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Immigrant family pleads for son's stay



Published: Thu, October 23, 2008 @ 12:00 a.m.
  The Gilea Deportation

The family has spent about $100,000 in legal fees so far.

By DENISE DICK

VINDICATOR STAFF WRITER

BOARDMAN — He immigrated to the United States at 15, graduated from Boardman High School and earned a bachelor’s degree in electrical engineering from Youngstown State University.

But for the last 10 months, Virgil Ciprian “Chip” Gilea, 30, has been in jail.

He’s not charged with a crime.

He was at work Dec. 27, 2007, when agents from the Bureau of Immigration and Customs Enforcement showed up and arrested him. He’s been locked up ever since.

He was first in Bedford Heights, Ohio, then Mahoning County Jail, and he’s now in Tiffin, Ohio — labeled a flight risk, unable to secure supervised release despite several attempts through the courts.

His family fears he could be put on a plane out of the country at any time.

“ICE doesn’t look at individuals, at what they’ve accomplished, what they’ve done for the community. People are just numbers,” Chip said via telephone from jail.

After earning his degree from YSU, he started working in 2004 for Energy Development Inc. at the Allied Waste carbon limestone landfill in Poland Township, where his father, Virgil Gilea, also works. In 2006, Chip bought a house in Austintown.

“These people came to this country, learned English, raised their children, sent them to school; they have jobs. They never cause any problems. Their home is always well maintained,” said Jeanne Hanuschak, a next-door neighbor of the family. “If we don’t want these kinds of people in this country, who do we want?”

She collected signatures from about 200 friends and supporters, asking for Chip’s release. The petitions were sent to local politicians and to President Bush. Supporters at the family’s church, Holy Trinity Romanian Orthodox Church, Youngstown, have also written letters on Chip’s behalf.

“No one will take the time to sit down and look at this case and see what’s going on,” Hanuschak said.

In a July decision to continue his detention, ICE officials wrote: “Your lack of regard for the immigration laws of the United States is blatant.” Because of that, “along with facts that you have no equities in the United States, and little sponsorship if released, that you are considered to be a flight risk, and deemed likely to abscond.”

Chip and his family find that characterization puzzling.

“A person who’s a flight risk doesn’t buy a house, doesn’t work at the same company and live in the same community for years,” Chip said.

His father, a U.S. citizen, was at work the day of Chip’s arrest and tried to persuade the agents to allow his son to call his attorney before taking him away.

The agent “told me, ‘Stay back, you’re a U.S. citizen. You don’t want to harbor an illegal immigrant,’” Virgil said, his voice breaking. “He’s my son.”

An attorney from Cleveland, formerly retained by the family, was notified about the problem: Chip stayed in the U.S. beyond his authorized period of admission. That resulted in a notice in 2001 to appear before an immigration judge, Chip’s first indication there was a problem. Chip went to court in 2002 and was given until March 2003 to file an application requesting asylum.

But the attorney filed the application three days late and a judge denied it.

Chip was granted a voluntary departure order, which would have allowed him to leave the country voluntarily within 30 days without deportation. His attorney at the time failed to inform him. So, Chip didn’t leave within 30 days.

The attorney even filed paperwork with the court attesting to the fact that Chip didn’t know about the order.

Since then, he’s traveled throughout the country for his job, and hasn’t encountered any difficulties.

“If I would have known about the voluntary departure, I would have done it,” Chip said. “At least that would have given me time to get things in order.”

When a person is deported, they’re barred from five years to life from returning to the U.S.

Now, ICE agents have told him that he’ll be deported by next week. The U.S. Sixth Circuit Court of Appeals last week denied a motion for a stay in his case.

An agent will take him to the airport and he’ll fly to Bucharest. All he can take with him is a 50-pound bag, and the agency won’t tell him his exact departure date for “security reasons,” Chip said.

His parents and sister are in the U.S. The only family in Romania are his maternal grandparents, who are both elderly; one suffers from dementia.

“From Bucharest, it’s seven hours to my grandparents’ house either by car or by train,” Chip said.

Michael Gilhooly, an ICE spokesman, said that after the initial voluntary departure order, Chip’s attorneys filed an appeal and in November 2004 Chip received another voluntary departure order, giving him until December of that year to leave.

He wasn’t arrested until December 2007 because his appeals process wasn’t exhausted until that November, Gilhooly said.

Chip is considered a flight risk and has remained in detention because when agents came to arrest him, he fled, Gilhooly said. Agents apprehended him after a half-mile foot chase, the spokesman said.

Both Virgil and Chip contend that Chip left the building to try to get a cell phone signal to call his attorney.

While Chip doesn’t face criminal charges, he’s been charged with an immigration violation, Gilhooly said.

“It’s a crime to be in the U.S. illegally,” he said.

The ordeal has taken a toll on the family in many ways.

His family has spent about $100,000 in legal fees since Chip’s arrest. They’ve also made his house and car payments, first with Chip’s money and then with their own.

“Without my family, I would have lost everything,” Chip said.

Virgil, Chip’s mother, Minerva, and his younger sister, Bianca, make the roughly three-hour drive each week to visit Chip in jail.

But they can’t hug, kiss or touch their son and brother. Glass separates inmates and visitors.

Minerva holds her hand up, palm out to show how she and Chip press their hands on either side of the glass to feel closer.

Virgil has begun to dip into his retirement savings to pay all of the bills. Minerva said she’s lost 70 pounds since the case began and cries often. Bianca, 27, who got engaged about two years ago, has put her wedding on hold.

“I don’t want any other family to have to go through what we’re going through,” Bianca said.

Virgil and Minerva came to the U.S. in 1990, leaving their two children with their grandparents in Romania.

“I came with $15 in my pocket and two suitcases,” Virgil said.

The couple spoke no English but learned, taking classes at the former Mahoning County Joint Vocational School.

In 1994, with help from his then-employer, BFI, Virgil was able to bring his children to the U.S.

“We were already split from our children once for four years,” Minerva said. “Now, we’re separated from our son again.”

The children didn’t speak English but learned while students at Boardman, where both graduated. They both also earned degrees from YSU.

Bianca was granted citizenship because of her younger age. Chip wasn’t.

“I’ve lived here for half of my life — all of my adult life. My life is here,” Chip said.

He still loves this country. “It’s still the country of opportunity if you have the will,” he said. “I just don’t agree with how ICE treats people.”

He’s hopeful that after he leaves, a new Cleveland attorney’s attempts to secure him a waiver of the ban prohibiting re-entry to the U.S. will be successful and he’ll be able to rejoin his family. But he doesn’t know how long that process will take.

The family is grateful for the community support. Some of Chip’s co-workers, however, say they’re disappointed that calls to area politicians haven’t helped.

A spokeswoman for U.S. Rep. Charlie A. Wilson Jr. of St. Clairsville, D-6th, said the congressman doesn’t comment on cases that are pending.

Minerva said U.S. Sen. Sherrod Brown’s office has recently taken an interest in the case.

Meghan Dubyak, Brown’s spokeswoman, said the office plans a letter to immigration officials asking that they give “full consideration” to Chip’s latest appeal. There are at least five identifiable errors in paperwork filed when Chip first arrived in the U.S., she said.

“It seems to me that the whole family is getting a bad deal from our whole country and from our politicians,” said Rick Durham, who’s worked for about five years at Energy Developments. “I think the whole thing is disgusting.”

Virgil has been in this country for 20 years, paying his taxes, following the rules and trying to do things the right way, said Durham, the plant’s lead operator and health and safety coordinator. “It’s terrible.”

Durham described Chip as a hardworking, knowledgeable employee and an honest, respectful man.

“Chip was a good worker and a clean-cut kid with manners,” said Tim Powell, the plant’s operations supervisor. Powell said he doesn’t understand why the government wants to deport Chip when the mistake was someone else’s.

“I would never say I’m not proud to be an American,” Powell said. “But it sure makes you downhearted about it.”

denise_dick@vindy.com

U.S. BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT

U.S. Department of Homeland Security

Among its operations is the Office of Detention and Removal Operations. DRO: Promotes public safety and national security by making certain, through the enforcement of U.S. immigration laws that all removable aliens depart the United States. The office makes use of its resources and expertise to transport aliens, to manage them while in custody and waiting for their cases to be processed, and to remove unauthorized aliens from the United States when so ordered.

An Austintown man is one of those the agency is trying to remove from this country:

• 1990: Virgil and Minerva Gilea immigrate to the U.S. from Romania.

• 1994: Their children, Chip and Bianca, join them.

• 1994: Virgil and Minerva buy their home in Boardman.

• 2004: Chip begins working at Energy Development Inc., Poland.

• 2006: Chip buys a home in Austintown.

• Dec. 27, 2007: Chip is arrested at work by ICE agents.

Source: ICE Web site and Gilea family


Comments

1DoctorGonzo(728 comments)posted 5 years, 10 months ago

“It seems to me that the whole family is getting a bad deal from our whole country and from our politicians,” said Rick Durham, who’s worked for about five years at Energy Developments. “I think the whole thing is disgusting.”

It seems to me that Chip's attorney let him down. I think the attorney's blatant malpractice is disgusting. I think the fact that there are several hundred thousand other illegal immigrants living off taxpayer dollars, getting free healthcare, and not paying taxes just because they appease the corporate mantra of cheap labor is even more disgusting. What a bassackwards situation.

Suggest removal:

2pj(80 comments)posted 5 years, 10 months ago

It is absolute stupidity by our government.
Just another deception of the Bush & Cheney
administration. As a republican, I will be glad when they are out of office.

Suggest removal:

3LONGCOOLWOMAN(11 comments)posted 5 years, 10 months ago

Why did the attorney file the paperwork 3 days late? Sounds as though the State of Ohio needs a complaint filed by Chip to the Disciplinary Counsel. The attorney is an American right? We have laws in Ohio that protect taypayers - give us your tired, hungry, and poor.
That's what a bad attorney can do for you, even though the Statue of Liberty states the same!

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4apollo(1227 comments)posted 5 years, 10 months ago

I can't believe that there are right wingers who say that we've not lost constitutional rights under the NEOCONS. Here's a prime example.

I suspect that if this kid was a Mexican picking fruit out at Whitehouse Fruit Farm, he'd be back at work almost immediately.

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5FrRemus(2 comments)posted 5 years, 10 months ago

This story supposed to be in the News long time ago, but the family believed in the fairness of our government until now. The situation took a great tall on Gilea's family to accept the news media. Government doesn't like this and will speed up the process to cover up and deport Chip, a short cut to...
The Immigration new law doesn't have any fairness as the comon law has and it became the "Procust's bad". I don't know why so many smart lawyers in our country don't notice or don't take a stand, perhaps it is a hot issue on the political field, political correct or incorrect ?!? not what it's right or wrong.
Illegal is illegal but WHY ? no one take some time to ask !
Why the lawyers who are at fault don't pay ? They were paid to do their job ! but an innocent person pays double or even more, marked for life.
I was their priest for years and I know well the entire family. They shouldn't go through this;it is not right it is not good it's not correct.
I will continue to pray for Chip and his family but mostly for our government and our country.

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6Erplane(482 comments)posted 5 years, 10 months ago

This is so sad and demonstrates how inept our government has become. We were a nation that built itself on the sweat equity of our immigrant ancestors, now we treat them like cattle. It is getting harder and harder to have pride in the U.S. Good luck to the family, may everything resolve itself.

Regards,
Eric

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7Ciharan(3 comments)posted 5 years, 10 months ago

Cases as such are one of the biggest disgraces to our U.S. government, who prides itself on being the land of the free. As an immigrant myself (although a citizen, now), I acknowledge that there are so many immigrants in this nation that do NOT deserve to be here. They come illegally; they work on the "black" market; they don't pay taxes; and some don't even both to learn English.

In this case, a young man did everything right to earn the freedom to live in this country, and the US Govt came back and slapped him real hard in the face! How is it that even after the lawyer admits to having processed documents late and having concealed information from Chip, there's no way to properly resolve this case? How is it that so many circuit court judges and immigration officials do NOT identify this lawyer's mistake? WHAT A DISGRACE!!!!!!!!

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8Ciharan(3 comments)posted 5 years, 10 months ago

Remember the song by Lee Greenwood?...."cause I'm proud to be an American, where at least I know I'm free..." Are we REALLY free?????

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9cnikki818(1 comment)posted 5 years, 10 months ago

This situation makes me completely heartbroken..Chip has been apart of my life for over a decade and I consider him one of my best friends, if not family. He is somebody that I could trust, talk to and know I would be able to count on for anything. Chip was their supporting me throughout many events in my life and always seemed to make sure that I was on the right track. He always cared about me and treated me like family. I hate the fact that this is even happening and he is DEFINITLY NOT the kind of person who should be going through this. I dont agree with the government and because of other's carelessness and mistakes, an innocent man is being punished. I know Chip will come out fine in this situation. He has worked for everything he owns and has accomplished many if not all of his dreams. He should be able to enjoy them here in the United States where he belongs!..i love you chip!

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10CindyZ(1 comment)posted 5 years, 10 months ago

As a born American citizen it disgusts me to watch what our goverment has done to such a beautiful person. I have been aquinted with Ciprian since 2001, hes not only the love of my life but my best friend. I have had the pleasure of watching him achieve his most precious dreams. It breaks my heart to hear his voice everyday knowing how difficult it must be to be paying the price from someone elses ignorance. To know him is to love him and I will stand by him and support him no matter what the outcome is! I would have never believed that our goverment could do such a cruel act but going thru this with him and his family has made me realize that there is a huge problem with immigration. I love this country and support homeland security but what they're doing with Chips case is unfair and definitly not the way we treat people in this country!

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11IoanaGermany(4 comments)posted 5 years, 10 months ago

I am the cousin of Ciprian, I love him very much and I am sorry from the heart that such a thing could happen! Nevertheless, America was, and it is still a model for the whole world!!! Why does happen just there something like that awful? Why does America separate the families which have been based something? A whole life not only one moment! if it was, nevertheless, only one mistake of the lawyers, they should add it, it is here about life and not around the driving licence. I live in Germany, since I am small and again to Romania to decrease now it would be inconceivable for me!! I love you Cipri!!!! And my mother and my sister also!! Hope dies too last. We beeten for you

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12IoanaGermany(4 comments)posted 5 years, 10 months ago

I have really considered whether I should make in usa career. But with such cases one sees the truth about America, it is not all gold what shines!!! Above all there! In America there are many people what talent have! But these are only the people them a normal job have and the actors or singers! I have made a negative opinion about the government of America to myself by this case! There are so many criminals there one must touch, but one comes along, nevertheless, about innocent thoughts!! This case should follow Bush sometimes then he has done sometimes what good in his occupation!

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13Stan(9923 comments)posted 5 years, 10 months ago

What we have here is "BUREAUCRACY" and overzealous agents. America was built by hard working immigrants and their decendants. It is a shame that hard working immigrants are rewarded in this fashion.

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14Marierned(7 comments)posted 5 years, 10 months ago

Please....can't anyone help this family???? They are a loving, hard working family and they have tried and tried to do the right thing and trusted the attorney they had to do the right thing and she didn't...now this family has had to go thru something no family should have to go thru in this country! Does anyone have any suggestions as to who we can contact to get this out to someone who has a bigger voice than we do that can get this story out and get it to someone who can help?
I am proud to call Chip and his family my friends and neighbors!! Please get this story out there and if you have any suggestions as to who can help...please let the family know!!! Thank you, Marie

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15legalsec79(1 comment)posted 5 years, 9 months ago

First of all I would like to commend Denise for a very well presented case.

Secondly, as I read through this story I was struck, once again, by the tragic miscarriage of 'justice' this whole family has endured - and unfortunately, will continue to endure, together with countless other undocumented cases mirroring the circumstances set out here. I, myself, have covered one such case.

Please see:

MAS Freedom Secures Stay of Deportation for 60-Year Old Cardiac Patient, Ziyad Busaileh
http://www.masnet.org/takeaction.asp?...
(MASNET) 09/16/08

MAS Freedom Fights Deportation of Ziyad Busaileh, Cardiac Patient MAS Freedom Secures
http://www.masnet.org/takeaction.asp?...
(MASNET) 09/10/08

MAS Freedom Secures Release of ICE Cardiac Detainee Ziyad Busaileh of Raleigh, NC
http://www.masnet.org/takeaction.asp?...
(MASNET) 08/15/08

MAS Freedom Appeals to ICE and DHS Officials for Humanitarian Response in Case of Ziyad Busaileh
http://www.masnet.org/takeaction.asp?...
(MASNET) 08/13/08

MAS Freedom Offers Preparedness Advice as ICE Continues 90-Day Sweep
http://www.masnet.org/takeaction.asp?...
(MASNET) 08/04/08

MAS Freedom Investigates ICE Arrest of 60-Year Old Palestinian Cardiac Patient
http://www.masnet.org/takeaction.asp?...
(MASNET) 07/31/08

And to the Gilea family; I truly feel your paiin. As I covered the Busaileh story, there were times when I sat at my keyboard so caught up in the humanitarian aspects of the case that I would have to stop typing to wipe the tears from my eyes.

May God grant the members of the Gilea and Busaileh families, and the families of those who are not fortunate enough to have their stories told, the continued strength, grace and courage to remain united.

Best regards.

Aishah Schwartz
http://www.masfreedomvip.com

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16FrRemus(2 comments)posted 5 years, 9 months ago

Romanian Embassy reported that more than 10,000 messages of support they have received for Chip since the news is out.
Someone has a deaf ear!?!

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