Staff and wire reports
PHILADELPHIA — Federal officials have temporarily stayed deportation proceedings against Dr. Pedro Servano and his wife, Salvacion, of Selinsgrove, who had been ordered to leave the country because of a long-ago error on their paperwork, the couple’s attorney said Thursday.
The Department of Homeland Security on Wednesday granted the Servanos’ request for deferred action, which allows them to continue living and working in the United States for an unspecified amount of time, lawyer Gregg Cotler said.
“This gives us formal delay and stay of the deportation,” said Mr. Cotler, who added he postponed announcing the decision while he tried to determine what it meant for the family. It differs from the 60-day reprieve the family received in November, which was an informal delay of the deportation but with reporting conditions, he said.
“At this time, we’ll not enforce the removal orders while they pursue other options,” Immigrations and Customs Enforcement spokesman Michael Gilhooly said Thursday.
Deportation proceedings for the Servanos had begun Nov. 26 after all their appeals were exhausted.
The decision Wednesday shows DHS recognizes the case has unusual and profound circumstances, Mr. Cotler said.
“There is recognition on their part that this is not an ordinary deportation case,” he said. “(DHS) recognizes the miscarriage of justice that occurred on behalf of the Servanos. Fifty percent of it is actually our senators and congressman. Their interest in the case has created an additional stir. It also got DHS’s attention with their involvement and trying to support the Servanos.”
Deferred action, Mr. Cotler said, is a purely discretionary form of relief granted only under extraordinary circumstances.
“There is no statutory basis for the grant of deferred action,” he said. “There is no regulation. The immigration laws are based on some kind of law. This is based on neither.”
The family and its legal team are trying to buy additional time so that Pennsylvania’s U.S. senators, Arlen Specter and Robert Casey, and U.S. Rep. Chris Carney, D-10 of Dimock, can work on supporting private legislation or pursue other possible remedies with DHS, Mr. Cotler said.
“We feel very comfortable about the dialogue we have with DHS, Senators Specter and Casey, and Congressman Carney,” Mr. Cotler said. “The talks are going very well.”
The Servanos, parents of four U.S. citizens and prominent members of the Central Susquehanna Valley, could be deported to their native Philippines because of a change in their marital status during their visa application process more than 20 years ago.
They were single when they applied but married when the visas were granted; U.S. officials were never told of the change.
“This is not the end of the road for the Servanos in any way, as far as them feeling secure and safe now,” Mr. Cotler said. “All this is is a successful first chapter in a long, drawn-out fight that may still be ahead of them until there is some permanent relief granted to this family to regain their permanent legal status.
“It’s an absolutely good thing, and the family recognizes that it is a good thing,” he said. “But they don’t have unreasonable expectations that this is a permanent remedy or relief from deportation.
“It is still a temporary remedy.”
