Need help with the Office of Children's Issues

[dmdaven2]

Man 10$ says they send it to the TRASH in their email...if i were you i'd call up there to verify they read it...make sure you follow up cuz the Dept of State is shady like that and will act like they never received such an email. OOOR they'll try and say that since you're not on the privacy waiver they can't discuss anything with you...Carlos make sure you provide them with an updated privacy waiver so they can't pull that card.

[Wendy]

Wendy,
You must not have read my article. If so, you would know that the OCI was part of the Department of State.
 
http://bringseanhome.org/wordpress/?page_id=63

Tim! Of course I read it! I just couldn't remember and forgot to refer back to it. Thanks for the reminder.

[SageDad]

I woke up this morning to a phone call from Martha Pacheco, Abduction Unit Chief of the State Department’s Office of Children’s Issues.  Ms. Pacheco told me they had tried to call my lawyer this morning as well, which would have been around 7:00AM Mexico time, but that they got a message that his Telcel cell phone couldn’t be reached.  I told her they should try again because I also get those messages from time to time but when I call back 15 minutes later I get through.  In the Kafkaesque 15 minute conversation that ensued Ms Pacheco told me that records were not always kept during land crossings between Mexico and the US.  I repeated to her that that was fine; I only wanted the records that did exist and had already given Saul Leyva the date, airline and number of a flight she had taken from Mexico into the US.  She informed me that this was not the role that the OCI typically played and that they aren’t allowed to give legal advice and don’t have the information I’m asking for.  Furthermore, she said, the information I’m looking for would be of no use to me in my legal case since Mexico and the US share a land border that allows the fluid entry and exit of person’s between the two countries so proving she entered a country would not prove the date of the illegal abduction/retention.  I informed her again that my wife claims to have not entered the US since October of 2007 and any evidence of entry proves she is lying, but couldn’t help but wonder if, moments after she said they couldn’t give me legal advice, she was giving me legal advice, so I asked her if she was a Mexican attorney, to which she replied that she was not, but then, why was she telling me that the information I was requesting was of no use to me in my appeal when my Mexican attorney is the one telling me to obtain this information?  Furthermore, Ms Pacheco said that the OCI didn’t have that information and asking them for it was like asking a plumber to fix my electrical system (guessing she’s a big fan of Joe the plumber).  I told her that I felt it was more like asking a general contractor to work with the plumber and that I know the OCI has a working relationship with every other relevant US agency and that if I went to those agencies directly they would only tell me to work through the OCI.  At various points she said to me something to the effect, a decision was made in your case, sometimes including that the appeal is up to you and your attorney.  I felt the subtext of those statements were, we consider your case closed, we agree with the family courts decision, and aren’t going to get involved.

It sure is nice to know that, in my struggle to have my kidnapped son returned to his home and family in the USA, I have the full support of the US government behind me.  Thanks Martha

[sue]

Can't your attorney subpena the airline for the record?

[SageDad]

Can't your attorney subpena the airline for the record?

Any documentation from the Airline itself would be no better than that which I've already sumbitted since it would be considered a "private" document.. ie non-public or non Government issued.  I will start working with my US attorneys to subpoena this information from the Department of Homeland Security and the United States Citizenship and Immigration Services.  It would be helpful if during that I had my son's passport number.  Will have to see if the OCI (part of the State Department that issues passports) has that information and considers it relevant to my case since they have already said that records of my son's entries into the US are not relevant and I intend to use the passport number to try and request those records... :burn:

[sue]

You know this is absolutely insane.  I can't believe they will not give you what you have asked for.  It's infuriating.  Can you get an attorney here in the states to make them give you what you need for this so called judge in Mexico, who appears to be making up the laws as she goes.  I would like to know her reason for denying a government stamped document?  How do I know it's real?  This is awful and just the kind of thing that would make a person go crazy.  Hang in ther Carlos, somethings gotta give.  When I flew into Mexico, even on a private plane, we had to go through customs and this was many years ago so I used my birth certificate.  I'm sure she had her passport stamped, because you need a passport now. I'm sure there is a record somewhere.

[Diane]

The OCI cannot possibly consider an opinion given at a local court in Mexico a defining decision.  That is the equivalent of a family court decision which, as everyone here knows,  has NOTHING,  to do with a parent, who has broken the law in any country, under the umbrella of the Hague,   and HAS COMMITTED AN ABDUCTION OF A CHILD.

  The decision must be made in the country of origin.  These people are like so many bureaucrats at all levels of government, who will give a pat answer, to avoid some hard work,    It's disgusting and everyone should be concerned with this,   as it applies across the board, to all the parents who have suffered the cruel fate of having their child taken to another country and attempting to obtain assistance from our own U.S. agencies.

[Dan_Plainview]

Carlos,
 
You mentioned at one point that ,before she left, your wife asked you to go to the Mexican Embassy and register Sage's birth in Mexico (sort of a mirror document to his actual birth certificate here). Didn't that require your wife's signature? Was it during this timeframe or before this?
 
Sorry to bother; I am sure you already thought of this ...

[SageDad]

Carlos,
 
You mentioned at one point that ,before she left, your wife asked you to go to the Mexican Embassy and register Sage's birth in Mexico (sort of a mirror document to his actual birth certificate here). Didn't that require your wife's signature? Was it during this timeframe or before this?
 
Sorry to bother; I am sure you already thought of this ...

Very astute* observation.  Yes. I haven't mentioned that before since I didn't want the OCI to use it as yet another reason they shouldn't give me the documentation I asked them for.  In order to prove Sage's Mexican citizenship my wife submitted a certified copy of the Mexican birth certificate which was signed by both parents and two witnesses and has Sage's fingerprint.  Too bad she didn't appreciate the fact that citizenship is irrelevant in a Hague case.  This public Mexican document was applied for and issued in the presence of the Mexican Consul in the Mexican Embassy located in Raleigh, North Carolina on April 21, 2008.  The judge was too busy arguing about how I was a liar for saying my wife had returned to the US after Oct. 2007 and how the documents I submitted into evidence didn't establish that my wife had entered into the US since October 28th, 2007 that she never bothered to look at the fact that one of the documents my wife submitted proved exactly that beyond a shadow of a doubt  In arguing that I'm a liar and that my wife hasn't entered the US since October 2007 the judge is doing the legal equivalent of arguing black is white.  Likewise when she claims that although the pictures are real, and they were taken in my home in the USA, it is impossible to tell when the pictures were taken... even though some 15 of them are clearly Sage's first birthday party and it doesn't take a genius to figure out that his first bday was 5/14/2008 (not to mention all the other solidly legal documents I submitted that she called fake or lacking).  It's shameful that it took 9 months in family court to get a verdict that couldn't even acknowledge basic facts that by Mexican law are simple judicial truths that the judge is obligated to accept.  When a public document exists proving something happened the judge has no discretion to dispute it's validaity except when there is another public document that directly contradicts it.  All of this was included in the 80 page appeal we filed today.  This was but one of many fundamental legal errors that the judge committed and should serve as an example that judge's that hear Hague cases should have special training in the Hague Convention... and not smoke crack.

*Okay... I wanted to say very S H A R P observation but apparently XXXXX can't get past the filters... I'd have to say the filters are a little out of control..

[Mom25]

:mad2: This whole ordeal really aggravates me! it infuriates me!!!!!!  to know that the US gov't officials are NOT backing up their own... how can we "force" MEXICO, BRAZIL and all other LALALANDS to give in if the US is not acting on BEHALF of its own people as REQUIRED, and as VERY MUCH NEEDED?
 
This is so frustrating....
 
I cannot even imagine how you all (LBPs) sleep at night....
 
I am so sorry...

[sue]

Very astute* observation. Yes. I haven't mentioned that before since I didn't want the OCI to use it as yet another reason they shouldn't give me the documentation I asked them for. In order to prove Sage's Mexican citizenship my wife submitted a certified copy of the Mexican birth certificate which was signed by both parents and two witnesses and has Sage's fingerprint. Too bad she didn't appreciate the fact that citizenship is irrelevant in a Hague case. This public Mexican document was applied for and issued in the presence of the Mexican Consul in the Mexican Embassy located in Raleigh, North Carolina on April 21, 2008. The judge was too busy arguing about how I was a liar for saying my wife had returned to the US after Oct. 2007 and how the documents I submitted into evidence didn't establish that my wife had entered into the US since October 28th, 2007 that she never bothered to look at the fact that one of the documents my wife submitted proved exactly that beyond a shadow of a doubt In arguing that I'm a liar and that my wife hasn't entered the US since October 2007 the judge is doing the legal equivalent of arguing black is white. Likewise when she claims that although the pictures are real, and they were taken in my home in the USA, it is impossible to tell when the pictures were taken... even though some 15 of them are clearly Sage's first birthday party and it doesn't take a genius to figure out that his first bday was 5/14/2008 (not to mention all the other solidly legal documents I submitted that she called fake or lacking). It's shameful that it took 9 months in family court to get a verdict that couldn't even acknowledge basic facts that by Mexican law are simple judicial truths that the judge is obligated to accept. When a public document exists proving something happened the judge has no discretion to dispute it's validaity except when there is another public document that directly contradicts it. All of this was included in the 80 page appeal we filed today. This was but one of many fundamental legal errors that the judge committed and should serve as an example that judge's that hear Hague cases should have special training in the Hague Convention... and not smoke crack.
 
*Okay... I wanted to say very S H A R P observation but apparently XXXXX can't get past the filters... I'd have to say the filters are a little out of control..

How can the judge ignore that document?  Has your attorney filed the appeal with that document attached?  This is insane.

[SageDad]

How can the judge ignore that document? Welcome to Mexico Has your attorney filed the appeal with that document attached?  This is insane.

The truth is she can't, even though she never mentioned it once in her verdict.  

Everything from the original court file automatically gets sent to the appelate court with the write up of our appeal. .including this document.  The Judge literally based every argument she made against me on the basis that my wife never returned from Mexico after the trip she took which I gave her notarized permission to take on Oct 28th and which clearly said "tourist visit". There was no evidence submitted that my wife had actually even taken that trip or had been in Mexico prior to the commencement of judicial proceedings.  My wife's attorneys made constant mistakes throughout the legal proceedings.  We kept thinking they were gonna pull some kind of trick or trap and when they didn't we started to joke that I should send them money for working so hard to help me.  I understand now what they knew from the begining.  This was never a real trial.  The evidence and arguments didn't really matter and weren't really even considered.  My wife studied law in the same small town that all these judges and lawyers worked in and they weren't going to decide against her in favor of some gringo father.  Even realizing that though I am amazed at how poor a job the judge did in arguing her decision against the return.  My lawyer said it was one of the worst argued legal decisions he'd ever seen.  It's now up to the appeals court where my wife will not have her friends and family in and around the courthouse every day and the judges are better educated and trained.  Hopefully they do a better job than the family judge did, but even their decision will be a cosmetic one.  We need to wait for the appelate decision for the losing side to file the final appeal or "direct amparo" against the appeals court decision to have a final decision that is unappealable and can then look forward to working for the return order to be enforced.

[Dan_Plainview]

Carlos,

Not sooooo astute (or whatever), just felt/ feel "called upon" to try to help. After you get Sage back the acute pain you feel now will ebb and flow, but you will never look at the world the same again. You are doing everything right. Your mind is s h a r p and honed; your motivation and passion unquestionable; each word and step measured. You will get your son back.

May the Sovereign Lord our God Bring Sage Home!

[sue]

Carlos, what's going on with your appeal?  Has it been filed?  And if so, when will it be heard?

[dmdaven2]

:mad2: This whole ordeal really aggravates me! it infuriates me!!!!!! to know that the US gov't officials are NOT backing up their own... how can we "force" MEXICO, BRAZIL and all other LALALANDS to give in if the US is not acting on BEHALF of its own people as REQUIRED, and as VERY MUCH NEEDED?
 
This is so frustrating....
 
I cannot even imagine how you all (LBPs) sleep at night....
 
I am so sorry...

 
I Don't -- Hence I'm beginning to get more frustrated as days go on...and a really bad anger problem