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Former Glenwood Springs resident's asylum case sent back to judge
No good reason given for Immigration court’s denial, lawyer says
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By John Gardner
Post Independent Staff
Glenwood Springs, CO Colorado
March 18, 2008
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GLENWOOD SPRINGS, Colorado — Henry Akim Gama’s asylum case took another turn Monday as the Immigration board of appeals sent the case back to the Immigration court for further explanation of why Gama’s case was denied to be reopened.
“(The judge) didn’t do a very good job of clarifying why he denied the case,” said Gama’s attorney Mark Barr.
Barr said that Immigration Judge David J. Cordova, who presided over Gama’s request to reopen his asylum case after missing a court date by 10 days back in August 2006, presented only a single sentence as to why the case was denied.
“He really didn’t give a good reason for denying the case,” Barr said.
After missing his August 2006 court date, Gama was later arrested on Sept. 11, 2007, and taken to a holding facility in Aurora pending a decision in the case. His counsel at the time filed to re-open the case and was denied by Judge Cordova, according to Barr.
This latest development isn’t what Barr was hoping for, but it still allows Gama to continue fighting.
“The better scenario would have been to also reopen the case and not only send it back to the judge,” Barr said. “We kind of thought this would be the result.”
Judge Cordova will now have to articulate why the request to re-open Gama’s asylum case was denied, according to Barr. This could lead to another appeal on Gama’s behalf.
“There is a possibility that he will change his mind or respond to our claim,” Barr said.
Ultimately, Barr is hoping the asylum case will be reopened and give Gama his day in court, Barr said. However, in another turn of events, Gama will remain in the holding facility until the case comes to a head either way. An emergency stay of removal granted in early February ensured Gama would stay in the country pending the board of appeal’s decision on Monday. But now that they’ve made their decision, the court has the option to deport Gama again.
“The stay of removal was active while the board of appeals was making its decision,” Barr said. “But they’ve made their decision.”
That means the stay of removal may no longer exist, according to Barr.
“If the current stay doesn’t exist, and it’s likely it doesn’t, there is a de facto stay in place that would keep him here,” Barr said. “I do not think he will be deported, for the time being, but we need to be ready to move fast if the judge makes another denial.”
Gama’s parole request was also denied on Friday, citing he showed “willingness or ability to abscond,” according to Barr. With that denial Gama will remain detained until his case plays out in court. But Barr said he will be requesting the Immigration court to reconsider the parole denial because Gama has never posed a flight risk.
“(Gama) isn’t an absconder,” Barr said. “He showed up for his court date, he just showed up on the wrong day. Call him forgetful, but he is not an absconder.”
Gama has received a great deal of support from the Glenwood Springs area. While here he worked at Rivers restaurant and spoke to schools about the political turmoil of his home country of Zimbabwe.
Contact John Gardner: 384-9114
jgardner@postindependent.com
Post Independent, Glenwood Springs, Colorado CO
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M/CLOUDY 43°
