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Spotlight on American justice http://www.buffalonews.com/editorial/20050819/1065721.asp Trial of inspector accused of beating Chinese businesswoman expected to revive international interest in high-profile case By MICHAEL BEEBE and DAN HERBECK News Staff Reporters 8/19/2005 Click to view larger picture New York Daily News Zhao Yan says her injuries were inflicted by a U.S. customs agent. Click to view larger picture New York Daily News Zhao Yan, shown in 2000, has told the Chinese news media that at least three inspectors kicked her. A U.S. border inspector was scheduled to go on trial today on charges of beating a Chinese businesswoman he had mistaken for a drug smuggler, a case that made front page news in China and led to high-level talks between China's foreign minister and then-U.S. Secretary of State Colin L. Powell. Robert Rhodes, 44, of Niagara Falls, a 17-year veteran of what is now the Department of Homeland Security's Customs and Border Protection, faces a single count of violating the civil rights of Zhao Yan, a charge that carries a 10-year prison term. Steven M. Cohen, Rhodes' lawyer, is attempting to subpoena both Powell and former Homeland Security Secretary Tom Ridge to testify about allegations that, in indicting Rhodes, the government had bent to pressure from China. U.S. District Judge Richard J. Arcara completed jury selection Thursday and is expected to rule shortly on whether Powell and Ridge can be called to testify. For days, pictures of Zhao, 38, with both eyes blackened and her forehead bruised and scratched, appeared on government-controlled television and newspapers across China. "What happened to this woman?" EastSouthWestNorth, a Hong Kong Web site, asked in posting photos of Zhao. "Was she the victim of domestic violence? Was she in a train wreck? Was she the victim of a mugging?" The trial, which could last several weeks, is expected to draw widespread attention in China, where commentators have accused the United States of a double standard - criticizing China for human rights violations while one of its agents is accused of assaulting a Chinese citizen. "The Chinese people were very upset by the brutality of the American officers," said Zhang Jie, director of the Center for Chinese Studies at Buffalo State College. "I think the Chinese people were impressed that the U.S. government was willing to prosecute one of its own." But they may react angrily if Rhodes is acquitted, Zhang said, especially since the U.S. government has been pressing China to improve its human rights record. "There could be demonstrations and protests," he said. "Even if she was a drug dealer or a criminal, there would be no reason to beat her like that." Mingyu Wang, an Amherst engineer and active member of the Chinese Club of Western New York, added: "In China, people see America as putting a great emphasis on human rights," he said. "People look up to the United States for that. [This incident] really painted a very bad picture of America." -------------------------------------- Contrast that to this one - no beating here: MARKET REVIEW: HOMELAND INSECURITY Your editors recently returned from a weeklong trip to Vancouver, B.C., where we attended the annual Agora Wealth Symposium. We always enjoy being in Vancouver, with its beautiful weather and friendly people, and the conference itself was a huge success. We had the chance to meet a lot of our readers, which is always nice, and our editors didn't disappoint in their speeches. All in all, a good time was had by everyone. That is, until we tried to return to Baltimore. We were stuck in line to go through customs for over an hour (at six in the morning), our flight was delayed in Las Vegas for hours...and we didn't make it home until 3 a.m. We thought we had the worst experience traveling home, until we read this note from Kevin Kerr: "First of all, let me tell you I was flying Cathay Pacific Airways direct from Vancouver to New York. "When I arrived in New York, I handed my passport to the customs agent, he scanned it and scanned it and then paused and said in an official tone, 'Please come with me.' I was taken to this back room that looked like something out of the old Barney Miller police sitcom. I was told to sit and wait as the officers from Homeland Security perched on their desk and looked down from about four feet above me. The room was dingy and poorly lighted; it was like being in a low-budget Kafkaesque film. "Three officers proceeded to question me, one after the other, like I was a criminal. Let me just tell you some history: For some reason, there is another Kevin Kerr in the system, and he has been for about 15 years. Supposedly, this guy did some very bad things, but nobody will ever tell me what. Bottom line: It's not me. Anyway, they always flag this and can see from the picture it's not me. In fact, the guy isn't even the same race as me, supposedly. No matter. "Having said that, they demanded my fingerprints and asked me about 25 questions. After they confirmed I wasn't this guy, they asked me to repeat my social security number. I asked why, and they said, 'Are you refusing?' the officer said in an intimidating tone. "I dare not, I thought. What's next? "I was really feeling like I was in a Kafka type film now, and wondered how it was going to end. I said, 'Why are you interrogating me?' Apparently, that was the wrong thing to say. One of the officers started yelling at me, telling me they weren't interrogating me. Maybe I missed something, but except for the lone light bulb on a string and beating me with a rubber hose, it sure seemed like interrogation. They then insisted I repeat my social security number and looked up my records. Suddenly, one of them said, 'Have you been under a doctor's care recently?' "I said, confusedly, 'What?' He said, 'Well, the computer shows a missing persons report was filed for you back in May by the hospital near your home.' Again I said, 'What?' "Now let me clarify, I was at the hospital back in May; which I had completely forgot. I was having severe headaches and went to the emergency room, but the wait was over five hours and I felt better, so I decided to go to my doctor the next day instead. "But as I was leaving the hospital, I told the orderly I decided to go to my own doctor and couldn't wait another five hours, and he said fine. So I left. I never thought anything of it. "Turns out the hospital reported me as a missing person. So presto, Homeland Security, in its infinite wisdom, has me as a missing person now returning from abroad. I was never notified by the police, never called at my house (which has a listed number), never contacted by the hospital that had all of my records - hell, I had surgery there in the past they know exactly where I live. No, instead they reported me missing to Homeland Security. "After about 45 minutes, two calls to my lawyer in Italy and three to the Connecticut police, the immigration people said I could go, but pointed out that it wasn't their fault. It must be the Connecticut police's mistake. Yeah, right! "What's my point in all of this? Let me first say that I am a staunch believer in security and in tight immigration. I worked in the World Trade Center and was in the building for the first attack [in 1993], I lost my car in the garage that day, and nearly my life. Then, on 9/11 I lost many friends, too. I am a believer in doing things by the book when it comes to immigration. Just ask my wife Katrin, who is an immigrant from Estonia, or my first wife Nicola, who was an immigrant from Spain. Dealing with immigration is a long, arduous process, and costly, too. I never plan to do it again. "However, it's my firm belief that things have come full circle, and we are now living under the thumb of a system that is squashing our civil rights, freedom and all due process. In this one incident, my rights to privacy, to freedom, to representation, to innocent until proven guilty were all thrown out the window. I have heard of numerous cases of this, yet had not experienced it. Now I see what everyone has been saying is true. "Homeland Security is nothing of the kind. The department is a mockery of a way to get people to sleep better at night. The irony is that all of the rights we hope to protect are simply set aside for some agenda that I, quite frankly, have little interest in anymore. I have lost too many friends and too much time dealing with the results - or lack thereof - of the current administration's policies. Enough is enough. "Oh, and by the way, I am a registered Republican, and have been since I was old enough to vote. I didn't vote in the last election, and in the next I am praying for a good independent candidate so I actually have someone to vote for. Hell maybe I will run, I can't do any worse. "I love America more than anything, but lately, it just doesn't feel like it anymore, and that's sad." Kevin Kerr and Kate Incontrera The Daily Reckoning P.S. Kevin has had overwhelming response to this note, which he ran in his newsletter - seems as though many Americans are feeling fed up with Homeland Security and the efforts done by our government to make our country "safe." We will be printing many of these reader comments in The Daily Reckoning next week, so stay tuned, and feel free to write in yourself - send your messages to dr@dailyreckoning.com In the meantime, for more of Kevin Kerr's insights, see his latest report: The Trader's Code http://www1.youreletters.com/t/168345/1497523/777165/0/

Onesuite local access numbers work fine for me. Sometimes I have to call the second or third alternative numbers, or the same number twice, but they all worked fine, twice a day everyday. Except last night, the calls were disconnected after every 10 minutes. I think it's due to the typhoon.

Durn! David, you talk and write in Chinese style, with symbolic expression. I think you must have been a Chinese in one of your previous lifes.

You are correct about "happiness" as the symbol used in the new Chinese for "marriage" character. The one I mentioned is the old character, not the new one. My laopo will check out the composition of the character in traditional character. She only remembers the meaning of the old character as "union until old age", without breaking down the composition of the top and bottom of the right portion of the character.

Jtaylo69 - I hear your frustration. I never had any problem accessing US government websites from China. That was last November and February. I accessed them from Shanghai and Wuhan internet cafes. Perhaps those sites are now blocked, but it's by US imposed internet security system, blocking anything that originate from outside US. It's all part of the paranoia security system, afraid those foreigners are stealing information. I think that's what you said in your post.

Great advise and thoughts, but many of us don't have the opportunity to live and work in China, and experience the everyday routines with our laopos. That's what we are anxious to do. Nevertheless, many of us know (or at least we think we know) our laopos. Even you. Those who think they know, but just for today, and things may be different in the future, whether a few months or many years from today. It's all a relationship of two people, and as long as the persons are alive, there will be changes, or at least I hope so. Only dead people don't change anymore. It's part of the dynamics and excitement of life, and it's what we choose today to experience such dynamics with the one we feel comfortable, today. By the way, someone told me that the Chinese character for marriage consists of two parts or characters. The left character means "union" or "combination". The right character consists of two characters (top and bottom) meaning "good" and "bad". As far as the visa processing through CIS and NVC, that's a totally different matter. Let's not get confused between the two - relationship versus visa processing. After all, many of us, we are anxious to start living as a family rather than mere talking on the phone and emails. Boy!, I sure hate wasting my money for going back and forth to China every 3 to 4 months.

Must be nice to be able to be in China for 3 years and not experience a long separation time from your laopo.

Congratulations, Richard. You have the most efficient and fastest visa processing time ever.

Jtaylor69 - I emailed you the letters I sent to CIS Ombudsman and to CSC. Thanks for doing this. We as Americans should feel ashamed to have an American agency of such ineptitude and callousness.

I am hoping CSC will throw me a bone for the I-130 of my stepson. Anyway, I will see if CSC will throw me a bone with the apology email I sent today. That's an apology for the nasty and critical emails I sent them in the past 2 months, including whines to CIS Ombudsman. My laopo made me do it. She read my emails. I should not have given her the password of my email address. It was tough for me to write that apology, but I am back in good graces with my laopo. At the same time, I am glad to have vented my frustrations to CSC and the omgudsman. No matter what results and punishment I will get from CSC, I feel good to have told them what I think of CSC processing timeline. Now I have to call her and tell her the K3/K4 has cleared customs delay and it will go to GUZ worthless, since CR1 is already entered in GUZ system.

Many of them don't have time to go through CFL or VJ, and much prefer to pay someone to find information for them. The ones who read and join CFL and VJ is less than 1% of the total number of petitioners each year. That 001 website is a much closer knit community than CFL or VJ. There are a few "sharks" there. The information is much more thorough and the ladies who already come to US, they are still active in 001 to give their thoughts, opinions, and advise to those who are waiting, and they tell what they are doing in US. Maybe just differences in what the genders talk about. The bottom line is that lawyers are big in US, so big that it permeates into everything we do and talk about, even in a forum like this. It's not the case in China.

From Visa Journey - there are a few people who received NOA2 for their I-130 from CSC. Anyone here got lucky? My laopo mentioned that she did not read any in 001. I sent my critical emails and letters to both CSC and CIS Ombudsman. Anyone else care to make waves? , or just be happy waiting... and waiting... and ... and... http://www.visajourney.com/forums/index.ph...ic=42013&st=435 Member Name...Date sent...center...NOA1..RFE/AR.....NOA2.....(Days) LarryPie......... 05/17/04...TSC/CSC..07/01/04..RFE....02/01/05.....215 trish63............01/??/05...CSC.........01/19/05..AR......06/01/05.....142 zsam..............02/03/05...VSC.........02/09/05..AR......??/??/??.....?? mandolinv.......02/??/05...NSC/CSC..02/11/05..AR.....06/27/05.....136 Greg&Carol.....01/??/05...NSC/CSC..02/17/05...........07/13/05.....?? LuLu...............02/10/05...NSC/CSC..02/25/05..AR.... ??/??/??.....?? sheepnfish......03/05/05...VSC..........03/09/05..RFE... 06/20/05.....102 kim&james......02/25/05...CSC.........03/17/05............06/08/05.....80 samba rock.....03/14/05...VSC.........03/17/05............05/17/05.....62 rik_usa27........03/10/05...TSC/CSC..03/28/05...........06/15/05.....80 jpg..................03/03/05...NSC/CSC..03/31/05..........??/??/??.....?? Frank_a...........03/11/05...CSC.........03/18/05...........??/??/??......?? ailyn5phil.........03/25/05...TSC/CSC..04/01/05..........??/??/??.....?? Jennieh............03/23/05...CSC.........04/04/05..........07/14/05.....?? Gatorfan..........03/22/05...TSC/CSC..04/07/05..........??/??/??.....?? Euro................04/09/05...NSC/CSC..04/21/05..........??/??/??.....?? Sanctifyer........04/18/05...VSC..........04/21/05..........07/20/05.....91 Incanada123....03/31/05...NSC/CSC..04/21/05..........??/??/??.....?? wouldubelieveit04/08/05...VSC..........04/21/05..........06/28/05.....72 perdesi............04/20/05...VSC..........04/22/05..........??/??/??.....?? melliemel.........04/28/05...VSC..........04/25/05..........07/16/05.....95 Muppetpinchess.04/13/05...NSC/CSC..04/28/05.........??/??/??.....?? MoGuishle .......04/20/05 ..NSC/CSC .05/08/05..........??/??/??.....?? metaledge........03/29/05...NSC/CSC..05/13/05.........??/??/??.....?? pathesow.........05/01/05...NSC/CSC..05/18/05..........??/??/??.....?? andrewbrit.......04/30/05...CSC .........05/??/05..........??/??/??.....?? Lyeats.............05/06/05...TSC/CSC..05/19/05..........??/??/??.....?? Nonie..............05/02/05...TSC/CSC..05/13/05..........??/??/??.....?? Mary13*..........05/05/05...VSC.........05/13/05..........??/??/??.....?? yabasta&bella..05/10/05...TSC/CSC..05/23/05..........??/??/??.....?? gerard...........04/28/05....NSC/CSC..05/24/05..........??/??/??.....?? ofelya_tr........06/11/05...CSC..........06/16/05...........??/??/??.....?? Katheleen.......06/16/05...CSC..........06/21/05..........??/??/??.....??

I read a few CSC approval (completion) of I130 in VisaJourney, those NOA1 dated in late March and early April. But I have not seen anyone here with approval, and neither my March 25 NOA1 of I130 for stepson. My laopo has seen anyone in 001 either, those whose NOA1 dated in mid to late March. What's going on?

My latest email to CIS Ombudsman. I don't expect anything good for my stepson's CR2. I am pursuing CR1 for laopo and K4 for the child. I already mailed registered letter to GUZ with the official request, per DOS suggestion. DOS told me GUZ cannot ignore K3/K4 because the K4 is still in effect, i.e. no better substitute. This is contrary to GUZ's email response I received, which makes me think the GUZ person(s) responsible for replying emails is (are) donkeys or at best they are rookie visa officer(s). As far as CSC, and USCIS overall, there needs to be changes , drastic one at that too. Or else the problem will continue. Worst yet, it's the apparent clueless and lost sheep direction of CIS office with their investigations - not knowing how to differentiate the different strata and categories of the applicants (both USCitizens and recipients). It needs to improve its efficiency in light of its being under Homeland Security and should put more efforts on identifying and recognizing the different category of potential terrorists versus those who are peaceful people who are in pursuit of better life, family values, and the greater freedom to pursue better life and prosperity. No need to be nice to CSC. I wrote polite letters and emails for a month but got nothing. I have since wrote criticisms. Criticisms are supposed to inspire them, to make them aware of their own deficiencies that they cannot and will not know unless someone else from outside tells them. I don't know how most of you would react if you get criticized. As for me, I would grumble but humbled while evaluating the validity of the criticism. If valid, I would look for corrective ways and work hard to bring out greater positives. If CSC cannot change, then it's time for CIS Ombudsman to know and perhaps he will force changes in the organization. Good Americans want to bring out greater positives for their country. It's no time to be lax and accept things as they are. ---------------------------------------------------- Dear Mr. Khatri, In reference to my I-130 petition (WACxxxxxxxx) currently on its 120th day at CSC, I like to report CSC's retardation processing and lack of accountability. Furthermore there is a great discrepancies in the processing times among the service centers. According to the USCIS's processing dates at various service centers, the Vermont Service Center has completed I-130's with NOA1 dates of late April 30, 2005. On the other hand, California Service Center has only completed I-130 with NOA1 date of March 7, 2005. There is a huge discrepancy in the efficiency between the two service centers. I believe there exists huge problem with the structural organization of USCIS processing department, as well as in the procedures and implementation of the review process in its accountability to the petitioners. For one, CSC's phone call responses do not and cannot provide anything substantive. The replies I have received were "assigned to an officer" and "they are different on case by case basis". I inquired further with the following questions and comments: 1. When was it assigned to an officer? 2. What does the officer do with the petition? 3. Can I talk to the officer assigned to my petition? 4. How much time does it normally take an "officer" to review and adjudicate a petition? 5. What does it take to adjudicate a petition? 6. Can you inform the reviewing and adjudicating officer(s) to call me if they want additional information or data? 7. How can my case be so unique and different to be in retardation mode compared to the one I submitted for my wife last November? 8. What are so special about those petitions that recently got adjudicated with approval in only 40 days? 9. What are special case with a few other petitions whose NOA1 dates were later than my petition's NOA1 date? The response to my questions were deficient, insubstantial, and devoid of any accountability, i.e "canned" or "scripted". In short, the persons who answer phone calls to CSC are implying "Don't bother us, Don't know, don't ask why, don't know when, don't know what, just because, and each case is different". In conclusion, USCIS should be ashamed of itself of its inefficiency and problematic discrepancies. It should be an embarassment for any Federal agency to function in such retarded deficiency. If it were any other organization or corporation with similar unaccountability, retarded responses, and didactically uninformative attitude and incompetency, such company or organization would have been abolished or gone defunct a long time ago. I trust your office will continue to strive to demand higher accountability from your USCIS agencies. My current experience with CSC and previous one with MSC (I-129F) have been nothing but embarassment for any American citizen to associate oneself with a country that has such an inept government agency. "[Our] country has always benefited from the dreams that others have brought here. By working hard for better life, immigrants contribute to the life of our nation." - GWBush "..as a nation that values immigration and depends on it, we should have immigration laws that work and make us proud." - GWBush

You can do the management part, which does not take a law degree to do. The management part is to handle the paperwork. All those fees you mentioned, they are all paper shuffling work and get good payment for the effort. All done according to what's established and posted by USCIS and NVC in their websites. I think all those vultures in and near US Consulate in Guangzhou, they are doing just this, operating under the guise of "lawyer", though mere paper shuffling clercs without any guarantee of results. One may even be able to double the fees if one has a "law" degree from a matchbook or online universities. I think it's one easy money, because there are too many people who don't want to be bothered with the hassles. Need a bunch of phrases to appease and calm the clients. The business will succeed based on clients' perception on how the paperwork is handled and how you can make them patience, and from a handful of happy clients' testimonies.

Tony Blair is still looking pretty good as leader of what used to be the great British Empire, supreme ruler of the sea, and now the top lapdog in the world.

Interesting question. But I want to know if the baby born in China would become Chinese citizen. If so, then that child may someday, when grown up, can become the Premier of China.

They may be open, but at half staff. Mid September to mid October is festival period and the national day golden week. Great time to visit, super nice climate.

Congratulations, Carl and Ying. May your case be processed speedily by GUZ.

There are many translation services in China. The notary offices usually have their own translation services as well. Should be no problem finding one there. You can get more information from www.001.com website, in Chinese, so your wife can ask or post question there.

Judge Throws Out Deportation Case By JACQUES BILLEAUD, Associated Press Writer 56 minutes ago A judge on Thursday threw out the deportation case against four young people who were taking part in a high school science competition near the Canadian border when the government found out that the students were brought to the U.S. illegally as toddlers. U.S. Immigration Judge John Richardson granted a request from the four to exclude key evidence in the case, ruling that agents questioned the students based on their Hispanic appearance. Tim Counts, a spokesman for Immigration and Customs Enforcement said no decision has been made yet on whether to appeal. Jaime Damian, 20, Yuliana Huicochea, 20, Oscar Corona, 20, and Luis Nava, 21, were on a school trip in June 2002 to compete in a solar-powered boat competition near Buffalo, N.Y., when they drew the attention of immigration officials. The students wanted to make a side trip to Niagara Falls in Canada. Federal agents looked into their immigration status after a teacher asked whether the students would be allowed to return to the United States with only their student IDs. All have finished high school, and three of them are either enrolled or have completed college. During their attempt to cross the border, the students said they faced aggressive questioning about their identification, country of birth and when they were brought into the country. Three of the students testified that border officials made racially offensive comments in their presence. A female border supervisor, whose name none of the students remembered and who was not identified in court, had said the students may blend in in Hispanic-heavy Arizona but not in Buffalo, the three testified. Two of the students also testified that a border agent suggested he might go get some Mexican food, prompting a smirk from another officer. Nava said he interpreted the statement not as a genuine plan for a meal, but a comment on the Mexican heritage of the students. "It was offensive," Nava said. "I cannot believe he said that." Martin Mahady, then a border inspector, said he did not hear anyone making racially derogatory comments in the presence of the students. Jane Juliano, principal of the high school the four attended, said a female border official said she could send the four to Mexico immediately unless the school sent the students' birth certificates. "She said, 'Don't send your illegals to New York,'" Juliano said, explaining that the comment came up as she tried to emphasize that the students were on a field trip and should be protected. An estimated 65,000 illegal immigrants who have lived in the United States for at least five years graduate from high school each year, according to the Urban Institute, an economic and social policy research group. Advocates for immigrants say it is rare for students who aren't legal citizens to undergo deportation proceedings after spending most of their lives here. They say Congress should approve a proposal to give children of illegal immigrants the chance to become U.S. citizens. http://news.yahoo.com/s/ap/20050721/ap_on_...HE0BHNlYwN0bWE-

You may want to check in www.001.com website. That's China's equivalent of CFLgallery. The members are mostly women, compared to mostly men here. My laopo told me that there is much more information in 001 than available here, including adoption. The members include the ones still waiting for their visas in China, as well as those who already moved to US. Your wife can post questions there. By the way, I thought to get your stepson to come to the US, your wife had to get permission from the bio father. That usually means your wife has full custody of her son. If so, I don't think you need approval from bio father for adopting him. I plan to adopt my stepson also. I told my laopo that I want to adopt him in China. She checked the 001 website, but I think she gets conflicting information. First, she said that all that's needed is for the three of us to go to a notary office, and declare the adoption and my stepson needs to concur. However, later she said to adopt him once we are in US. She did not explain to me why I should not (or maybe cannot) adopt him in China. My laopo has full custody of her son. She got full custody in lieu of taking her dead-beat ex to Court for back child support which amounts to lots of yuans. I will get more definitive information from her and pass it to you.

Too many officers in GZ who are dyslexic or have Alzheimer. That's why it's worse than slow. Same with CSC now.

I called DOS this morning. I was told that the name check has been completed, and only need to wait for P4 and interview date assignment which could take a few months. I asked if there are several name checks to be done. The reply was "No, the recipient's name is not common so there is no need to do multiple checks". But GUZ is not doing anything with it. And I was not able to get any estimated date for the interview, or when the P4 will be sent out because it's all up to GUZ and DOS has no influence.

Congratulations, Carl! But the long slumber GUZzzzzz awaits you.