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Posts Tagged ‘Judge Dally’

Encarnación Bail Romero

Presumably most of the readers of this blog have had a taste of family court justice ‘s solidarity towards their own, and they know it is rarely about justice.  Say, you file a downward petition of child support which is denied; then you appeal and your appeal is also denied, because the appellate judge won’t overturn a decision of a fellow colleague. You may not be able to pay your rent but you are an unknown entity for these folks, while they cross pass every day and want to be able to take the elevator together if they have to without being uncomfortable.

Sometimes that’s sadly all there is to it in a ruling, or perhaps I am just rambling trying to find out a rationale to the termination of Encarnación Bail Romero’s parental rights. Bail Romero, an undocumented immigrant from Guatemala, lost custody of her son Carlos after the INS raided the poultry plant where she was working.  While she was incarcerated, Bail Romero thought her son Carlos was taken care off by family members, who in fact had their hands full with their own children and asked for the help of the Moser family. The Mosers came to like the kid and file for adoption, knowing Bail Romero’s predicament.

Don’t bother asking why in Missouri one can adopt a child whose parents 1/are known and in jail 2/ have not stated their willingness to give up her children for adoption. Judge Dally – Jasper county, Missouri circuit court- doesn’t mind and delivers the kid to the Mosers. Encarnacíon Bail Romero then regained her parental rights once in Missouri Supreme Court and lost them again, along with Carlos, a week ago. Green county Judge David Jones ruled that Bail Romero abandoned Carlos while in jail, clearing the way for the Mosers to file for Carlos’ adoption a second time. Evidently, judges in Missouri have a peculiar conception of parental rights, and one wonders how the Mosers can even think of adopting a child that they have to tear off from his mother. That’s the sad outcome of à la Dally and Jones justice: illegal immigrants’ children are up for grab in Missouri.

A justice system that allows Encarnación Bail Romero to be deprived of her parental rights does not need rogue judges like Dally and Jones in business. All that is needed is for the INS, after a raid into a plant operating with undocumented immigrants, to inform prospective candidates for adoption about the list of available children.

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Mejia family (Photo Associated Press)Many New Yorkers, myself included, are critical about the MTA’s (Metropolitan Transit Authority, which runs the city’s train system) performance.  I don’t have a Twitter account, but I know about the twitter feed Fake MTA, which helps me endure the bumps of my daily commute. One Fake MTA twit stated something like ” in order to speed up service, trains are no longer going to make any stops.”
Sadly enough, with the family court system, people don’t have the recourse of humor. The pinacle of absurdity has been reached. Family courts do not make procedural stops any more as they rush to deprive people from their parental rights.
Check out the Mejia family’s case. Alfonso Mejia and Margarita Almaraz were undocumented immigrants from Mexico living in the U.S., with two of Almaraz children from a previous marriage.  According to Mark Stevenson’s Associated Press article, the couple did not go to court after accusations of child abuse were pressed against them. The couple is deported anyway without the children, born in the US. In Pennsylvania courts too, they are fellows like Dally, the infamous judge that deprived Encarnación Bail Romero of her parental rights: Proceedings started to terminate Mejia and Almaraz’s parental rights and to adopt out the children to an American family. Fortunately, the Chester County judge accepted that the testimonies be made with Skype from Mexico City, and the family was reunited after two years of separation.
Obviously, such ordeals could be avoided if parental rights of undocumented immigrants were to be acknowledged in the first place.

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Let's Get Honest! Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?' (See March 23 & 5, 2014). More Than 745 posts and 45 pages of Public-Interest Investigative Blogging On These Matters Since 2009.