January 8, 2M8 SENT VIA ELECTRONIC MAIL: ebeckeitlaw@gmaII.com Vlr. Gutt?rrex Soto El Pam?) Pracesg?ng Center S, and Custom Enforcement 8.15 Mariana Avenue El Page, Texas 79925 Dear Mr. Emilio Gut??rrez Sate! lra @3an30 to my inquiry Cm yam behalf, i have l?E?CEl?x/E?d the enclosed regpartge from the S. Dag?artwler?lt of Herreeland Eecurlty. deeply regret that this matter could not be remix/ed in your favor. Hewever, DEEBSE keep me advised any new developments, and let me if there it iratermat-?nn rrligl'rt help resolve the cage more favorably. Tl?za?l: you for contacting me, appreclate the Opportunity to late of service Please dc) not liegitate t0 contact me if 3 Cart be? of further lf you d0 have any questiam abaut the declalm please contact my of?ce at 9l?=SlerlUO or your Casewmrker, lvlgi Stephanie Acosta at Sincerely, ?er mam?, Beta O'Rourke Member of Congress 80: SA Hill; u; Il'hi?iflJM im'ilm'.? mm" LS. i?al' Security llf-ll \iontann :"annc. Knit: I: l?ust?l. lei-:42? Lf?lvjej?i The l-lonorable Beto O?Rourke Member. US. House of Representatives 303 N. Oregon, Suite 210 El Paso. TX 79901 Re: Emilio A77 491 780 Oscar Guti?rrez?oto, A97 954 970 Dear Congressman OiRourke: This letter is in response to your multiple inquiries relative to Emilio and his son {)scar, with the most recent formal request dated December 22, 2017, subsequent to our meeting at the El Paso Service Processing Center on the same date. .h in that letter, you raise issues (as were apparently conveyed to you by Mr. Gutierrez-Soto) relative to Mr, Gutierrez-Soto?s health. and the health care being provided to him at the SPC. as well inform us that . .crccording to their attorney. Eduardo Beckett, a Stay off-lemma! was granted on December i, 20] )7 by the US. Department o/?Jtrsiice Board Appeals (BIA) pending a motion to reopen the case. For that reason, lid/i Beckett requests the release (y?hmilio and Oscar pending the decision by BI ?1 and request that we . .com?uc/ (Iv/oir review of'Emi/io and Oscars care within all parameters law, and request your agency provide my q?ice with an update in writing on the request/or humanitarian parole?. With respect to the alleged health related concerns, when I received your letter, 1 forwarded it to the SPC in order that medical professionals from our ICE Health Service Corps could advise on the claimed health concerns. 1 also advised your District Representative that I would do so, but, that without a release for medical information as well, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules would preclude passing on any information from his medical records to her. As of the writing of this letter, i have not received such a release the release form dated January 4, 2018, and received by me on January 5, 2018, does not provide release of such information to your of?ce it merely indicates, amongst other matters, that Mr. Gutierrez- Soto would like to have access to (his) n'zedfcol records drm?ng (his) time in That being said, I can inform you without violating, that IHSC has indeed reviewed the claims that you put forth, and maintains that it is capable of providing (and continues to provide) Mr. with adequate-health care as necessary. newscasts: 'l?hc llonoruhlc Hcto ("Tliiourkc Pane :2 With respect to Mr. Beckett's request that we. rclosso Mr. on osrolc" during tho pcndoncy ol? the nopcal of his order of rcmovol from the United States as you may knot-v. on January 25, Elli 7? the President ol" the United States issuod Order H3768 entitled ?Enhancing Public Safety in the lnicrior (hcrcin alter 13768?). Within ?0 13768 at Section :37 the President directed that "the Secretary Security (.S?ncrelmy) slur/l removal those (Illa-em described by the in (CINE). noel INCA other categories). Mr. Guti?rrcx-Soto falls squarely within tho more specifically Section ofthc Act? for having ?lay/rand or mI'sreprorm?ng ct molerirrljocr, wells Io procure (or has sought to procure or has procured) a visa. other or admission into the United Slates or other benefit provided under this chapter?. As you may know Mr. Guti?rrcz?oto was oxpcditiously rcinovcd from the United States. in 1999, after presenting a border crossing card to return to his illegal residence: and unlsx-vfol employment in tho Unitcd States. Oddly, that cncountcr and rorno'vsl scorn to malts it into the press. it is also signi?cant that Mr. Guti?rrcwaoto was loss than forthcoming about the facts and circumstances ol? this previoos removal, when arrested by Customs and Border Protection on June re, 2008. Also on January 25, 2017, the President signed Executive Order 13767, which states wi thin Section ll, that Secrelm?y take appropriate action to ensure r/mf parole authority under section 212(c7l) (5) ofllze MM ULSC. 182M) is exercised only on cased) t?case basis in accordance with the plain language off/re stature, and in all only when on individual c'en-ronszraior urgcm reasons or rigor/Econ! public lem-gfr?r rlcriwaalj?i?om such parole. Having, reviewed Mr. Guti?rrcz?oto?s casc at. length, the submissions from your of?ce as wolf as those of M1: i do not see any urgent humanitarian reasons requiring his rclcascl nor where his reloasc would provide a signi?cant public benefit. Accordingly, Mr. Guti?n?cz-Soto will remain in custody during the pcndency of his appeal. Should you requirc any further information in this matter, please: do not hcsitatc to contact Assistant Field Of? cc Director Tom Hernandez at (915) 8566509. Sincerely, WW) t, I William P. Joych Acting Field Of?ce Dlrcotor