(The Center Square) – Arizonans continue to call for the release of a business owner held by ICE.
Lisa Everett, former chair of the Republican Party in Arizona’s 29th Legislative District, has been working with Brent Peak, a Democrat, to keep Peoria restaurateur Kelly Yu from being deported.
Because Yu “has no criminal history” and is approaching 180 days in detention, her case now falls under legal precedents that could require her release from the custody of U.S. Immigration and Customs Enforcement, Everett said.
In a phone interview with The Center Square, Everett cited the 2001 U.S. Supreme Court ruling in Zadvydas v. Davis as limiting the time that noncitizens can be held in detention without deportation. Everett also pointed to Section 42B, which Everett said could allow Yu to remain in the United States with her family. Section 42B is a reference to the application to cancel a removal from the U.S.
Everett said she and Peak are grateful Yu is willing to change lawyers. “So we’re in the process of finding the right attorney for her, someone that’s going to fight for her and not just treat her like another file in the desk.”
Yu’s case has been going on for months. Peak said the government’s decision to detain her makes no sense.
“They would rather waste taxpayer money to detain her than to simply release her under the arrangement that she was under before they detained her,” Peak told The Center Square. “She’d been ordered to come in at check-in, she had an ankle monitor on, and she was abiding by the latest ruling and instructions. And that was when they chose to arrest her back in March, so she’s been there for almost six months now.”
Yu owns two restaurants and is planning a third. Her husband, Aldo Urquiza, is an American. The two were recently married. Meanwhile, Kelly’s daughter, Zita Yu, was born in the United States and is currently a college student.
The Center Square sought comment from Arizona’s federal lawmakers in Washington, D.C., and did not receive a response. That was also the case during a previous story from The Center Square in October.
In addition, The Center Square reached out to the U.S. Department of Homeland Security, but did not get a response. Assistant Homeland Security Secretary Tricia McLaughlin did email The Center Square in August to say the department stands by its actions.
“Lai Kuen Yu, an illegal alien from Hong Kong, has had a final deportation order from a judge since 2005,” said McLaughlin. “She was arrested illegally crossing the border by the U.S. Border Patrol in Arizona on February 4, 2004, and two days later was released into the country.”
McLaughlin went on to state that, on Nov. 14, 2013, the Board of Immigration Appeals dismissed her appeal and upheld the final order for Yu’s removal.
“On Aug. 23, 2016, the U.S. Court of Appeals for the Ninth Circuit denied her appeal,” said McLaughlin. “On June 12, the Board of Immigration Appeals granted her a temporary stay of removal while they consider her motion to reopen. She will remain in ICE custody pending her removal proceedings.”
Everett told The Center Square that Yu came to the United States when she was 18 years old. According to Everett, Yu was pregnant and fled China due to the one-child policy. When Yu arrived, Everett said Yu immediately applied for asylum.
Everett said Arizona’s federal representatives need to step up and help.
“The Dignity Act is in committee right now, and if they were to pass that, that would resolve so many problems for the Kellys of the world,” said Everett about the bill. “It doesn’t grant amnesty, but it does come up with the solution to let long-term residents be here indefinitely as long as they qualify, and that would mean no criminal background, they’re paying their taxes, things like that.”
Everett said Yu meets the requirements of that category, adding that Yu has been a financial supporter of her community.
