Tuesday, November 6, 2018

Deportation of Cambodian American reversed

ASIAN LAW CAUCUS
Phorn Tem is greeted at tSan Francisco International Airport by family and friends.

ASAM NEWS


A CALIFORNIA MAN deported to Cambodia for a crime he committed nine years ago is back on American soil with familiy and friends.
The Sacramento Bee reports Phorn Tem returned to Sacramento Friday (Nov. 2) night to kisses and hugs from his surprised mother.

Run Nhei thought she was at San Francisco International Airport to greet a Cambodian embassy official, not her son.

Tem was one of 15 Cambodian nationals caught in a roundup by ICE agents during a roundup of up to 200 people last fall. He had been convicted of possession of marijuana when the 33 year old was 24.

“It was horrible,” he said. “I lost hope.” Tem said to the Bee about his time in Cambodia. He was born in a refugee camp in Thailand and was just 5 when he moved to the United States.

“Now that he’s back she’s finally going to be able to sleep,” said Phoeun Tem, Phorn’s sister. “Now that he’s back it’s a weight off our shoulders.”

Advancing Justice, Asian Law Caucus believes Phorn Tem is the first person to return from deportation to Cambodia.

“We’re proud to be a part of his journey and inspired to continue fighting for justice,” the group said in a Facebook post.

According to the Bee, Tem was deported one day before a superior court judge reversed his conviction on a prejudicial error.

Attorney Melanie Kim of Advancing Justice, Asian Law Caucus, fought to successfully reverse his conviction.


In order to secure his return, Kim filed a motion to reopen and terminate his deportation order.

“I filed a motion to reopen and terminate his deportation order arguing that because the underlying conviction was vacated, the deportation order is invalid,” Kim said. “The immigration judge agreed.”


When news of the reversal reached Tem, it took his breath away.

“Well, once the U.S embassy counselor in Phnom Penh told me I was in the clear by DHS and arranged for my departure back to the U.S. my whole body shook and I was holding back my tears,” Tem told AsAm News in an email. “Then I feel like passing out, couldn’t breathe. Took a deep breath and finally felt relief and kept on saying thanks to one of the counselors.”

Tem says it feels great to be back at home in the nice weather. He enjoys being able to take warm showers and sleep in a soft bed.

“I just enjoy every little thing that I took for granted, especially spending time with all my family here,” Tem said.
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