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  • IMMIGRATION CASE: Girls get to stay in U.S.

    Las Vegas Review-Journal, NV
    Jan 28 2005

    IMMIGRATION CASE: Girls get to stay in U.S.

    Intervention ends deportation threat for LV teens

    By LISA KIM BACH

    Rouben Sarkisian and his daughter Elizabeth, 12, get emotional
    Thursday after hearing that Sarkisian's two oldest daughters, who are
    incarcerated in Los Angeles and were facing deportation, will be
    released today.
    Photo by K.M. Cannon.

    Palo Verde High School graduate Emma Sarkisian, 18, is shown in this
    undated family photo made available to the Review-Journal.

    Palo Verde High School student Mariam Sarkisian, 17, is shown in this
    undated family photo made available to the Review-Journal.

    Rouben Sarkisian celebrates Thursday after hearing that his two
    oldest daughters, who are incarcerated in Los Angeles and were facing
    deportation, will be released today.
    Photo by K.M. Cannon.

    Rouben Sarkisian's despair over the looming deportation of his two
    teenage daughters was transformed into delight Thursday, when
    intervention from some of the highest levels of government secured
    their release from federal custody and the dismissal of the case
    against them.

    "My heart is ready to leap out of my body," Sarkisian said in Russian
    while working at his Tropicana Pizza parlor in Henderson. "At first,
    I didn't believe it would happen so fast. This day gives me more and
    more good surprises."

    Immigration officials are expected to release Emma Sarkisian, 18, and
    Mariam Sarkisian, 17, today. The girls, who are being held in a Los
    Angeles Detention Center, will be flown back to Las Vegas, and then
    turned over to the custody of their father. The family has been
    separated since the girls were arrested Jan. 14.

    Both Emma and Mariam were born in Armenia but raised in the United
    States. They emigrated from the former Soviet Union in 1991 with
    their father, who is a legal resident in the process of obtaining his
    citizenship. Emma and Mariam have three younger sisters who are
    American-born citizens.

    Immigration officials were trying to deport Emma and Mariam to
    Armenia. Neither teen speaks Armenian or has any means of support to
    sustain them in that country.

    The illegal status of the girls was not discovered until a trip to
    the Department of Motor Vehicles sent them to Las Vegas immigration
    officials for confirmation of their residency status in July.

    Then the girls discovered they faced an outstanding order of
    deportation. Until then, the family thought they were properly
    documented. The girls were arrested two weeks ago when they complied
    with a summons to report to the immigration office.

    The girls' difficulty is rooted in Sarkisian's divorce from his
    second wife, who was a U.S. citizen. Immigration officials told him
    that his divorce voided the 1997 notice of acceptance of residency
    applications sent to the girls by the U.S. Department of Justice.

    Sarkisian said he was never informed of that. If he had been,
    Sarkisian said, he would have corrected the situation immediately.

    The plight of the family garnered much sympathy from residents, who
    lobbied Nevada's congressional delegation for relief.

    Troy Baker, one of three attorneys working on behalf of the sisters,
    said his understanding was that U.S. Secretary of Homeland Security
    Tom Ridge deferred action on the case against the girls, which means
    they no longer face deportation.

    "The whole thing is over," said Baker, who received the news after 6
    p.m.

    Earlier this week, U.S. Sen. Harry Reid, D-Nev., asked Ridge to
    intercede in the Sarkisian case. Sarkisian said Reid's concern had
    given him cause to hope.

    "He has great heart," Sarkisian said. "He is a humanitarian."

    Sarkisian was also thankful to the people who lobbied on behalf of
    his children, including retired Archbishop Vatche« Housepian of the
    Western Diocese of the Armenian Church in North America. He flew to
    Las Vegas from Los Angeles on Monday to offer aid to the family and
    their attorneys.

    Baker said he believed the calls and e-mails of support people made
    to lawmakers were vital in turning the tide.

    "If you want to give props to where they should go, it's to the good
    citizens of Nevada who heard the story or read it in the newspaper
    and got involved," Baker said. "That's what got Senator (Reid) to
    take notice."

    The evening events erased the disappointments experienced by the
    family in federal court Thursday morning.

    Attorneys Baker, Jeremiah Stuchiner and Vladimir Goutsaliouk
    unsuccessfully sought an order of release for the girls. U.S.
    Magistrate Judge Robert Johnston said he could find no legal basis to
    grant the request.

    "I thought the judge would send them home," said younger sister
    Michele Sarkisian, 13, after the ruling. "At least he gave us more
    time though. He didn't deport them today."

    Sarkisian said the mental state of his daughters had been
    deteriorating while in custody. The limited phone calls they were
    able to make from Los Angeles were filled with tears. Emma,
    especially, was growing increasingly depressed.

    During the hearing, Johnston voiced concern about the welfare of the
    girls and asked about the conditions of their detention.

    Attorney Tom Walter, representing U.S. Immigrations and Custom
    Enforcement, said he understood from officers at the Los Angeles
    Detention Center that the girls were kept separate from the general
    population and given access to family and legal counsel.

    Stuchiner, who took the case for free, took issue with that
    assertion.

    Immigration officials did not tell the family where the girls were
    being held for more than a week, he said. They lack access to
    showers, he said, and on Thursday told him they had been without
    toothbrushes and toothpaste since they arrived at the detention
    center Jan. 14.

    And, Stuchiner added, the girls' access to their family was limited
    to 12 minutes at a time, the duration of the phone cards they receive
    while in detention.

    "It's ridiculous," Stuchiner said. "It's just silly to say the family
    has access."

    Baker said family friends were permitted to deliver fresh clothes to
    the girls on Thursday, as they prepared to return home.

    Elizabeth Sarkisian, 12, plans to meet her sisters with Titi in tow,
    the family mutt that Mariam loves best.

    The separation has been a burden on the Sarkisian family, which
    relies on Emma and Mariam to help run the family business. The
    Sarkisians live in northwest Las Vegas, where Mariam attended Palo
    Verde High School as a senior. Emma graduated from Palo Verde in
    2004.

    Mariam's teachers have called the family to say that they will be
    happy to help her catch up when she returns. While in detention,
    Mariam missed her final exams.

    The father had to fight back his tears Thursday morning when he
    described his 10-year-old daughter's worry for her sisters' plight.

    "Patricia, the youngest, comes to me every day and asks if it's true
    they will let Emma and Mariam go free today," he said.

    The decision to release the girls does not set any kind of legal
    precedent, Baker said. Immigration officials have discretion within
    the law.

    The girls are still technically illegal, but the deferment means that
    the father will be given time to obtain citizenship. Once he has
    that, he can sponsor both his daughters for legal residency.

    That was the solution defense attorneys had sought from the start.
    Baker laughed when asked why immigration officials didn't exercise
    their discretion from the outset.

    "They did," Baker said. "They exercised it in the negative."

    For pictures:
    http://www.reviewjournal.com/lvrj_home/2005/Jan-28-Fri-2005/news/25751865.html

    From: Emil Lazarian | Ararat NewsPress
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