Kimberly Anne Lanuza

UNITED STATES DEPARTMENT OF HOMELAND SECURITY OFFICE OF CHIEF COUNSEL NEW YORK, NEW YORK ----------------------------------------------------------------X In the Matter of ANTHONY LEEMING A#____-____ Respondent In Removal Proceedings ----------------------------------------------------------------X PROSECUTORIAL DISCRETION REQUEST TO DISMISS PROCEEDINGS Dear Chief Counsel, The Law Office of Carmelia Taylor represents the respondent, Anthony Leeming. Respondent respectfully requests that the Office of the Chief Counsel exercise favorable prosecutorial discretion to dismiss the proceedings. Anthony Leeming is a national of Jamaica. He is a valued member of our community, devoted family man, and a lawful permanent resident of the United States since 1983. Mr. Leeming's recent return to the United States meant to be a joyful occasion to attend his stepdaughter's wedding, turned into an unforeseen nightmare as he was unexpectedly placed in removal proceedings upon his entry. This turn of events has caused considerable distress to Mr. Leeming and his family, particularly given his longstanding and unblemished life in the United States. Mr. Leeming's life in the United States embodies the spirit of reform and contribution. Since his last and only encounter with the criminal justice system in 1995, for an E felony marijuana possession, Mr. Leeming has not only abided by the law but has also dedicated himself to being a productive, responsible, and contributing member of society. As a father and husband, he has provided unwavering support and stability to his wife and three children, two of whom are minors, demonstrating his commitment to family values and community responsibility. Adding to the urgency of this request is Mr. Leeming's current battle with Parkinson's disease, a debilitating condition that requires constant care and medical attention. His condition presents not only physical challenges but also significant emotional and financial burdens on the family, especially if he were to be removed from the supportive environment and medical resources available to him in the United States. The foundation of Mr. Leeming's life, built over decades in the United States, is under threat due to a long-past mistake for which he has shown profound remorse and from which he has learned and grown. It is on the basis of his rehabilitation, his positive contributions to his community, and his critical role in the lives of his family members that we respectfully request a reevaluation of his case for prosecutorial discretion to administratively close or terminate the removal proceedings. The respondent is a suitable candidate for prosecutorial discretion and merits careful consideration for the reasons outlined below: 1. Lawful Permanent Resident Status: Mr. Leeming has been a lawful permanent resident since he was twelve years old, demonstrating his long-standing ties and commitment to the United States. 2. Criminal Conviction: The grounds for his removal are based on an E felony for marijuana possession, an offense dating back to when he was a mere 24 years old. Now at 53, Mr. Leeming stands before you a changed man, having distanced himself from any form of criminal activity since that youthful indiscretion in 1995. Over these intervening years, he has transformed from a young man caught in a misstep to a dedicated family man upon whom his family deeply depends. The narrative of Mr. Leeming’s life is one of redemption and personal growth, underscoring the belief that individuals are capable of change and that society should allow for the possibility of second chances. Since his conviction, he has led an exemplary life, demonstrating through actions and deeds the core values of responsibility, care, and community contribution. His story is a testament to the power of change and the human capacity for resilience and reform. 3. Health Concerns: Mr. Leeming is currently suffering from Parkinson’s disease, a severe neurological condition that requires ongoing medical attention and support. Deportation to Jamaica could severely impede his access to necessary medical care and exacerbate his condition, potentially leading to significant health deterioration. 4. Economic Contributions: As a gainfully employed auto mechanic for the past thirteen years, Mr. Leeming has demonstrated his commitment to his community and the country. He has consistently paid taxes and contributed economically and socially to the United States. 5. Family Ties: Mr. Leeming has extensive family ties within the United States, including his mother and wife, who are both U.S. citizens. His removal would not only be detrimental to his well-being but also to that of his U.S. citizen family members who rely on him for support and companionship. 6. Rehabilitation and Good Moral Character: Since his conviction, Mr. Leeming has shown substantial evidence of rehabilitation and has led a life indicative of good moral character. His positive contributions to society and lack of subsequent criminal activity reflect his respect for U.S. laws and values. 1. A favorable exercise of prosecutorial discretion should be granted as it is within the power of the OPLA as well as is mutually beneficial to all parties involved. It is well-established as a matter of law that the Department of Homeland Security enjoys the power of prosecutorial discretion. Both federal courts and the Board of Immigration Appeals have found that DHS possesses discretion in deciding how best to exercise its immigration enforcement powers. See Reno v. American- Arab Anti-Discrimination Comm., 525 U.S. 471, 489-92 (1999) (finding that the INS retains inherent prosecutorial discretion as to whether to bring removal proceedings); Matter of Yauri, 25 I&N Dec. 103, 110 (BIA 2009) (noting that DHS has prosecutorial discretion to grant deferred action status to a respondent). The proper exercise of prosecutorial discretion can preserve the government’s finite resources while achieving just and fair outcomes in particular cases and advancing the administration and enforcement of immigration laws. As a result, prosecutorial discretion is a practice that the DHS positively encourages and even expects to be exercised. 2. Favorable exercise of prosecutorial discretion should be granted as the mitigating factors significantly outweigh the aggravating factors. Respondent is not a threat to national security and has not engaged in any threatened or actual violations of human rights nor in any terrorism-related or espionage-related activities. He has no prior record of terrorism or immigration violations, other than an E felony conviction for marijuana possession from 1995, over two decades. Mr. Leeming has lived a life marked by lawful behavior and positive community involvement. This period of over two decades without further legal issues demonstrates his commitment to being a law-abiding resident. The isolated nature of his previous offense, coupled with his consistent good character since then, suggests that Mr. Leeming poses no threat to public safety or national security – key considerations in the assessment for prosecutorial discretion. 3. Favorable exercise of prosecutorial discretion should be granted. The respondent is eligible for humanitarian protection due to the reasons outlined below. Herein counsel argues, as will be discussed below, that the totality of the respondent’s circumstances is compelling enough for a favorable exercise of prosecutorial discretion to be granted. It is on humanitarian grounds that we request prosecutorial discretion in Mr. Leeming's case. Deporting an individual suffering from a severe and progressive medical condition to a country where he lacks immediate family support and where appropriate medical treatment may not be accessible or affordable, contravenes the very principles of compassion and decency. It is crucial to consider the human impact of removal proceedings, particularly in cases like Mr. Leeming's, where deportation could result in severe health deterioration and undue suffering. The grant of prosecutorial discretion in this case is consistent with the intent of the law to provide relief and ensure that justice is given based on the plight of each individual. It is to ensure that humanity and justice will reign. Mr. Leeming is currently battling Parkinson's disease, a progressive neurological disorder that severely impacts physical movement, balance, and coordination. His condition necessitates specialized medical treatment, consistent monitoring, and a support network that is currently established and accessible in the United States. According to the World Health Organization, Parkinson's disease (PD) is a brain condition that causes problems with movement, mental health, sleep, pain and other health issues. PD gets worse over time. There is no cure, but therapies and medicines can reduce symptoms. Common symptoms include tremors, painful muscle contractions and difficulty speaking. Parkinson disease results in high rates of disability and the need for care. Many people with PD also develop dementia.1 Parkinson’s disease is not curable, but there are multiple ways to manage its symptoms. The treatments can also vary from person to person, depending on their specific symptoms and how well certain treatments work. Medications are the primary way to treat this condition. 2Effective management of this disease requires consistent, high-quality medical care and a strong support network, both of which Mr. 1 https://www.who.int/news-room/fact-sheets/detail/parkinsondisease#:~:text=Parkinson%20disease%20(PD)%20is%20a,muscle%20contractions%20and%20difficulty%20speaking. 2 https://my.clevelandclinic.org/health/diseases/8525-parkinsons-disease-an-overview Leeming currently has in the United States. The advanced healthcare system in the U.S. provides access to necessary medications, specialized treatments, and regular monitoring that are essential for managing his condition and maintaining the highest possible quality of life. The support of immediate family is critical in managing chronic illnesses like Parkinson's disease. Mr. Leeming's family in the United States plays an indispensable role in his daily care and emotional wellbeing. Deportation would sever these vital support networks and leave Mr. Leeming isolated in facing his medical challenges. The psychological and physical impact of this separation cannot be overstated, as family support has been shown to significantly affect the prognosis and management of chronic conditions. The health care system, and country conditions in Jamaica must be considered in granting the request for the exercise of prosecutorial discretion. Deporting Mr. Leeming to Jamaica would severely disrupt the medical treatment and support systems critical to managing his Parkinson's disease. The healthcare system in Jamaica faces significant challenges, including limited resources, insufficient medical personnel, and a lack of access to specialized treatments and medications. The major concern among Jamaicans is Jamaica’s health care system. According to the Jamaica Gleaner, only 20% of Jamaicans have health insurance, leaving 80% of people to either go without it or rely upon the public system.3 That number is alarming because it means that there are people out there that aren’t getting the care they need. The Jamaican health category of Trading Economics tells us that there are 30,000 people living with HIV. In knowing that alarming number, and based on research, BioMed Central states that for every 10,000 people, there is 9.68% of physicians that practice medicine there. That’s nowhere near the amount of help that the healthcare industry needs. People tend to think that Jamaica’s health care industry is lacking in the number of competent workers but that’s not the case at all. Its cry for help is in the actual medical facilities’ infrastructure of not having the right tools and resources to provide the right type of care to its thousands of patients. The root cause of this issue is funding. To effectively and properly be able to expand the current medical facilities that already exist, it’s very expensive. And the costs of building brand new facilities will cost even more money so until the island finds a way to bring in more revenue, the people of the island will have to suffice with the resources they currently have. 4 Emergency services and hospital care vary throughout the island, and response times and quality of care may vary from U.S. standards. Public hospitals are under-resourced and cannot always provide high level or specialized care. Private hospitals require payment up front before admitting patients and may not have the ability to provide specialized care. Ambulance services are not always readily available, especially in rural areas, and are not always staffed by trained personnel. 5 3 https://jamaica-gleaner.com/article/news/-/healthcare-crisis-tufton-says-only-20-cent-jamaicans-haveinsurance#google_vignette 4 https://sflcn.com/health-care-crisis-jamaicas-cry-for-a-better-health-care-system/ 5 https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/jamaica-travel-advisory.html The lack of adequate medical facilities and treatments in Jamaica would not only impede Mr. Leeming's ability to access the necessary medical care but would likely lead to a rapid and severe deterioration of his health. The inevitable decline in his health condition would be exacerbated by the unavailability of appropriate medical care, potentially leading to an accelerated progression of his disease. This not only poses a significant risk to Mr. Leeming’s health and well-being but also places an undue burden on a healthcare system in Jamaica that is ill-equipped to provide the specialized care required for his condition. In light of the severe health implications and the significant disparity in medical care and family support between the United States and Jamaica, we respectfully request that prosecutorial discretion be exercised in favor of Mr. Anthony Leeming. Allowing him to remain in the United States is not only in his best interest but is also a compassionate acknowledgment of the harsh realities associated with deporting someone with a serious medical condition to a country ill-equipped to support them. Current travel advisories issued by the U.S. government underscore the dangers present in Jamaica, citing violent crimes and health care deficiencies. The U.S. State Department's warnings reflect the real risks to personal safety and the lack of adequate medical infrastructure – factors that are especially concerning for someone in Mr. Leeming’s fragile health condition. Deportation to Jamaica would not only expose him to the inherent risks of his medical condition without proper care but also to heightened threats to his personal safety in an environment currently deemed unsafe by U.S. standards. According to the Jamaica Travel Advisory issued by the U.S. government issued only last January 23, 2024. The government warns its citizens to reconsider travel to Jamaica due to crime and medical services. U.S. government personnel under Chief of Mission (COM) security responsibility are prohibited from traveling to many areas due to increased risk. Please read the entire Travel Advisory. Country Summary: Violent crimes, such as home invasions, armed robberies, sexual assaults, and homicides, are common. Sexual assaults occur frequently, including at all-inclusive resorts. Local police often do not respond effectively to serious criminal incidents. When arrests are made, cases are infrequently prosecuted to a conclusive sentence. Families of U.S. citizens killed in accidents or homicides frequently wait a year or more for final death certificates to be issued by Jamaican authorities. The homicide rate reported by the Government of Jamaica has for several years been among the highest in the Western Hemisphere. U.S. government personnel under COM security responsibility are prohibited from traveling to the areas listed below, from using public buses, and from driving outside of prescribed areas of Kingston at night. 6 Given the severe and immediate risks to Mr. Leeming's life and well-being if deported, combined with the current unsafe conditions in Jamaica as recognized by the U.S. government, we strongly urge the use of prosecutorial discretion in his case. Allowing Mr. Leeming to remain in the United States would ensure his continued access to necessary medical care and protect him from the compounded risks of his illness and the unsafe environment he would face in Jamaica. We appeal to your sense of compassion, humanity, and adherence to the principles of justice and mercy that underpin our legal system. Please consider the exceptional circumstances of Mr. Anthony 6 https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/jamaica-travel-advisory.html Leeming’s situation and grant him the opportunity to continue his life and treatment in the safety and security of the United States. CONCLUSION For the foregoing reasons, the respondent sincerely requests that the Office of Chief Counsel exercise favorable prosecutorial discretion and join in the dismissal of the proceedings, in the abovereferenced case. Respectfully Submitted, Carmelia Taylor, Esq. Law Offices of Carmelia Taylor, PLLC. Attorney for the Respondent