A Cambodian American — whose lawyers contend their client was improperly deported from the US — is suing the federal government so he could return to defend himself in court.
Thy Chea, 50, was a lawful permanent resident at the time he was deported in 2018. In June of 2019, an immigration judge ruled that he should be allowed to return, while court proceedings continue.
In a complaint filed before Christmas in federal court, Chea’s lawyers said that immigration officials have “unlawfully” refused to facilitate Chea’s return.
Chea has a wife and two kids, one- and two-years-old, who live in Lowell, Massachusetts, where about 15% of its residents are of Cambodian descent. Since his deportation, his family has faced economic hardships.
His lawyers from the Greater Boston Legal Services say he suffers from post-traumatic stress disorder and depression, likely stemming from the trauma of surviving through the Khmer Rouge regime in Cambodia. His condition has worsened since his deportation, they wrote in their complaint.
Chea has been in immigration limbo for 20 years. In 1999, he was sentenced to a year in jail for assault and battery and threatening to commit a crime.
After serving his sentence, the Boston immigration court ordered him deported in 2000, but legal proceedings delayed his deportation in 2004. Apparently, with the low-priority given to his case during the Bush and Obama administrations, he got a job, raised and supported his family, avoided any legal problems, and periodically reported to immigration authorities as he was required.
However, under the immigration crackdown implemented by the Trump administration, in April, 2018, as Chea checked in with immigration, he was detained by Immigrations and Customs Enforcement. He was deported in August of that year because a judge found that Chea’s year-long sentence for threatening to commit a crime sentence was grounds enough for deportation.
According to Chea’s latest legal complaint, in the following year, a state court corrected Chea’s 1999 sentence for threatening to commit a crime, which carries a maximum sentence of only six months. If he was given the correct shorter sentence, Chea’s crime was no longer a deportable offense.
In June, 2019, the “Board of Immigration Appeals” sustained an appeal by Chea, reopened his case, and sent it back down to an immigration judge. The immigration judge said that the board’s decision meant Chea was a lawful permanent resident.
“He’s still (a lawful permanent resident) until these proceedings are completed,” the judge ruled in the complaint.
In September, immigration officials amended their “Notice To Appear,” which initially referred to the assault and battery and threatening charges, to allege a controlled substance abuse.
“Mr. Chea disputes that this defense is his,” the lawyers wrote.
As a child in Cambodia, Chea was imprisoned in a Khmer Rouge labor camp where he witnessed deaths of children and adults alike. After fleeing Cambodia, Chea who was 12 years old, his parents, and his five siblings arrived in the United States as refugees in1981.
Like many Southeast Asian refugees displaced by war, Chea’s family faced economic, linguistic, and social struggles. Despite his own difficulties, Chea helped elderly Cambodians with their paperwork and errands in his childhood communities of New Orleans and Modesto, California. His siblings universally describe him as a protector – someone who does not tolerate cruelty or bullying, and who would jump in and help with no hesitation.
When Chea moved to Lowell, Massachusetts in search of a job as a young adult, he made mistakes and served his sentence for threatening to commit a crime. As he served his sentence, Chea was transferred to immigration custody and ordered deported to Cambodia. Chea was released from immigration detention in 2001 while his attorneys appealed the deportation order.
In summary, Chea’s lawyers wrote in the new complaint: “Despite offenses that were no longer removable on his (Notice to Appear]) Mr. Chea was deported and has been forced to remain outside of the United States for over one year. Mr. Chea missed the birth of his son and recent celebration of his son’s one-year old birthday.”
“Despite regaining his lawful permanent residence status in June 2019 and many attempts to return to the United States, Mr. Chea remains separated from his family and has been unable to return home to Lowell, Massachusetts,” his attorneys concluded in the complaint.
EDITOR’S NOTE: Updated and edited for clarity Jan. 8 11 a.m.
AsAmNews has Asian America in its heart. We’re an all-volunteer effort of dedicated staff and interns. Check out our new Instagram account. Go to our Twitter feed and Facebook page for more content. Please consider interning, joining our staff or submitting a story.
