Ruth Mory has spent five tumultuous months without her husband. A survivor of breast cancer nearly for five years, she had previously relied on the support of her husband and family to help her through the crisis. However, in September of 1999, the Immigration and Naturalization Service in Newark arrested her husband Moises on the grounds that he had allegedly been in contempt of deportation. The news shocked the family because Moises had been in the United States for nearly 19 years since he immigrated from Peru, and he had worked in Hudson County under a working visa for years. Now, Moises is in jail. Ruth, who is a U.S. citizen and has been married to Moises for nearly 15 years, was disheartened by the news that he might be sent back to his homeland. The ordeal has been hard for the family, leaving her wondering how she will be able to take care of her children. “It has been a tremendous strain on me and my family to have this case go on as long as it has,” she said last week. “I am disturbed that the INS has kept my husband locked up pending these circumstances without taking into consideration the suffering of his family. I can’t do this alone. He’s been a loving support to the children and has helped me through the most difficult time in my life. If he isn’t released, I don’t know how we’re going to get through this.” Ruth, who is originally from Ecuador, settled in West New York 20 years ago with the hopes of raising a family and establishing a better life. She succeeded in finding a position as a dental assistant in Mahwah, where she still works. Ruth has a son, Robert Vilacrez, from a previous relationship, and a stepdaughter. Her son, who has been active in trying to get his stepfather released, expressed his anguish over how his family has been treated by INS, and their hopelessness after the verdict of the INS court hearing nearly three weeks ago to deport their father. “This situation has been handled unjustly, and I feel their actions have been inhumane,” said the distraught 20-year-old college student, who is working his way through school. “We’ve reached out to everyone for support, but it seems like our pleas have fell on deaf ears. I don’t understand why they are keeping him in a jail with criminals living under harsh conditions when this is an immigration matter.” No reply, no answers Even though there were numerous calls made by the Reporter over a period of two weeks to get public information concerning the procedures of deportation, the calls were not returned. Instead, agents transferred calls several times. An attorney for the Mory family, John Perez, stated that although he has presented numerous arguments in court stressing the hardships the family is undergoing, such as steep medical bills, lack of child support and the emotional strain, the court still ruled in favor of deportation. The following reasons are stated in court documents and provided by his attorney. Under the new immigration law for immigrants entering the U.S., people can apply for citizenship after 10 years in the country under a visa or working permit. If none of the criteria are met, an immigrant is considered an “arriving alien” and could be deported at any given time. When Moises Mory arrived here in the early 1980s as an illegal alien, he was given the option of “voluntary departure,” meaning he could leave on his own volition and he would not be in violation of Article 245 of the immigration deportation law. Nonetheless, Moises decided to stay in the country after he married his wife Ruth in 1984. The marriage did not automatically make Moises a citizen because Ruth had not been born a citizen. In December of 1989, Moises’s father became gravely ill and he asked the INS permission to leave the country for two weeks, which they granted, despite the fact that he had an “automatic deportation” clause pending. Apparently, the clause had been overlooked, and when Moises returned in January 1990, he now fell under the new immigration law that stated he would need to start his time in the country all over again without considering the nine previous years he had spent here with his family. Moises did not realize he was in trouble until he was approached by the INS at his job and taken into custody. Now, he faces deportation at a date that has not yet been determined. The case is on appeal. “All I wanted to know from them is why they didn’t send a letter stating that I was in violation,” said Moises in a telephone interview from the Passaic County Jail in Paterson last week. “I’m not afraid of immigration. I would have gone down to speak with them. Why should I have a reason to run when I have a wife who’s sick and children to feed? I understand that I’ve made some mistakes, but it wasn’t done purposely. I’ve worked to support my family and have supported my community all these years. Do you think I would risk all that I have to hide from the INS? I know the final decision is up to the judge, but I’m not pleading for myself. What I feel more for is for my family who needs me.” “As it stands right now, we have 30 days to appeal the court decision of his deportation,” said Perez. “Our case is that he should be set free while the case is under appeal because the situation has become emotionally and physically disheartening to the family.” Perez added, “Here we have a hardworking man who has an American citizen wife and a child that was born here and he’s been ordered to be removed from his family. The bottom line to this case is that the court states he is not eligible for ‘cancellation of removal.’ This means when he left in 1989 to see his critically ill father, the INS has based his time in the United States from his return date in January of 1990, which would make his eligibility as a resident for 10 years short by about three weeks. Even though there is documentation and evidence showing his family has been under extreme hardship, their decision is final unless our appeal has it overturned. Frankly, where do they think he would go if they released him? He has a family waiting here.” Presently, Moises Mory is still in jail awaiting his fate. His family struggles with the thought of losing all they have worked hard for. “He doesn’t deserve what has happened to him,” said Luz LaTorre, Moises’ sister-in-law. “His family has gone through a terrible ordeal and I guess all we can do now is wait.”
Our Digital Archive from 2000 – 2016
