the woman’s deportation, and Kurlan said it would.
“Sounds like you have what you need,’’ Mosman told Congachi de Ayala and her lawyer, noting Kurlan’s verbal commitment in his court.
If it doesn’t work, Mosman told the two they’re welcome to return to his courtroom.
Speaking to reporters, Congachi de Ayala elaborated what life in the United States meant to her and her children. “I am not a terrorist. I love this country… my children are good students. I have never done anything to harm anyone.’’
Ayala’s case is just the latest case to emerge as the Trump Administration continues to implement its destructive mass-deportation agenda by targeting undocumented immigrants with no criminal history. So much for Trump only going after the “bad hombres.”
Be sure to check out The Oregonian for more on Elsa Congachi de Ayala’s case.