CHICAGO, Illinois-United States District Court Judge Lynn Adelman of the Eastern District of Wisconsin in Milwaukee dismissed Wednesday (Oct. 18) the habeas corpus petition filed by former Philippine Agriculture Undersecretary Jocelyn Joc-Joc Izada Bolante for lack of subject matter jurisdiction. This means Bolante remains in detention at Kenosha County Detention Center in Wisconsin.
In an eight-page decision, Judge Adelman
wrote that “even if petitioner’s claim is meritorious, (US) Congress has taken
it out of my hands. Petitioner (Bolante) argues that the (US) government violated 22 C.F.R _º 41.122(a) by
revoking his visa because of a political dispute in the Philippines and
that it is therefore detaining him without due process. However, I cannot
address this argument because I lack subject matter jurisdiction over this
case. ”The legality of petitioner’s detention depends on the resolution of such
issues as whether the government lawfully revoked his visa and whether he is
removable from the United States and, as indicated above, I am precluded from
reviewing those issues." “Had Congress not enacted _º 242(a)(2)(D)
authorizing circuit courts to address legal issues arising out of immigration
proceedings, I would likely have had to determine whether _º 221(i), as applied
to an inadmissible alien detained in the United States, violated the
suspension clause. ”Further, because the government has initiated removal
proceedings and such proceedings are ongoing, the present case is not within
the narrow category of cases over which district courts have
jurisdiction." It was reported that Bolante’s lawyer was quoted as saying
that they are going to appeal Judge Adelman’s decision.
Bolante filed a habeas corpus petition
when Chicago’s
Immigration Judge denied his motion to grant him bail. Immigration Judge George
P. Kastivalis last Sept. 13 denied granting bond for Bolante, saying that he
has “no jurisdiction” over Bolante, who is an “arriving alien.” Bolante also
asked Kastivalis to “strike an amicus brief” filed by a Filipino lawyers’
group.
In their response to the government
memorandum opposing the writ of habeas corpus, Bolante’s lawyers told Judge
Adelman that they are “disputing that there exists any valid, legal reason for
detaining him where he presented a valid visa for entry, if it has been in fact
revoked, was done so contrary to established laws and procedures."
The brief of the amicus curiae asked the
immigration court to immediately deport Bolante to the Philippines,
where Bolante is facing charges in connection with his complicity in the 728-M
pesos (US$14-M) fertilizer fund that bankrolled the election of President
Arroyo last May 2004, citing Philippine Senate investigation reports.
(lariosa_jos@sbcglobal.net)
In
Manila, reports
said that Bolante is now reverting to seeking political asylum after he lost
his petition for habeas corpus. Philippine lawyer Harry Roque, who had earlier submitted his amicus brief to the
court, said that Bolante will have difficulty in proving political persecution
while he continues to be protected by President Arroyo.
In a Tribune telephone interview with
Roque who is attending a conference in Sydney, Australia, the lawyer informed the Tribune that
he had received an official summons from the US court for him to be present at
the hearing of the Bolante case on Nov. 7.
‘I will be vigorously opposing his
petition for political asylum. For him to claim that the Senate inquiry on the
P3 billion fertilizer funds scam is politically motivated and that the charges
against Joc-Joc are unfounded would be deemed a ‘frivolous’ excuse in seeking
political asylum," Roque said.
But the lawyer also said he would help
Bolante in seeking political asylum in the US and would pose no opposition to
it, if the former Agriculture official agrees to a deposition where he will
tell all about the fertlilzer funds scam where billions of public funds were
diverted to the campaign kitty of Mrs. Arroyo and partly used to fatten the
campaign chests of her political bets, to ensure that the vote would go to Mrs.
Arroyo.
In the hearing by District Judge Lynn
Adelman, Bolante contends that the inquiry is politically motivated and that
any allegations against him are unfounded.
Bolante arrived in Los Angeles on July 7, 2006, where officers
of the Department of Homeland Security (DHS) detained him and have since
declined to release him on bond.
Bolante insists that he had a valid US
visa, but the ruling also made mention of the fact that a consular officer in
the American Embassy in Manila,
wrote Bolante twice to inform him that his visa had been canceled.
It was also stated in the ruling that a
consular officer, the Secretary of State or the Secretary’s delegate may revoke
a visa. The rule does not limit an officer’s discretion to revoke a visa, but
State Department regulations impose guidelines governing revocation.
It was further stated by the judge that
with the new laws, ‘Congress has taken it (jurisdiction) out of my hands.’
By Joseph G. Lariosa
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