Langley’s José Figueroa is shown inside Walnut Grove Lutheran church

José Figueroa granted a new hearing

Langley father of three threatened with deportation, hopeful after 'best scenario' result

A Federal Court judge has granted a new judicial review in José Figueroa’s bid to stay in Canada on humanitarian and compassionate grounds.

On Thursday, Judge Richard Mosley wrote that the decision by an Immigration case worker to deport the Langley father of three was “not reasonable in the sense required by the jurisprudence, ie. that the decision is intelligible, transparent and justified.”

“This is great news,” said Figueroa. “This is the best scenario. We are getting closer, but we have to keep on going and encourage people to write to the ministers to make the decision as fast as possible.”

Since being ordered deported to his native El Salvador, Figueroa has been forced to claim sanctuary inside his church in Walnut Grove.

He has lived there for the past eight months.

In that time, Canadian Border Service Agency officers check on him nearly every day to make sure he hasn’t stepped outside the church, Figueroa said. The CBSA continues these efforts, even after Figueroa was granted temporary relief by the courts on his deportation order, while his applications go through the courts.

In Mosley’s decision he writes, “the humanitarian and compassionate grounds are exceptionally strong in this case.”

“As evidenced by the support that the applicant and his family have received from the community.”

Figueroa has lived in Canada with his wife for 16 years.

All three of their children were born at Langley Memorial Hospital.

Their oldest, José Ivan, has autism but is doing well with strong support from his father and his support team.

Mosley said the Immigration case manager failed to look at Figueroa’s family situation realistically.

“The Delegate (who declared his deportation) found that this relationship (with his son Ivan) could be maintained long distance by way of Skype, suggesting that the separation would have no detrimental effect on José Ivan’s development,” wrote Mosley.

“That is contrary to the evidence of a school resource teacher. . . the Delegate makes no reference to the evidence that stability is important in the development of an autistic child.

“Her conclusion that the applicant’s wife will be able to remain in Canada and care for the children ignores the difficulties she will encounter as a single parent trying to both provide and care for them.

Mosley notes that none of the immigration officers who considered his case over the years found that Figueroa was a risk to Canada’s security.

He also notes that the case manager “unreasonably referred to the FMLN as a terrorist organization.”

He also points out that the FMLN has not been proscribed as a ‘terrorist entity’ on the list maintained by the Government of Canada.

While everyone appears to agree the FMLN is not a terrorist organization, nor is it considered a threat to Canadian security, Figueroa has applied to the courts to make that position official.

That court case was supposed to go ahead last week but was delayed. In that case, Figueroa is asking for an official document that says the FMLN, (the current democratically elected government of El Salvador) does not appear on any Canadian list of terrorist groups.

No new court date has been set.

Just Posted

Langley pioneers remember heritage buildings

Ahead of November’s Douglas Day banquet, Fred Pepin speaks to importance of preserving local history

Turkeys avoid dinner plate at Thanksgiving meal in Aldergrove

Happy Herd Farm Sanctuary planned a vegan potluck dinner Sunday

Soroptimists of the Langleys host women’s health forum

Topics covered include medical assistance in dying, accessing medical cannabis, and a healthy brain

‘My heart goes out to the mother’: Carson Crimeni’s dad reacts to stabbing death of Ontario boy

Carson Crimeni, who was also 14, was bullied relentlessly, his dad says

Langley couple bring back medals from 55+ games

A gold and a silver for Brookswood residents

B.C.’s rural paramedic program expands, with home support

Advanced care ambulance staff added for six communities

BC Ferries sees steady traffic of post-Thanksgiving weekend travellers

Ferries filling up fast, sailing waits at some terminals

‘Save the kids!’ Dorian survivor tells the harrowing story of his Canadian wife’s death

Family held a funeral and placed Alishia Liolli’s remains in a niche at a cemetery in Windsor, Ont.

Heiltsuk Nation open first Big House in 120 years in northern B.C.

Opening means the community now has an appropriate space for spiritual and ceremonial events

Singh says NDP would form coalition with the Liberals to stop Tories

Singh was in a Liberal-held riding Sunday afternoon in Surrey where he was pressed about his post-election intentions

BC Ferries filling up fast with post-Thanksgiving weekend travellers

Monday anticipated to be busiest day of the weekend

The one with the ‘Friends’ photoshoot: Kelowna group recreates TV show intro

A friend’s departure prompted them to create something that really says, “I’ll be there for you”

Canadian Snowbirds plane crashes before air show in Atlanta

Pilot lands safely after ejecting from jet

Share crash data, private insurers tell David Eby, ICBC

B.C. monopoly makes drivers retrieve their own records

Most Read