Pierre Genevier
423 E 7th
street (RM 528)
Los Angeles, CA 90014
Ph.: (213) 622-1508
Emails: p_genevier@yahoo.com, pierre.genevier@laposte.net
Superior Court of California
County of Los Angeles
Pierre Genevier
(Plaintiff) |
| No:______________
VS | Complaint
For Damages:
| (Deceit)
US Citizenship and Immigration Services (Defendant) | [Amount
demanded $ 1 700 000
Los Angeles County, DPSS (defendant) | Exceeds $25 000]
CA Department of Social Services (defendant)
| Unlimited Case
MPP Stand for Manual of Policies and Procedures.
The document contains the complaint (44 pages including the list
of exhibits page 44) and 10 exhibits (89 pages).
Causes of action.
Deceits
By Pierre Genevier (plaintiff)
Against: The US Citizenship and Immigration Services (USCIS formerly
‘INS’)
The Los Angeles County (Department of Public Social Services - LACDPSS)
The California of Department of Social Services (CADSS).
Plaintiff alleges
Defendants
Defendant USCIS (‘INS’) is, and all times herein mentioned was, a
public entity existing under the laws of the State of California with its
principal place of business in Washington.
(USCIS, 425 I “eye” street N.W.,
Washington, DC 20536) (USCIS Los Angeles District Office, 300 North Los Angeles
Street, Los Angeles, CA 90012)
Defendant Los Angeles County (Department of Public and Social
Services) is, and all times herein mentioned was, a public entity existing
under the laws of the State of California with its principal place of business
in Los Angeles, California. (Executive Office of the Board of Supervisor, 383
Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA
90012) (DPSS, 12 860 Crossroads Parkway South, City of Industry, CA 91746).
Defendant California Department of Social Services is, and all times
herein mentioned was, a public entity existing under the laws of the State of
California with its principal place of business in Sacramento, California. (CA
DSS, 744 P Street, Sacramento, CA 95814) (DSS Los Angeles office, State Hearing
Division, 811 Wilshire Blvd, 11 floor Room 1118, Los Angeles, CA 90012)
Defendants’ responsibilities.
Plaintiff is informed and believes and thereon alleges that
(defendants) Mr. Robert Looney and Mrs. Janie Lee who made the representations
alleged under section deceit-1, were the Director of the Los Angeles Asylum
office and the LA-‘INS’ attorney in charge of the plaintiff’s case, and, at all
time of the making of the representations herein alleged and all times herein
mentioned were acting within the course and scope of their employment and
authority for the defendant USCIS (formerly INS).
Plaintiff is informed and believes and thereon alleges that
(defendants) Judge Mendozza, Judge Castello, and Mr. Robert C. Campbell who
made the representations alleged under section deceit-4, are the Presiding
Judge of the Los Angeles Administrative Court, the Chief Administrative Law
Judge of CADSS, and the Assistant General Counsel of the CADSS, and, at all
time of the making of the representations herein alleged and all times herein
mentioned were acting within the course and scope of their employment and
authority for the defendant California Department of Social Services.
Plaintiff is informed and believes and thereon alleges that
(defendants) Mrs. Beccerra and Mrs. Verdugo who made the representations
alleged under section deceit-5, and Mr. Lemons and Mrs. Sota who made the
representations alleged under section deceit-2, are the Director and Deputy
Director of the LACDPSS Wilshire Special District, a supervisor of the LACDPSS
Metro North District, and a LACDPSS state hearing section agent, and, at all
time of the making of the representations herein alleged and all times herein
mentioned were acting within the course and scope of their employment and
authority for the defendant Los Angeles County DPSS.
Plaintiff is ignorant of some of the true names of defendants sued
herein as does LA-INS-duty-attorney-1, LA-INS-deportation-officer-1,
LACDPSS-managers, inclusive, and therefore sues these defendants by such
fictitious names. Plaintiff will amend
this complaint to allege their true names and capacities when ascertained. (Plaintiff is informed and believes and
thereon alleges that each of the fictitious named defendants is responsible in
some manner for some of the occurrences herein alleged, and that plaintiff’s
damages as herein were proximately caused by their conduct.)
First Cause
of Action
Deceit-1
(‘INS’ intentional misrepresentations)
The allegations.
On or about
September 30, October 31 and November 13 2002 (and perhaps earlier),
defendants, INS-duty-attorney-1, Mr. Robert Looney, INS-deportation-officer-1,
and Mrs. Janie Lee pretended directly or indirectly (or suggested as a fact):
1_ That the plaintiff did not have the refugee status;
2_ That the INS status verifier who had signed and stamped the
verification of status listing him as a refugee (exh.1) had made a mistake
in reading the record. They also
indirectly pretended that they could not see on their computer where the status
verifier had read that the plaintiff had been given the refugee status (, which
is more than ‘surprising’ for the director of the asylum office, INS-attorneys
and a deportation officer).
The
representations made by defendants (verbally for INS-duty-attorney-1 and
Mrs. Lee, in writing for Mr. Looney, and both in writing and verbally for the
Deportation officer –1 see exh. 2.2 and 2.3) were in fact false. The true facts were:
1_ The plaintiff had the refugee status as the status verifier had
written it on his initial verification of status, as several of his
colleagues status verifiers confirmed it on November 13th 2002 and
as administrative judge Tolentino ‘certified’ it in his decision dated February
5 2003;
2_ The status verifier did not make a mistake in reading the record
(even after they changed their position on December 1 02, they did not
say that they had done a mistake).
Despite several complaints or requests for information (see exh. 10),
the ‘INS’ (USCIS) management and ‘INS’ office of internal audit never
denied the validity of the initial verification of status listing the plaintiff
as a refugee, (instead the Nebraska refugee center accepted the
plaintiff’s recent refugee employment authorization application, see exh.
10.4).
When the defendants made these
representations,
they knew them to be false, because either the different defendants
did not have the same information that the status verifier had to
establish the verification of status listing the plaintiff as a refugee, and in
this case they had no reason to doubt the status verifier’s reading of the
record and to doubt that the plaintiff had obtained the refugee status,
particularly when one knows that it can happen that asylum seekers receive
their refugee status after their case has been transferred to the immigration
court (as the clerk supervisor of the immigration court mentioned it, when the
plaintiff presented her the verification of status at the end of September
2002). Or they did have the same
information that the status verifier had, and in that case they should not
have blamed the status verifier for making a mistake and should not have
pretended that the plaintiff did not have the refugee status, because they
could see on their computer that the plaintiff had been given the refugee
status.
Moreover, the Director of the Asylum
office, the INS attorneys (and the immigration judge) perfectly knew that the
plaintiff had already spent almost one year in refugee shelters in Switzerland
and in Belgium after several years of difficult living condition in France (and
that he was now living in a homeless shelter).
They also knew that asylum seekers must be given the benefit of the
doubt, that they were not competent to judge certain aspects of the
case, and that the plaintiff had asked for the intellectual support of
several US universities. The
plaintiff’s application contained the description of a project proposal he
submitted to international organizations and around 20 letters of supports from
experts and politicians around the world, including 2 G8 leaders. And the description of another proposal
submitted to the international community that could have prevented the war with
Iraq (see exh. 10.6)!
So they should not have been surprised by
the fact that someone else had judged the case and granted the plaintiff the
refugee status. On July 16 2002, the
director of the asylum office had even said verbally that ‘they’ could not take
a decision on the case, and therefore that ‘they’ were transferring the case to
the immigration court. Finally, given
the nationality of the plaintiff, French, the possibility of an error was very
low (only 3 French nationals obtained the refugee status in 2002 according to
the ‘INS’ statistics).
Asylum application.
Without going into the detail of the
plaintiff’s asylum case, before coming to the US the plaintiff had applied for
asylum first in Switzerland, and Switzerland had denied his case, because he
could not pay the 600 CHF for the procedure (he complained about that at the
UN, but the UNOHCHR did not even respond!).
Then he had applied for asylum in Belgium, and Belgium denied his case
with a decision full of lies that was not even compatible with the European
Convention of Human Right. Belgium
had been sentenced by the ECHR 2 weeks before he applied on February 5 2002,
but they still refused to change their unfair decision and their social
services kicked the plaintiff out of the refugee shelter before he could even
present his appeal to the supreme court!
Finally, he came to apply in the US (after
a short stay in Canada), because the LA immigration court had granted the
refugee status to a French man one year earlier (so they knew that there
can be serious ‘justice’ problems in France!), and because he has a brother and
a sister, who are US Citizens (his brother could give him housing and
assistance only until the LA asylum office transferred his case to the
immigration court, and the plaintiff did not want that his brother and sister’s
families be victim of any form of persecutions for supporting him while he was
defending his rights and proposals, after reading this document
you may think that his fear were not unfounded).
The plaintiff wanted first to apply for
asylum in Canada, because many of the documents justifying the well founded of
his application are written in French.
But finally decided to come here, to translate only few of these
documents and to ask for the intellectual support of several US universities
that could (better) understand the work that he had done and the relation
between this work and the difficulties he had in France. The plaintiff studied 5 years in the US in
the 80s.
Status verifier responsibility.
It is also important to note that the
status verifiers verify the status of alien all day long and all year long, and
that they only do that, therefore we can trust the initial reading of the
record, particularly when it is confirmed by several other status verifiers (if
the status verifier can’t verify a status the entire control system at the INS
falls apart, and if the director of the asylum and other ‘INS’ employees don’t
even trust their colleagues status verifier, there are serious problems at the
‘INS’ that must be addressed urgently).
The defendants, particularly INS duty
attorney-1 and deportation officer-1, have shown, independently from their
dishonesty, very little respect for their colleagues status verifiers, when
they put the responsibility of an error on them, and when they mentioned ‘status
verifiers are just clerks, clerks make mistakes’ (INS duty attorney-1 on or
about September 30) and ‘ status
verifiers are clerks, they are lower than nothing’ (deportation
officer-1 comment when the plaintiff reminded him that several of his
colleagues status verifiers had just confirmed – 15 minutes earlier- the
validity of the document listing him as a refugee on November 13 2002)!
The defendants made these representations with the intention to deceive and defraud
plaintiff and to induce plaintiff to act in reliance on these representations
in the manner hereafter alleged, or with the expectation that plaintiff would
so act. They (director of the asylum
office, INS-attorneys) knew that whoever had given the plaintiff his refugee
status had pointed out their wrong (dishonest) appreciation of the case, so in
putting the responsibility of an error in reading the record on the status
verifier, they simply wanted to hide the fact that the plaintiff’s case
had been judged already by people more competent, more willing to respect the
rights of asylum seekers, and, without any doubt, more responsive of the
plaintiff’s extreme situation.
They knew that the refugee status is a
matter of life and death for the one who asks for it and obtains it, and that,
independently from their dishonesty, they had shown a total lack of humanity in
denying (or delaying) the plaintiff’s case and in hurting an individual who had
made an important work for the international community (supported by many
experts around the world). They wanted
the plaintiff to continue with the procedure at the immigration court to make
him loose his asylum case, and the possibility to obtain justice against
France, to cover their error, to hurt one individual who could not defend
himself properly and most probably for ‘political’ reasons too. They did not want the plaintiff to obtain
any (refugee) assistance to resettle in the US, or even to live in decent
conditions until the next hearing that had been unfairly set for January 23
2003.
They also did not want to give any
confirmation of the plaintiff refugee status that could have been used by the
press and media to report this special and unusual grant of asylum (in 2001 the
press and media, here and in France, had extensively reported that a French man
had received the refugee status in Los Angeles). They did not want that the press and media talk about the
important issues raised by the plaintiff’s case (political and scientific
issues), particularly the proposal that could have prevented the war with Iraq
(proposal which has political implications in the US too), and indirectly
talk about their poor appreciation of the case. And they did not want that the plaintiff get any form of credit
or recognition for his work like a presentation by the press of his proposals,
which could have helped him to obtain a job and to resettle.
Finally, it is possible, even probable,
that the plaintiff was granted the refugee status before the hearing of August
27 2003, and that both the immigration judge and Mrs. Lee knew it during the
hearing, but said nothing (this would certainly explain why the immigration
judge was very discourteous during the hearing, and why he unfairly delayed the
next hearing, since the refugee benefits are given for only 8 months after the
status is granted, in delaying the hearing 5 months, the judge may have tried
to prevent the plaintiff from getting any help to resettle). In any case their effort, their intentional
misrepresentations, was nothing else than an attempt murder and a fraud.
Second Cause
of Action
Deceit-2
(LACDPSS intentional misrepresentations-1 and suppression of fact)
The allegations
On or about December 1 2002 and December 29 2002 (and before),
defendants, Mr. Lemons, Mrs. Romie Sota, LACDPSS-managers pretended (suggested
as a fact):
1_ That the plaintiff was eligible for only 8 months of RCA after his
entry date in the United States (exh. 3.2);
2_ That the plaintiff did not have the refugee status because the
status verifier had mentioned in a phone call (on December 1) that the refugee
status had been ‘imputed by mistake’ (exh. 3.1).
The
representations made by defendants, LACDPSS-managers, Mr. Lemons (exh. 3.1)
and Mrs. Sota (exh 3.2) were in fact false.
The true facts were:
1_ The plaintiff was entitled to 8 months of RCA after the date his
asylum was granted as Judge Tolentino confirmed it in his decision (exh. 3.4);
2_ The plaintiff had the refugee status as the status verifier had
written it on his initial verification of status (exh. 1), as several of his
colleagues status verifiers confirmed it on November 13th 2002 and
as administrative judge Tolentino ‘certified’ it in his decision dated February
5 2003.
When the defendants made these
representations,
they knew them to be false because it is not possible that the LACDPSS office
(particularly its Director, Deputy Director, and supervisors) in charge of the
refugees did not know that a new law allowed refugee or asylee to get 8 months
of RCA after the date their asylum or refugee status is granted, the law had
been ‘updated’ so that, among other reasons, the Calwork program and the RCA
program can be operated in the same manner.
Moreover, on December 1 2002, the
plaintiff had brought them and showed to Mr. Lemons a copy of the Internet page
of the DSS describing this new law (see exh. 4.2). It is after the plaintiff showed Mr. Lemons this document
confirming that he was eligible for 8 months of RCA after his refugee status
was granted, that Mr. Lemons went to call the ‘INS’ and came back to say that
the INS status verifier had just acknowledged a mistake on the plaintiff status
(the error on the plaintiff’ refugee status came in very handy as you
understand)!
The defendants also knew that the proper
procedure to obtain a confirmation of the validity of an INS document was not
to give a phone call, but to send a G845S or G845 supplement form (exh.4.1)
that also allows counties (at the same time) to get the date this refugee
status was granted. They should have
followed this procedure on September 24 02, immediately after the plaintiff
applied for RCA (because he explained that he did not have the refugee status
when he entered the US) to determine for how long (or for how many months) the
plaintiff was eligible for RCA. Mr.
Lemmons and the LACDPSS managers also knew that the ‘INS’ policy states that
asking for social benefit should not affect the alien status, because they
give out a notice explaining this policy to every alien when they arrive at the
social services office (see exh. 4.3).
The defendants made these representations with the intention to deceive and defraud
plaintiff and to induce plaintiff to act in reliance on these representations
in the manner hereafter alleged, or with the expectation that plaintiff would
so act. The LACDPSS perfectly knew that
they (and the catholic charity, volag) had done several serious errors on the
plaintiff’s case on purpose (they had not followed the appropriate
procedure to get the date the refugee status was granted, they incorrectly
terminated the RCA benefits after 2 months, they had refused to give him any
housing assistance,); and they knew that these errors and the opening of almost
all the homeless letters that the plaintiff denounced in his complaint were
grave offenses that created a serious prejudice to the plaintiff, so they tried
to do everything they could to hurt the plaintiff and to discourage him from
complaining at the justice to cover their dishonest behavior. They also wanted the plaintiff and the judge
to believe that the fact that they had not sent the G845 form (at the
end of September 02) and asked for the date the refugee status was granted to
the INS was not intentional!
They wanted to steal the plaintiff several
months of RCA cash benefits and to keep him from getting certain important
benefits associated with the refugee status like housing assistance. The director of the catholic
association (volag) assigned to the plaintiff refused to give any housing
assistance (although it is one of their responsibility, see art. 69.203.1 of
MPP), because the plaintiff only had a verification of status listing him
as a refugee to justify his refugee status, (which was ridiculous because it
was the social services that had sent the plaintiff to this volag to obtain the
job training, and the DPSS had accepted this document to pay the RCA benefits,
and because, at the same time, the volag was ready to give the plaintiff
the work training – another of their responsibility!).
When they deliberately omitted to send the
G845 supplement form to the INS, they simply ‘suppress’ (avoid that the
plaintiff obtain) an important fact, the date his asylum was granted (the
plaintiff mentioned several times that he did not have the refugee status when
he entered the US and that it was why he did not have an appropriate I94)
and avoided that the plaintiff obtained a document confirming his grant of
asylum. The status verifiers confirmed
on November 13 2002 that they had the date at which the plaintiff was granted
the refugee status, but that they could not give it to him, because the LACDPSS
had to ask for this date in writing (with the G845 form). If the LACDPSS had sent this G845 form in
September or early October 02, the plaintiff could have obtained the housing
assistance from the Catholic association immediately, and the press and media
could have used this document to report this unusual grant of asylum.
The plaintiff wrote to the press and media
on November 14 2002 to explain that he had been granted the refugee status, and
to describe his proposals and the difficulties he was having (with the social
services and the ‘INS’), but they did not respond (perhaps among other reasons
because they could not have a confirmation of this grant of asylum). In suppressing this important fact (the date
the asylum was granted), the LACDPSS probably also tried to avoid that he press
and media talk about the plaintiff grant of asylum. And if the date the plaintiff was granted the refugee status is
anterior to August 27th 2002, date of the first hearing, they may have tried to
cover the dishonesty of the judge and the immigration lawyer who did not
say anything during the first hearing (this procedure will hopefully clarify
when the plaintiff was initially granted the refugee status and when the deceit
or fraud started exactly).
Third Cause
of Action
Deceit-3
(LACDPSS intentional misrepresentations- 2,
compliance
problems)
The allegations
On or about March 13 2003 and April 02 2003, defendant,
LACDPSS-managers continued to pretend (to suggest as fact):
1_ That the plaintiff did not have the refugee status, first because
the plaintiff did not present a new verification of status (exh. 5.1), and then
because the ‘INS’ sent them an altered verification of status (exh.
5.3);
2_ That they did not ‘determine’ the date the plaintiff was granted
asylum (exh. 5.2), and therefore indirectly, that the appropriate procedure to
criticize the decision of Judge Tolentino was through their notice of action,
compliance report, instead of filling a rehearing request or a petition at the
superior court;
3_ That the appropriate procedure for the plaintiff to complain
about their compliance was to present a new request at the state hearing
division on exactly the same issue (the validity of the initial verification of
status);
4_ That the plaintiff was not eligible for permanent housing
assistance (because his permanent status had not been established - see exh.
5.1), and for homeless assistance.
The representations made by defendants, LACDPSS (notices of action exh. 5.1 and
5.2) were in fact false. The true facts
were: 1_ The plaintiff had
the refugee status as the status verifier had written it on his initial
verification of status, as several of his colleagues status verifiers
confirmed it on November 13th 2002 and as administrative judge
Tolentino ‘certified’ it in his decision dated February 5 2003.
The DPSS had no proof that the original
verification of status was not a valid document (the altered verification is
not a proof that the initial document is not valid, and was not different than
a phone call from the ‘INS’ that the judge had not accepted as proof of the
change of the plaintiff’s status). The
‘INS’ management had given no written document confirming that an error had
really been made, despite the fact that the plaintiff had denounced the fraud
on his status to the ‘INS’ office of Internal audit and to the ‘INS’
management, because this pretended change of status was simply a lie and a
fraud.
2_ The compliance report, notice of action, is not
made to criticize the judge’s decision, the appropriate procedure to criticize
an administrative decision is to file for a rehearing or for a petition at the
superior court.
3_ The appropriate procedure to complain about a compliance issue is
not to file another complaint, au contraire, the regulation says that the
plaintiff has not right for a new hearing on compliance issues (art. 22
078.31 of the MPP);
4_ The plaintiff’s permanent status had been established with his
initial verification of status, and therefore he was eligible for permanent
housing assistance as the judge wrote it; and because the US (law) does not let
refugees in the street (even if the volag don’t want to give them
housing). And he was entitled to the
additional $ 400 of homeless assistance as the judge had written it on the last
page of his decision.
When the defendants made these
representations, they
knew them to be false, because: 1_Judge
Tolentino had just stated in his decision that he did not trust the information
given over the phone by the ‘INS’ status verifier and that the LA County should
help the plaintiff get the date his asylum was granted. The decision of the judge never mentioned
that the plaintiff had to present a new verification of status, or that the
initial verification of status was not valid, au contraire it ‘certified’ that
the document was valid and that the plaintiff was granted the asylum. The LACDPSS made no effort to get this date
with the G845 supplement form for example, or through a letter sent to the INS
management to obtain a clarification of what happened or through a petition at
the superior court to let a judge decide, because they knew what had
happened. All the evidences show that ‘they’
asked the status verifier to lie about the plaintiff status after the plaintiff
asked for a hearing on November 14 02, and that some social services and
‘INS’ employees jointly organized the fraud on the plaintiff refugee status.
Moreover to support their fraudulent
misrepresentation, they did not hesitate to present an altered document
send by the INS status verifier, same verification of status where the word
refugee had been blanked, and the plaintiff employment authorization date had
been added (see exh. 5.3). It was
obvious that this document was a ‘fraud’, because the plaintiff did not
have an employment authorization on September 5 when the document was issued,
and did not prove at all that the initial document was not valid, (it was not
different than a phone call from the INS status verifier that the
administrative judge did not accept).
The ‘INS’, itself, does not accept altered document as valid document
(see G845 S form exh. 4.1).
2_ The LACDPSS also perfectly knew that the appropriate procedure to
criticize an administrative decision was not to write the problem
on the notice of action, compliance report, but to ask for a rehearing or to
present a petition at the superior court, because it is written on the
decision. And they also knew that
if they wanted to present new evidences that may change the decision
they had to explain it in a rehearing request or in petition at the superior
court, since it is written of the decision ‘If you want to present
additional evidence, describe the additional evidence and explain why it
was not introduced before and how it would change the decision.’ (see first page of exh. 3.4)
3_ They also knew that the appropriate procedure for the plaintiff
was not to present a new complaint because the plaintiff had presented to them
the regulation article which stipulates that the plaintiff cannot present a new
complaint on a compliance issue.
4_ And finally they knew that the plaintiff was eligible for
permanent housing assistance and homeless assistance as the judge wrote it in
his decision (they did pay part of it, the additional 400 dollars for temporary
shelter), because they knew that his permanent status had been established with
his initial verification of status, and because the refugee resettlement
program give housing assistance to refugees.
The defendants made these representations with the intention to deceive and defraud
plaintiff and to induce plaintiff to act in reliance on these representations
in the manner hereafter alleged, or with the expectation that plaintiff would
so act. They wanted to use the time
to impose their point of view to the plaintiff, they wanted to have Judge
Tolentino’s decision changed without having to follow the appropriate procedure
because they knew they were wrong and that an honest judge would never accept
an altered document to justify a pretended re-determination of a refugee
status. All the evidences show that some
social services and ‘INS’ employees organized the fraud on the plaintiff’s
status to lower their responsibility in all these errors, to punish the
plaintiff for defending his rights, and probably for ‘political’ reasons too,
so they could not go in front of an honest judge, and risk seeing their fraud
to be discovered!
If the social services employees had not
been part of the fraud, they would not have hesitated to ask for additional
information to the ‘INS’ management, or to file a complaint at the court to let
a judge decide which document was valid and when the status was granted. They also wanted to put the burden of a new
complaint to the justice on the plaintiff, because they knew that he was living
in extremely difficult condition and could not present a complaint
properly. They did not want to admit
their initial intentional misrepresentations and their errors in writing,
because they knew they had created the plaintiff a very grave prejudice, and
did not want the plaintiff to have a document he could use in a civil court to
obtain compensation. And finally they
did not want the plaintiff to obtain any housing assistance to hurt him as much
as possible and to make it impossible for him to file new complaints properly
and to resettle in the US.
Fourth Cause
Of Action
Deceit-4
(DSS intentional misrepresentations, Mendoza, Castello, Campbell)
The allegations
Misrepresentations made by Judge Mendoza.
On or about May 2 2003 (and before) defendant, Judge Mendoza,
pretended (suggested as a fact) in his letter (exh. 7.1):
1_ That the plaintiff had not already contacted the
LACDPSS to discuss the problems of compliance, and that, if the plaintiff did
not agree with the LACDPSS compliance report, the appropriate procedure was to
contact the county.
2_ That the ‘INS’ ‘had issued a notice saying that the
plaintiff was not refugee’, and therefore that the altered document
was a reliable document to indicate that the plaintiff refugee status
had been changed and that the appropriate procedure for the county was to
criticize the decision in its compliance report. That if the plaintiff wanted to dispute this finding (the new INS
document), he should contact the ‘INS’, and therefore that the plaintiff had
not already contacted the INS appropriate office.
The representations made by defendants Judge Mendoza were in fact false. The true facts were:
1_ The plaintiff had already contacted the LACDPSS several
times to complain about their dishonest compliance with his decision (see exh.
6). And after these different contacts
with the LACDPSS, the plaintiff had contacted Mr. Ceja from the compliance unit
at the Administrative Court. Mr. Ceja
had inquired about the issues raised by the plaintiff and presented the
documents to Judge Mendoza who had decided to handle the matter personally (see
exh. 6).
The regulation does not say that the
victim must contact the county several times to discuss the compliance
problems. In fact, the regulation says
that the county must explain on its compliance report that the plaintiff can
contact the Department if he/she does not agree with the compliance (art
22.078.22 of the MPP), which the LACDPSS did not do of course (see exh. 5.1,
5.2). The regulation also stipulates
that the Department should evaluate the compliance report and produce a notice
or notification explaining, if the compliance is appropriate or not, and if it
is not appropriate what are the appropriate steps that must be taken to comply
fully (art. 22.078.3, 22-078.6 .61, .62 of the MPP).
2_ The ‘INS’ did not issue a notice saying that the plaintiff did
not have the refugee status. The status
verifier issued an altered verification of status (same initial
verification of status where the word refugee had been erased and the date of
the plaintiff’s employment authorization had been added exh. 5.3), as already
mentioned. This document was
necessarily a ‘fraud’ as already explained on line 414-416! Moreover the LA County should have presented
its new evidence in a rehearing request or in a petition at the superior
court. And the plaintiff had already
contacted the ‘INS’ office of Internal Audit to denounce the employees
misconduct and the fraud on this pretended change of status.
When the defendant, Judge Mendoza, made
these representations, he
knew them to be false, because:
1_ The plaintiff had explained him and Mr. Ceja that the LACDPSS
refused to comply and even refused to give him the altered document sent
by the ‘INS’; and as Presiding judge, he could not ignore that the regulation
says that the plaintiff can contact the Department, if he does not agree with
the compliance and that the Department must evaluate the compliance and
establish a notice or notification about the compliance to say, if it is or not
appropriate! Especially after the
plaintiff reminded him these regulation articles verbally and in writing (see
exh. 6.6). He could not ignore
also that time is an important factor (for claimants and) in the regulation
since the regulation gives time limits to counties to perform certain actions
(30 day to produce the compliance report for example, delay that they did
not respect, art. 22.078.2 of MPP).
2_ The defendant could not ignore that the altered verification of
status issued by the same status verifier was not a reliable document on a
matter as important as the change of a refugee status, a matter of life and
death, and was not different than a phone call that his colleague, the Deputy
Presiding Judge, Mr. Tolentino, had judged not trustworthy. He also could not ignore that his deputy,
Judge Tolentino, had confirmed the validity of the initial verification of
status and had ‘certified’, in some way, that the plaintiff had the refugee
status (when he wrote in his decision that the LACDPSS should help the
plaintiff to ‘get the date his asylum was granted’). And he could not ignore that the LA County
should present its new evidence at the superior court.
Finally Judge Mendoza perfectly knew that
the plaintiff had followed the appropriate procedure at the ‘INS’ to denounce
the employees misconduct and the misrepresentation made on his status, because
the plaintiff presented him a copy of the complaint sent to the ‘INS’ office of
internal audit (exh.11.1), which proved also that the plaintiff had given
exactly the same information about the fraud to the administrative judge and to
the ‘INS’ office of internal audit.
And he knew that the ‘INS’ management had not responded or confirmed
that the status verifier initial document was not valid.
Judge Mendoza made these representations with the intention to deceive and defraud
plaintiff and to induce plaintiff to act in reliance on these representations
in the manner hereafter alleged, or with the expectation that plaintiff would
so act. He did not want the plaintiff to obtain the benefits granted by Judge
Tolentino, and he wanted that the plaintiff presents a new complaint (on this
same issue, the validity of the initial verification of status listing the
plaintiff as a refugee) to win time and to change Judge Tolentino’s decision
without having to follow the appropriate procedure to cover the errors made by
the LACDPSS.
He wanted to hurt the plaintiff as much as
possible by pretending he had not been granted the refugee status (in a
previous meeting he had told the plaintiff:
‘we are going to send you back to France’), and by keeping him in
the street. He also did not want to
write the appropriate notice on the compliance, because he knew he was wrong
and did not want to give a written proof of his dishonesty that the plaintiff
could have used in a
court of law.
Misrepresentations made by Judge Castello.
On May 28 2003, defendant, Judge Castello made the
following representations (exh. 7.2) to plaintiff:
1_ ‘It appears from the information contained in your file, Los
Angeles (LA) has now decided to challenge the designation of your
refugee status as the result of the INS informing them of their initial
mistake.’ and ‘Judge Tolentino initial
determination that you were a refugee,
is not binding on LA County subsequent actions as they relate to
the federal governments re-determination of your refugee status’.
2_ ‘A new notice of action (NOA) dated April 2, 2003 mailed to
you confirms that the county has substantially complied with
judge Tolentino’s decision Order…’, and
‘since the NOA states that you are not eligible for the last month of
RCA benefits because of the new INS re-determination of your immigration status
and that you are not eligible for housing assistance, you have the right to
request a new hearing to challenge the county’s representation that the federal
government did indeed change your immigration to a non refugee status, the
judge at the hearing has no authority to modify a federal government
determination.’
3_ ‘The county has the burden of proof to submit evidence
to support their determination of your immigration status and the appropriate
regulations and laws that determine your ineligibility for housing assistance
and /or other social services benefits’.
4_ ‘The regulations and the order cited by judge Tolentino
correctly state that recipients of RCA benefits are not entitled to homeless
assistance.’
The
representations made by defendant, Judge Castello, were in fact false. The true facts were:
1_ The LACDPSS had already decided to challenge the
designation of the plaintiff refugee status as the result of the ‘INS’ status
verifier informing them over the phone (on December 1 2002) of their
‘pretended’ initial mistake during the first hearing, because the
LACDPSS had presented a note from Mr. Lemons (exh. 5.2) saying that he had
called the INS status verifier who had acknowledged that the refugee status had
been ‘imputed incorrectly’ (meaning the error, if there were really an
error, was not made by the status verifier).
And Judge Tolentino initial determination
that the plaintiff was a refugee, is binding on
LACDPSS ‘subsequent actions as they relate to the federal governments
re-determination of the plaintiff refugee status’, because the LACDPSS had
already made reference to this re-determination of the plaintiff refugee status
during the first hearing (the validity of the initial verification of status
was a compliance issue), because Judge Tolentino (who has the authority to
evaluate the existing documents to determine the status of an alien, see exh.
8.2 page 2) had not given any credit to the phone call made by Mr. Lemons to
the status verifier office, and because the decision state that if the parties
want to present new evidence, they must present them to the rehearing unit or
the superior court, explain why these evidences were not presented earlier and
how they can change the decision.
Moreover the procedure is not to call ten
times or hundred times the status verifier office to know, if the verification
of status is valid or not, there is a special procedure which allows the
counties to submit a G845S or supplement form to obtain a confirmation of the
validity of the document and additional information like the date a status is
granted, the LACDPSS did not follow this procedure on purpose to steal
the plaintiff several months of RCA benefits as we have seen already.
2_ The notice of action does not confirm anything, it
only gives a report of the compliance by the county, it is the job of
the Department to confirm or not if the compliance is appropriate. The regulation does not say that it
is OK to comply ‘substantially’, especially when ‘substantially’
incorrectly means not paying 8 months of RCA benefits, and not giving a room
and medical protection to a homeless! In the regulation either the compliance is appropriate or it is
not appropriate.
There has been no re-determination of the
plaintiff’s immigration status by the ‘INS’, the ‘INS’ management never gave
any response to the plaintiff’s complaint at the office of Internal Audit and
has never given any document saying that the initial verification was in fact
incorrect. There were only
misrepresentations of the actual facts that the plaintiff denounced to Judge
Tolentino during the first hearing and the Judge has determined that based on
the document he had the initial verification of status is valid!
If the County does not agree with the
order, it must file a complaint either at the rehearing unit or the superior
court, particularly if it thinks it has as new ‘proof’ (not presented at the
hearing), an altered document.
And the plaintiff has no right for a new hearing on a compliance
issue as the regulation stipulate it art. 22.078.31 of the MPP. The issue of the pretended error of the INS
on the plaintiff’s status had been discussed during the first hearing and
therefore was a compliance issue.
3_ The LACDPSS had the burden of proof to submit
evidences to support their determination of the plaintiff immigration status
and the appropriate regulations and laws that determine his ineligibility for
housing assistance and /or other social services benefits. Based on the proofs it presented, the Judge
explained that the plaintiff had the refugee status and that the evidences
showed that he was eligible for permanent housing assistance.
4_ The decision of Judge Tolentino says on one page that the
plaintiff is not eligible for homeless assistance and the additional 400 $ it
requested, but it also says on the last page that the plaintiff is eligible for
this 400$, so the order does not just state that the plaintiff is not eligible
for this homeless assistance, there is an apparent ‘contradiction’, which is
explainable. The regulation, which says
that a refugee is not eligible for homeless assistance, also says that if the
volag or sponsor is unable or unwilling to provide the refugee benefits, cash
benefit can be granted according to the Calwork standard (art. 69-203.27, 28 of
MPP). Moreover the issue was not just
about the homeless assistance, but also about the permanent housing
assistance.
When the defendant, Judge Castello, made these
representations (and immediately after), he knew them to be false, because
these issues were precisely the issues that the plaintiff had raised in his
complaint about judge Mendoza’s appreciation of his case (exh. 6.6 and 6.7) and
had underlined again in his letter of complaint dated July 11 2003 (exh.
8.1). Moreover he could not ignore that
the altered document presented by the INS was a fraud and did not prove
anything about the reality of the plaintiff refugee status or an eventual
re-determination of the plaintiff refugee status (especially after the
plaintiff had sent a complaint to the ‘INS’ office of internal audit).
He could not ignore that the plaintiff had
followed the appropriate procedure at the ‘INS’, since he had and used (for his
letter, see page 1) a copy of the complaint sent to the ‘INS’ office of
internal audit. If the initial
verification of status had been a mistake the ‘INS’ office of internal audit
would have mentioned it immediately.
Finally Judge Castello can be considered as an expert in administrative
law and cannot pretend that he does not know the difference between a
compliance issue and a compliance related issue. The plaintiff had stressed this particular point in his letter of
complaint. And he cannot pretend either
that he does not know the appropriate procedure to criticize administrative
decisions since he reminded the plaintiff of it at the beginning of his
letter (see exh. 7.2).
Judge Castello made these representations with the intention to deceive and defraud
plaintiff and to induce plaintiff to act in reliance on these representation in
the manner hereafter alleged, or with the expectation that plaintiff would so
act. He wanted to use his status of
expert in administrative law to try to discourage the plaintiff from denouncing
again the outrageous behavior of the LACDPSS and of Judge Mendoza. He wanted to encourage the plaintiff to
present a new complaint at the state hearing division to make him loose both
time and the benefits granted by Judge Tolentino, and to put the burden of a
new complaint on the plaintiff who he knew was living in extremely difficult
conditions and could not do it easily.
He used the term ‘substantially’ to try
minimize the fact that the LACDPSS deliberately refused to ‘credit’ the (7)
months of RCA that had been paid already as judge Tolentino had ordered it, and
to pay any permanent housing assistance, which was critical for the plaintiff,
and to try to minimize judge Mendoza mistake.
And he promoted the system, which consists (for counties) in criticizing
the decision in the notice of action, compliance report, instead of with the
appropriate procedure, and with the help of the presiding judge and the time,
in having the decision of justice unfairly changed. This system is very dishonest, but seems to be widely used to rob
the poor from the benefits they obtain through the state hearing process, and
to cover the grave errors (or frauds) of counties.
Misrepresentations made by Mr. Campbell.
On October 2 2003, defendant, Mr. Campbell, intentionally
misrepresented the important issues raised by the plaintiff, intentionally
misrepresented the order of the decision, and intentionally misrepresented the
facts. He writes in exh. 7.3:
The facts:
1_ ‘In this case though the county apparently did not disagree
with the decision (a) as it understood it and took steps to comply with
it. The Department had no reason to review the county compliance statement in
detail until you first complained. The
process the Department then followed was appropriate (b). The Department did not ignore or change the
decision of the administrative law judge.
The department reviewed the decision to determine if the county
correctly complied with it and its initial determination was that the county
had complied with the provisions of the decision (c). After much effort on your part, the
Department ultimately agreed with your complaint on the issue of whether the
county should have provided Refugee Cash assistance benefits for April
2003. Unfortunately, it took time for
the department to make the correct determination on that issue.’ (exh. 7.3 page
1)
The order of the decision:
2_ The number
of RCA months to be paid (d). ’ It appears from your statement
that you believe your are entitled to 8 months of payment in addition to any
aid paid pending that you received prior to the decision. That is not how the
Department interprets the order of the administrative judge. …’, ‘... The county could ‘credit’
meaning subtract, that amount from the eight months in determining how
much you were still to be paid…’ (exh. 7.3 page 2, 3)
3_ The permanent
housing assistance and homeless assistance (e). ‘The second
issue concerns your illegibility for homeless assistance…’, ‘the judge is clear
that you are not eligible for homeless assistance…’ (page 3), ‘In
you letter of September 8 you assert that the judge did not state that you were
not eligible for housing assistance. In support …’ ‘ You then quote the order from page 6 of the decision which
state that ‘Los Angeles county shall reevaluate the claimant’s eligibility fro
permanent housing assistance, effective November 21, 2002, and issue such
benefits , as otherwise eligible. You
assert that the judge would not have made such an order if had thought that you
were not eligible for housing assistance…’. (exh. 7.3 page 3)
The issues raised by plaintiff:
4_ ‘ You (the plaintiff)
contend that the administrative law judge in his decision determined your correct
immigration status and appear to assert that it can only be changed by order of
the superior court even if the INS has subsequently re-determined your status (f). The Department views this issue somewhat
differently.’, ‘ it appears that
the administrative law judge appropriately refused to consider testimony from
the county at the hearing to show that he INS had re-determined your refugee
status. The testimony was not supported by any documentary evidence from the
INS. However, that does not mean that
the county would be precluded in the future from acting on reliable
documentation (g) from the INS that your status has changed’. ‘Judge Castello is correct (h)
that only the INS can make the determination concerning the immigration status…’
(exh. 7.3 page 4).
The
representations made by defendants, Mr. Campbell, were in fact false. The true facts were:
1_The LACDPSS did not agree with the decision (a),
because its first action was to ask the plaintiff to present a new verification
of status, although there is a G845S form that allows the county to inquire
about the validity of a document and about the date a status has been granted
(see exh.4.1). Moreover, the plaintiff
had explained in writing and at the hearing that the status verifier had told
him on November 13 2002 that they could not give him the date his asylum was
granted, because the LACDPSS had to ask for it in writing.
‘The process the Department then
followed’ was not appropriate (b), because the
plaintiff first complaint was at the end of March 03 when he contacted
Mr. Ceja of the compliance unit at the administrative court (exh. 6.2), and
because after this first complaint the Department, the presiding judge (on May
2, exh. 7.1), did not determine if the compliance was appropriate as the law
requires him to do, and to do rapidly.
The ‘time’ is an important element of the regulation, which is perfectly
understandable when one knows the very difficult condition in which the (poor)
victims of administrative errors may live in.
The regulation says ‘upon receipt of the
compliance report the Department must determine if the compliance is
appropriate or not’, but it does not say that the Department must
send again the claimant to talk to the county, as Judge Mendoza did.
The Department’s initial determination was
not that the Department thought the county had complied with the
provisions of the decision (c), because Judge Mendoza never clearly
wrote it (and neither did Judge Castello), au contraire he asked the plaintiff
to go back and talk to the county, which means that he knew they were wrong,
so he should have explained the county the appropriate steps to follow to
comply fully with the decision. The
Presiding Judge wrote that the county had sent a report saying that it had complied
with the decision, but this does not means that the Department think that the
compliance is appropriate.
Then Judge Castello, did exactly the same
thing, he mentioned that a new notice of action confirm that the county has ‘substantially’
complied with the judge’s order. The
regulation does not say that the county must comply ‘substantially’ (especially
when the difference between ‘substantially’ and ‘fully’ or ‘honestly’ is
8 or 7 months of RCA, a room and medical protection for a homeless),
it say that the county must comply with the decision, and if this
compliance is not correct or complete the Department must explain the county
what steps must be taken to comply (fully).
And again the regulation does not say that the victim must present a new
complaint on exactly the same issue, au contraire, the regulation says exactly
the opposite as already mentioned (art. 22.078.31 of MPP). So it is obvious that the Presiding judge
and the Chief Administrative Law judge have lied, have used imprecise language,
have not done their compliance evaluation job properly, and have recommended
improper steps to be taken on purpose ‘or intentionally’.
On the order of
the decision.
2_ The
number of RCA months to be paid (d), the true fact is that ‘credit’
does not mean ‘substract’, as Mr. Campbell explains it,
but add. According to the Random House
Dictionary ‘credit’ means: ’10. a sum of money due to a person,
anything valuable standing on the credit side of an account, 13. a deposit or
sum of money against which a person may draw’. And this is very understandable too. The RCA cash assistance of 330$ is
significant, if all the other benefits of the RCA program (like housing
assistance, medical assistance) are given at the same time. If the refugee does not get the housing
assistance, he must pay for a room somewhere, and in LA the cheapest room one
can find is 135$/week, so after paying the hotel for two weeks, he is
again in the street, and has no stability, security, etc. to start his
resettlement in the US (the plaintiff has applied everywhere for a low cost
room, SRO, housing authority, etc., but all his applications were denied).
Judge Tolentino knew that perfectly, and
he knew that the regulation cannot possibly accept that a refugee be left in
the street when he just has been granted his refugee status (refugees most of the time have to go
through extremely difficult living condition like the plaintiff had for years,
see also exh. 4.2). Moreover a refugee
should not have to complain several times or every two months to the justice to
obtain his 8 months of RCA, because while the refugee writes the complaint, he
cannot look for a job, especially if he has to live in the street and carry his
bags all around. And finally these 8
months should give some perspective to organize the resettlement, it is not ok
to give 2 then 5 months, while waiting for the result of a complaint and one
month several months later!
3_ The
housing assistance (e). The
second issue is not (or not just) about the homeless assistance, but about permanent
housing assistance. No, Judge
Tolentiono is not clear that ‘you (the plaintiff) are not eligible for
homeless assistance’ (see below line 820-824). Yes, the judge would never have written the decision as he did,
if he did not think that the plaintiff was not eligible for permanent housing
assistance and for the additional $400 of once in a life time homeless
assistance (the LA County even agrees with the plaintiff on this point, because
it wrote in its first notice of action, exh. 5.1, ‘since your permanent
status has not been established, LA county is not able to approve permanent housing
assistance payments…’, meaning a refugee is eligible as Judge Tolentino
suggested it).
Mr. Campbell never mentioned, for example,
that if the judge did write on page 2 and 5 that refugee were not eligible for
homeless assistance (and the remaining 400$ of the once in a lifetime
assistance), he also wrote at the end of the decision on page 6 exactly the
opposite, since he wrote that the plaintiff was eligible to get this
remaining 400 $ homeless assistance.
What should we think? Should we
think that Judge Tolentino, the deputy presiding judge, has a disturb mind, and
this is why on page 2 and 5 he writes something and on page 6 he writes exactly
the opposite? Or should we think that
he has a certain expertise in administrative law, and he is trying to explain a
detail of the regulation to the LA County, and the plaintiff?
The plaintiff explained in his rehearing request that this
apparent ‘contradiction’ can be explained.
At first the plaintiff was not eligible because the initial housing
assistance is usually the responsibility of the volag under the
RCA program (art. 69.203.01). Now if
the volag cannot (or does not want to) help the refugee with housing, he should
not be left in the street, an honest regulation would not allow that, and as
the plaintiff mentioned in his rehearing request, there is an article of the
regulation (art. 69.203.27, 28) that plans for this eventuality and that allows
the counties to pay certain cash assistance to the refugee (the volag did not
pay) according to Calwork standard. So
at first the plaintiff was not eligible for housing assistance, but after the
volag had refused to give him this housing assistance, he became eligible for
the Calwork permanent housing assistance and homeless assistance benefits on
November 21 02 when the problem was addressed.
(This is at least a logical explanation to Judge Tolentino’ decision,
certainly a more honest one than saying it ok to let a refugee sleep in the
street).
On the issue raised by the plaintiff:
4_ It is not just the plaintiff who asserts
that only the superior court or the rehearing unit can change the order of the
decision (f), it is also the Chief Administrative Law Judge, Mr.
Castello, in his letter dated May 28 2003.
Moreover the plaintiff does not say that the pretended
re-determination took place after the decision of Judge
Tolentino, since he repeated over and over that the validity of the initial
verification of status was an issue raised in the first hearing, and was
therefore a compliance issue. And the
‘INS’ never re-determined the refugee status of the plaintiff, at least never
said in writing that it did. The status
verifier presented an altered document that is all. Mr. Campbell also knew that asking for
social benefits should not affect the alien immigration status.
‘Acting on reliable
document’ or the reliability of the altered verification of status,
(g), was the first issue raised by the plaintiff (see exh. 8.1 p 4) (but
Mr. Campbell omit to talk about that).
An altered document presented by the same person who is accused
to have done a mistake and did not recognize his mistake, cannot be
considered as a reliable document, and it is no different than a phone
call. And this document does not say
that the plaintiff’s status has changed, it only says that the plaintiff has an
employment authorization, which is true like many or all the refugees have
before they get their permanent resident card.
Judge Castello is not correct that only INS can make a
determination on the plaintiff immigration status (h), because the
plaintiff presented the ‘INS’ internet page on this subject (exh. 8.2) which
says ‘what can states do to verify status before the BCIS issues a final new
regulation on the new verification system’, Answer: The law does not address
this issue; states can decide whether to rely on self certification, document
review, or contacting the BCIS…’.
When the defendants made these
representations, he
knew them to be false, because the plaintiff had underlined all these important
points in his letter dated July 11 2003, that Mr. Campbell, Mr. Bolton, and
Mrs. Saenz received. Moreover, Mr.
Campbell knows he is lying when he writes: ‘the county apparently did not
disagree with the decision as it understood it…’ (a). If the order says, help the plaintiff get
the date his asylum was granted, and the county asks the plaintiff to present a
new verification of status, it obviously disagrees with the order, particularly
if it writes on its notice of action that it is not the county that determines
the date the asylum is granted.
The decision never said that it was the
county that determines the date the asylum is granted, it only said that the
county should help the plaintiff get the date his asylum was granted with the
G845 form for example, or with a letter to the ‘INS’ management to have some
clarification about the contradictory information sent by the status verifier
or finally with a petition to the superior court to ask which verification of
status is valid and when the refugee status was granted! Mr. Campbell perfectly knew that the
Department did not follow the appropriate procedure (b), because the
plaintiff had described precisely the article of law referring to the
compliance process, and it was obvious that neither Judge Mendoza nor judge
Castello had written that the county had properly complied since one sent back
the plaintiff toward the county and the other talked about ‘substantial’
compliance!
‘Credit’ never means ‘subtract’, Mr.
Campbell perfectly knows that (d), just as he knows that the refugee should not
have to sent a complaint every two months to get his RCA benefits. And the refugee resettlement program gives
refugees housing assistance (e), cash benefits, and medical protection,
Mr. Cambpell knows that also. The
plaintiff had also explained the detail of the housing assistance issue and of
the difficulties he had with the volag in his rehearing request, so Mr. Campbell
who studied the rehearing request could not ignore this point either and the
fact that Judge Tolentino is not ‘clear’ on the homeless
assistance issue.
Mr. Campbell also knew that an altered
verification of status was not a reliable document (g) (especially
when a formal complaint for employee misconduct has been sent to the
appropriate ‘INS’ office), that the pretended re-determination of the plaintiff
refugee status had been discussed during the first hearing and that Judge
Tolentino had not given any credit to this pretended change of status, and that
the LA County should present its new evidence to the superior court or the
rehearing unit (f). And Mr.
Campbell could not ignore the INS directive on the SAVE verification system,
because the plaintiff had presented the ‘INS’ internet page on this issue in
his letter dated July 11 2003 (exh. 8.1 p 2), so he knew that Judge Castello
was not correct on this issue (h).
The defendant, Mr. Campbell, made these
representations with
the intention to deceive and defraud plaintiff and to induce plaintiff to act
in reliance on these representation in the manner hereafter alleged, or with
the expectation that plaintiff would so act.
Mr. Campbell wanted to cover the dishonest appreciation of the case made
by his two colleagues, Judge Castello, and judge Mendoza, and to cover the many
grave errors made by the LACDPSS. He
says that ‘credit’ means ‘subtract’ to minimize the error made on
the plaintiff status (if ‘credit’ means ‘add’, as it does, the CADSS is
stealing 8 months of RCA to the plaintiff, a homeless!). He even recommends to the plaintiff to
present a petition for judicial review at the superior court, because he knows
that this procedure cannot lead to any compensatory damage and any punitive
damage, and therefore that even if the superior court did give reason to the
plaintiff, he and his colleagues would not risk anything or any punition for
their dishonest behavior.
He also knew that the plaintiff was in
such a difficult situation that the probability that he presents any complaint
for compensatory damages at the justice was very low, because no lawyer or
legal help assoication would help anyone that does not have any money on this
kind of case (to prepare this complaint required the plaintiff more than 7
weeks of work without counting the necessary research time spent on the
previous complaint). Mr. Campbell like
his colleagues wanted to hurt the plaintiff as much as they could (and to keep
him in the street with nothing) for having denounced their outrageous behavior
toward him and the poor in general. The
different defendants demonstrated that they absolutely don’t care about what
the regulation says (even when someone brings the exact article that refers to
his case). And if a poor dares to
complain, they steal him/her his/her benefits, and force him/her to complain
over and over, because they know that the time is on their side and that the
claimants don’t have the money or the living condition to complain properly,
and that if they do succeed, they do not risk anything under the normal
complaint process (rehearing and judicial review)!
Elements of Laws.
Misrepresentation of law.
‘Absent special circumstances, a misrepresentation of law is not
actionable fraud. That is, a representation of law by a layperson not occupying
a confidential relationship to whom it is addressed and based on facts equally
known or accessible to both does not ordinarily justify reliance on the
representation. Exceptions. The rule precluding liability for misrepresentation
of law has several exceptions. An
exception also exists when the party expressing the opinion purports to have
(or is reasonably believe by the other party to have) expert knowledge
concerning the matter.’
CAC. of pleading practice.
Judge Tolentino, who rendered the decision dated February 5th
2003, is the Deputy Presiding Judge of the LA region, Judge Mendoza is the
Presiding Judge for the LA Region, Judge Castello is the Chief administrative
law judge of California DSS, and Mr. Campbell and Mr. Bolton, his supervisor,
are the Deputy Legal Counsel and Legal Counsel of the California DSS, so it is
clear that these people can be qualified as expert in their field of
administrative law, and therefore are not protected by the general rule concerning
the misrepresentation of law.
Similarly Mr. Diaz, director of the LA County state hearing
division, (and higher level managers at the LACDPSS) can also be considered to
be an expert in administrative law, and should not be protected by the general
rule concerning the misrepresentation of law.
Fifth Cause of Action
Deceit-5
(LACDPSS intentional misrepresentation-3,
termination of GR)
The allegations
On or about July 10 2003, defendant Mrs. Beccera and
Mr. Verdugo, pretended (suggested as a fact) that the plaintiff was ineligible
for the GR program because he did not have the refugee status.
The
representations made by defendants were in fact false. The true fact was the plaintiff had the
refugee status and was eligible to receive the GR benefit as the status
verifier had written it on his initial verification of status, as several of
his colleagues status verifiers confirmed it on November 13th 2002 and
as administrative judge Tolentino certified it in his decision dated February 5
2003.
When the defendants made these
representations,
they knew them to be false because they had all the necessary documents (a
valid GR verification of status listing the plaintiff as a
refugee, a decision from the administrative judge confirming the validity of
this document,) to assume that the defendant was a refugee eligible for
GR. The additional document requested
to the status verifier were not necessary, and did not in any way deny the fact
that the plaintiff had been granted the refugee status (one document say that
the plaintiff is not a permanent resident, which is true but does not mean that
the plaintiff is not a refugee – refugee too must apply for permanent
residency, and the other document remind that the plaintiff has an employment
authorization). The plaintiff also
presented the INS internet page concerning the verification of status
regulation (exh. 8.2).
The defendant made these representations with the intention to deceive and defraud
plaintiff and to induce plaintiff to act in reliance on these representations
in the manner hereafter alleged, or with the expectation that plaintiff would
so act. They knew that the plaintiff
was homeless and that he had complained about the compliance errors made on his
case to the DSS management, so they wanted to put him in an even worst
situation, they wanted to keep him in the street with no cash benefit and no
food stamp (at the same time the other DPSS office stole a letter which lead to
the plaintiff termination of his food stamp), they wanted to hurt the plaintiff
as much as they possibly could to prevent (and discourage) him from
complaining.
Actual and justifiable actions taken by
the plaintiff.
Actions taken after the ‘INS’ misrepresentations.
Plaintiff at the time the INS employees
pretended (suggested as a fact) that the status verifier had made a mistake in
reading the record and that he did not have the refugee status had to believe
that they could be right (everyone can make a mistake, not just the
clerks), even though the decision to grant him asylum made sense, and the
probability of an error was low as stated above; and he had to try to obtain an
explanation, because it is not possible that two different entities of the same
organization have a different point of view on such an important matter (again the
refugee status is a matter of life and death for the one who asks for it
and obtains it). This is why the
plaintiff went back to see the status verifier on November 13 2002 and
mentioned that several of their colleagues had questioned their reading of the
record.
After that several other status
verifiers had confirmed that the document was valid, that Mr. Mahoney did
not make a mistake in reading the record, and that they even had the date at
which the plaintiff was given the refugee status (but that they could not give
this date to him because the social services had to ask for it in writing), it
was obvious that a fraud was taking place and that the plaintiff
could not trust the point of view of the INS attorneys, of the director of the
asylum office, and soon after of the deportation officer. But the plaintiff still had to trust the
administration (USCIS, defendant) and to rely on its capacity to resolve this
grave problem (cheating and lying on a matter of life and death is nothing else
than an attempt murder, so their behavior was criminal).
The plaintiff first asked to see
the supervisor of the deportation officer and information officer, but they
refused to let the plaintiff see anyone else and asked a security officer to
escort the plaintiff to the door! Then
he sent a complaint for employees misconduct to the ‘INS’ office of Internal
Audit (exh.10.1). First this office
said that it had not received the documents, then he sent the same documents in
a registered letter, and they still said that they had not received the
letter! Finally he sent a fax that was
received, but the investigation branch gave no explanation for the described
problems, they only forwarded the complaint to the management without saying to
which manager they had sent it to (see exh. 10.2)! Their response was not fair at all, and the INS manager to whom
the complaint had been forwarded never responded.
On January 14 03, the plaintiff also wrote
a letter to several politicians and administration officials including Mr.
Garcia (the ‘INS’ director at the time) to explain the problem and to present
his work and certain issues of his case that are important for everyone, but he
received no response. More recently in
October 03, the plaintiff wrote to Mr. Aguirre, the new Director of the USCIS,
but the customer service (that responded) did not give any explanation of what
happened or sent any document confirming the plaintiff’s grant of asylum (see
exh. 10.3 and 10.4) (only the refugee center accepted the refugee employment
authorization application).
Concerning the procedure at the
immigration court, for the plaintiff (and according to some ‘INS’ attorneys),
he should not have had to go in front of the judge with a document listing him
as a refugee (moreover an immigration Judge does not judge case ‘INS’ against
‘INS’, he judges case asylum seekers against INS, the problem was clearly a
problem within the ‘INS’), but at the same time the plaintiff needed a proper
decision, which confirmed that he had suffered persecutions and a great
prejudice in France to have his case reopened at the international justice (the
ECHR had rendered an unmotivated decision on his case) and to obtain justice
against France. And he was not sure of
the role of the immigration judge in these errors also, even if his behavior
had been more than questionable when he refused to hear the case in August 02
and delayed (so much) the hearing until January 23 2003.
The plaintiff sent a motion to close the
case on November 25 02 thinking that it was the ‘INS’ that should have asked
to close the case, the motion was ignored.
The decision of the judge, after a recommendation of the INS Attorney,
Mr. Lee, to deny the plaintiff the asylum because he was sick and could not
attempt the hearing, was the proof of their dishonesty, because they totally
ignored the fact that the plaintiff had already been granted the refugee
status. The asylum procedure is a very
‘sensitive’ procedure since it should determine the ‘credibility’ of the
application (in a short time), it is obvious that an ‘INS’ attorney and an
immigration judge that ignore a document listing an asylum seeker as a refugee
or don’t even know why this document was issued, are not at all ‘credible’ and
cannot judge this kind of case properly.
The plaintiff sent an appeal to the Board
of Immigration Appeal to denounce the bad behavior of the judge and the INS
attorney and to try to obtain a decision which confirmed his grant of asylum
and the fact that he had been victim of persecutions in France, but his appeal
was not studied (the problem was a problem within the ‘INS’ anyway). The plaintiff also had to denounce this
fraud to the administrative judge. And the
decision of Judge Tolentino confirmed, in some way, that a fraud was
taking place, but this decision was not executed properly as we have
seen. Since all these efforts where
unsuccessful, this complaint remains for the plaintiff the only way to obtain
justice, but he was still put in extremely difficult living condition and forced
to spend a lot of time to defend his right and to denounce the defendants’
despicable conduct!
Actions taken after the LACDPSS and the CADSS misrepresentations.
Plaintiff at the
time the LACDPSS employees pretended that the plaintiff was not eligible for
RCA benefits after November and that he did not have the refugee status, had to
trust the administrations (LACDPSS and CADSS) and to rely on the CADSS capacity
to resolve the problem, the decision of Judge Tolentino proved that there are
some honest employees at the DSS. Even
after the defendant, the LACDPSS, refused to comply with the decision, he had
to trust the CADSS and to rely on its capacity to resolve these problems. This is why he contacted the DSS Mr. Ceja as
the law allows him to do. After the
dishonest evaluation of the compliance by Judge Mendoza, he still had to rely
on the administration’s capacity to resolve the problem and had to send a
complaint to the management.
The plaintiff did not know that the
LACDPSS did not care about the regulation, the procedures and the decisions of
administrative judges, that the DSS would cover their dishonesty, and that
their only objective was to force the plaintiff to complain over and over again
on the same issues to make him loose time, the benefits he was entitled to
receive, and to hurt him as much as possible.
Judge Castello, who decided to response to his complaint, also made a
dishonest appreciation of the case as we have seen and used his status of expert
to encourage the plaintiff to follow a wrong path to complain.
So the plaintiff had to send a new
complaint, to the DSS director and to the governor to try to stop this
nonsense. The governor office
‘recommended’ to the plaintiff to present a complaint at the Commission on Judicial
Performance. The plaintiff spent more
than two weeks to write a precise complaint about Judge Castello and Judge
Mendoza’s dishonest behavior, but this office refused to study the complain
saying that it did not have the jurisdiction to study the case. It is still not clear who has made a
mistake, the office of the governor that directed the plaintiff toward this
commission or the commission that pretended that they did not have jurisdiction
over this case!
The plaintiff had to do everything it
could to have the Department correct its errors, because they were extremely
grave errors, but they did not, so this complaint at the civil court becomes
the only way to obtain justice.
Elements of law.
Public immunity.
Gov. code 822.2 provide that a public employee acting in the scope
of his employment is not liable for an injury caused by his misrepresentation,
whether or not such misrepresentation be negligent or intentional, unless
he is guilty of actual fraud, corruption, or actual malice.
In determining whether the immunity provision apply, some courts
have drawn a distinction between misrepresentation that cause interference with
financial or commercial interests and those that cause harm in a social
service area, such as adoption placement.
For example, in a case involving placement for adoption of a child
suffering from physical disorder, an appellate court held that Gov. Code 818.8
and 822.2 do not immunize a county from liability for intentional
misrepresentation or fraudulent concealment of a child’s medical
condition.
Liability of employer
An employer will not be liable for punitive damage under civ. code
3294 (a) for the fraudulent acts of an employee unless the employer had
advance…, or authorized or ratified the wrongful conduct for which punitive damage
are awarded.
‘Under statute permitting punitive damage against employer in
certain instances for conduct by its employees, ‘malice’ if there is an intent
to injure plaintiff, require more than
‘will full and conscious’ disregard of plaintiff interest; additional component
of ‘despicable conduct’ must be found.
It is clear that the ‘INS’ (USCIS) management was informed and
‘authorized’ the wrongful conduct of its employees (even if it contradicts the
fact that it granted the plaintiff the refugee status), since the plaintiff
wrote a complaint of employee misconduct to the ‘INS’ office of internal audit
and also wrote to several administration chiefs (including Mr. Garcia the ‘INS’
director at the time) and to politicians, so the administration is liable for
the intentional misrepresentations described above.
The LACDPSS and the DSS management were also informed of the
wrongful conduct of their employees and there is no doubt that they authorized
it (even encouraged it) as we have seen above.
So the LACDPSS and the DSS are also liable for the misrepresentations
described above.
Amount of compensatory damage.
One who willfully deceive another with the intend to induce him or
her to alter his or her position to his or her injury or risk, is liable for
any damages that injured party thereby suffers (civ. Code 1709). Additionally, for the breach of an
obligation not arising from a contract, the measure of damages, except whether
otherwise expressly provided by civil code, is the amount which will compensate
for all the detriment proximately caused thereby, whether it could have been
anticipated or not (civ. Code 3333).
Punitive (exemplary) damages
Art 3294 of CC. In a action for the breach of an obligation not
arising from contract, where it is proved by clear and convincing evidence that
the defendant has been guilty of oppression, fraud or malice, the plaintiff, in
addition to actual damages, may recover damages for the sake of example and by
way of punishing the defendants.
‘Malice’ means conduct which is intended by the defendant
to cause injury to the plaintiff or despicable conduct which is carried on by
the defendant with a willfully and conscious disregard of the rights and
safety.
‘Oppression’, for which punitive damages may be awarded,
means despicable conduct subjecting a person to cruel and unjust hardship in
conscious disregard of his right.
‘Fraud’ means an intentional misrepresentation, deceit, or
concealment of a material fact known t defendant with the intention on the part
of the defendant of thereby depriving a person of property or legal rights or
otherwise causing injury.
Conscious disregard, malice
To establish ‘conscious disregard’ and thus malice necessary for
award of exemplary damages, plaintiff that defendants were aware of probable
dangerous consequences of his conduct and that he willfully and deliberately
failed to avoid those consequences.
Punitive damages may be awarded only on showing regarded by law as
adequate to establish ‘malice in fact, that is motive and willingness to vex,
harass, annoy, or injure.
General Considerations
Independently from their very dishonest
behavior, the ‘INS’ defendants have shown a total disrespect for their
colleagues status verifiers when they said ‘status verifier are clerk, they
are lower than nothing’ or ‘ status verifier are just clerks, clerks
make mistakes’, and when they put the responsibility of a mistake on them
to cover the fact that it was them (the director of the Asylum office and the
INS attorneys, at least) who had not done their job properly on the plaintiff’s
case. This behavior is outrageous and
should have been denounced by the ‘INS’ office of internal audit, particularly
when one knows that it raised serious concerns about the ‘INS’ internal
‘control system’, and that these misrepresentations referred to a matter of
life and death.
The LACDPSS employees, the two ‘chief’
judges, and the DSS management also showed very little respect for their
colleague, judge Tolentino, although his decision was confirmed to be conformed
with the California law by the rehearing unit and very little respect for
justice. The evidences show that they
use regularly the system which consists in criticizing the administrative
decision in the compliance report (instead of through the rehearing or superior
court process), and of using the dishonesty of the presiding judges to have the
decision changed or of using time to have the claimants accept their
terms. When one knows that the LACDPSS cheats and lies on about everything
they can cheat or lie on to rob the poor (they are supposed to help), one can
easily understand why. The plaintiff
has mentioned the opening of almost all the homeless letters that the judge had
said it raised ‘serious constitutional right concerns’, but they behave
very badly in many other areas.
They don’t respect the time to present the
document like the compliance report, they steal (or delay the distribution of)
letters to make the poor loose their benefit (they made the plaintiff loose his
food stamp benefit this way, he had to complain to the administrative judge to
get these food stamps back!). They
don’t motivate their notices of action, they refused to present the regulation
as the law requires them to do. They
make the aid recipient sign documents without giving them time to read
them. They don’t indicate on their
compliance report that the aid recipient may contact the Department, if he/she
does not agree with the compliance as the law requires them to do. And finally, they are extremely
discourteous, they often do not answer the phone and make the poor wait for no
reasons to humiliate them and waste their time to make it harder for them to
find a job!
The Presiding judges have a great
responsibility in this outrageous behavior, because administrative judges have
essentially an educational role, not a punitive role, so
they should be very precise. This
educational role takes place when the administrative decisions are rendered and
when the counties are encouraged to comply with these decisions. If the Presiding judges and the Chief
Administrative Law judge do not follow the appropriate procedure they are
supposed to follow, do not to encourage an appropriate compliance, and do not
encourage the Counties to follow the appropriate procedure to criticize
administrative decisions, there are very little chances that the counties will
behave according to the regulation’s articles or will follow the different
procedures described in the regulation.
Moreover the time is a very important
factor in the regulation and for the aid recipients who live most of the time
in very difficult condition, so the presiding judges should encourage the
counties to pay careful attention to this time factor, particularly when one
knows that most of the programs GR, RCA, Calworks are limited in time. Getting all the help at the proper time
is critical, as explained above the cash assistance without the housing
assistance is almost irrelevant and the value of the food stamp is greatly
reduced, when one has no place to cook or to store the food. The social workers behave badly on
purpose to make the different aid given to the poor irrelevant or
inefficient, to ‘rob the poor from the little they have’ or are entitled
to have, which is often called corruption.
We unfortunately see everywhere in
California the results of the very dishonest behavior described above. Although we are in the richest state of the
richest (and most advance) country in the world, there are 100 000s
of people (even handicapped) sleeping or begging everywhere in the street of
California (2 millions people are made homeless every year in the US). The charities that are also supposed to help
the poor, behaved extremely badly (a SRO hotel manager has been sentenced
recently to 6 years of jail for organizing an illegal system to collect the
rent from the poor!). And the
faith-based charities impose outrageous rules to the homeless to humiliate them
and make their life even harder, they run indecent homeless shelters (which
often kick out homeless every 7 or 30 days) and often force (directly or
indirectly) the poor to read the bible or to go to church although they should
spent time to look for jobs and educate themselves!
Damages
As a proximate result of the fraudulent
conduct of defendants as herein alleged, plaintiff was sent in the street or
forced to change shelters more than 16 times since September 5 2002, he was
forced to sleep in the street several nights, and to live in homeless shelters
for several months with a great risk of catching the tuberculosis or other serious
diseases, of being robed or even being killed (the plaintiff was threatened to
be killed by another homeless for refusing to buy a small bottle of water for
25 cents!). He also was not able to
cook or to store food, and therefore could not nourish himself properly and
suffered health problems on a regular basis; he became sick every month or more
(chronicle bronchitis, stomach aches, hart problems due to the high stress,
etc.). And he was forced to complain constantly
to defend his rights and to spend a lot of time writing the complaints and
finding the article of law that referred to his case, and never received a
document confirming that he suffered a grave prejudice in France, by reason of
which plaintiff has been damaged in the sum of $1 700 000. Subdivided as follow:
1_ Wage loss, estimated at $300 000 (from November 02 to February
04, 15 months) and increasing by $20
000 every month until the dispute is resolved.
2_ Loss of years of life expectancy. The plaintiff was put in extremely difficult living condition
that caused him health problems and great stress, which means that his life
expectancy will be reduced significantly (according to different statistics the
life expectancy of people who are exposed to great stress, difficult living condition
and long unemployment is greatly lowered).
The damage is estimated at $380 000.
3_ Loss of earning capacity.
The plaintiff did not receive any decision confirming his refugee status
and the fact that he suffered severe persecutions in France. Decision that should have helped him to
obtain justice against France and a compensation, he has then suffered a loss
of ‘earning’ capacity estimated at $1 000 000.
4_ ‘Psychological’ damage.
The plaintiff felt very unwelcome and has lost his trust in these administrations,
because of a small group of people did everything to make his life absolutely
miserable. This is a terrible feeling
to have for someone who studied here, and had always had a great respect for
this country. The damage is estimated
at $20 000.
Punitive damages
The ‘INS’ (USCIS) employees who lied on
the plaintiff’s status have demonstrated an extreme cruelty, because they knew
that the refugee status is a matter of life and death, that the plaintiff had
waited for a long time (in extremely difficult living condition in refugee or
homeless shelters in two other countries) for this refugee status, and that
this refugee status was given among other reasons to improve his living
conditions. To create a doubt after the
‘INS’ had finally granted the asylum was then a real torture for the plaintiff
(and is a criminal behavior from the defendants). Their objective was also to deprive the plaintiff from his legal
rights (the right to housing assistance, and other RCA benefits), to subject
the plaintiff to cruel and unjust hardship in conscious disregard of his right,
and to make him loose his asylum case.
They were therefore guilty of malice, oppression, and fraud, all the
different elements justifying punitive damages.
The social services (LACDPSS and CADSS)
employees (even the managers and legal experts) also demonstrated an extreme
cruelty, because they knew that the plaintiff was homeless and had lived for a
very long in extremely difficult condition for reasons that were independent
from his will. They knew that he had
done all the efforts he could do to obtain more information from the ‘INS’ and
that he could not get the date his asylum was granted from the status verifier
as we have seen. They deliberately
forced the plaintiff to complain over and over on the same issues to deprive
the plaintiff from his legal rights (the right to housing assistance, and other
RCA benefits) and to subject the plaintiff to cruel and unjust hardship in
conscious disregard of his right by keeping him in the street. Given that this behavior is usual and lead
to hundreds of thousand of people living in the street the Court should
punished even more severely the DSS and the LACDPSS to discourage them from
behaving so badly.
The aforementioned conduct of the
defendant was an intentional misrepresentation, deceit, or concealment of a
material fact known to the defendants with the intention on the part of the
defendant or thereby depriving plaintiff of property or legal rights or
otherwise causing injury, and was despicable conduct that subjected plaintiff
to a cruel and unjust hardship in conscious disregard of plaintiff’s right, so
as to justify an award of exemplary and punitive damages.
Wherefore, plaintiff prays judgment as follows:
1.
For general
damages in the sum of $ 300 000 increasing by $20 000 every month until the
dispute is resolved.
2.
For special
damages for loss of earning capacity, loss of years of life expectancy, and
psychological damage in the sum of $1 400 000.
3.
For punitive
damages in an amount appropriate to punish defendants and deter others from
engaging in similar misconduct;
4.
For Cost of
suits incurred herein; and
5.
For such
other and further relief as the court may deem proper.
By:______________
Pierre Genevier
Verification
I, Pierre Genevier, am the plaintiff in this action. I have read
the foregoing complaint and know the contents thereof. The same is true of my own knowledge, except
as to those matters which are therein stated on information and belief, and as
to those matters, I believe to be true.
I declare under penalty of perjury under the laws of the state of
California that the foregoing is true and correct.
January 27, 2004.
Exhibits.
Exh. 1:
Verification of status listing the plaintiff as a refugee (1 page double
sided).
Exh. 2: Letter
sent to Mr. Looney (2.1, 1 page), response from Mr. Looney dated October 31
2002 (2.2, 1 page), response made on November 13 2002 by the Deportation
officer (2.3, 1 page), document given by the information office on November 13
2002 (2.4, 1 p).
Exh. 3: Note from Mr. Lemons (3.1, 1 page),
statement of position of the LA County DPSS presented to the judge (3.2, 3
page), plaintiff statement of position (3.3, 4 pages), decision of Judge
Tolentino dated February 5 2003 (3.4, 6 pages), letter sent by the rehearing
unit to confirm the validity of the decision of Judge Tolentino (3.5, 1
page).
Exh. 4: G845S and G845 Supplement forms (4.1, 3 p),
DSS Internet page describing the new law for refugee (4.2, 5 p), notice to
immigrant asking for social services (4.3, 1 p).
Exh. 5: Notice of action dated 03/13/03 (5.1, 1
page), notice of action dated 04/02/03 (5.2, 1 page), first altered
verification of status sent at the end of March (5.3, 3 pages), second altered
verification of status sent at the end April 2003 (5.4, 2 pages).
Exh. 6: Letters concerning the compliance: Letter to
Mrs. Diaz dated March 26 03 (6.1, 2 pages), letter to Mr. Ceja dated March 27
03 (6.2, 2 pages), email from Mr. Ceja dated April 2 03 (6.3, 1 page), email
from Mr. Ceja dated April 10 03 (6.4, 1 page),
letter sent to Mr. Ceja dated April 9 03 (6.5 , 4 pages), letter sent to
Judge Mendoza on April 17 03 (6.6, 2 pages), letter sent to Judge Mendoza dated
May 12 03 ( 6.7, 2 pages).
Exh. 7: Letter sent by Judge Mendoza (7.1, 1 page),
letter sent by Judge Castello (7.2, 2 pages), and letter sent by Mr. Campbell
(7.3, 5 pages).
Exh. 8: Letter sent to Judge Castello (copy the
governor, the director of the DSS,) dated July 11 2003 (8.1, 9 pages), INS
internet pages describing the status verification process (8.2, 2 pages).
Exh. 9: Letters to the DSS director and to the
Governor dated July 16 03 (9.1, 1 page), and letter to Mrs. Saenz dated August
2 03 (9.2, 2 pages), and notice of action denying the plaintiff’s GR (9.3, 1
page).
Exh.
10: Complaint sent to the INS audit
office (10.1, 7 pages), letter sent on April 22 2002 (10.2, 1 page), response
sent by this INS office of internal audit (10.3, 1 page), letter sent to the
director of the BCIS (10.4, 2 p), response sent this customer service office
(10.5, 1 p), letter sent to the Editor of the Globe and Mail on 01/02/04 (10.6,
5 p).
(Total
pages = 89)
Los Angeles,
the
Pierre
Genevier