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LIAM BRENT KELLY
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AN AMERICAN IN EXILE
.... November 12, 2004
Copy of letter sent to the judge on/about October 5 2004,(this has been edited for content as the judge saw me as a pro-se over a year before the tactics to attack my reasoning began and I had no fear of his torqueing the meaning of everything I say around).

Honorable Judge Strauss
Presiding Judge of the San Diego County
Superior Court- Central Division
220 W. Broadway
San Diego, California 92101-3409

Honorable Richard L Strauss:

I hope you will find time to read this letter. I have waited six years for justice to be done- and the large interests that willingly or blindingly aid and abet the treasonous actions against me and the legal system; that have reached a chilling d�nouement in the permanent exile of myself from my home- have succeeded in ablating all processes due within the legal system. I thus have no options available to me under the law and now turn to yourself and the media for assistance in bringing this important case to light. The series of injustices began in 1998 and the reason I write you is that one portion of the many misuses of the legal system appeared before you and though all other avenues of due process have been ablated without ever reaching subject-matter jurisdiction- as the obstruction has been entirely successful- the case before yourself was in minutia clearly an abuse of the legal system which you, I believe, saw and it demonstrates the same pattern that has been ongoing since 1998. The INS did not deport me in 1998, as you know for I was before you in 2000. The INS were used to terminate my case that arose in 1998 and the action before you was an instance of the actions taken to ensure that case would never be heard. Once the underlying case was �detached� from any possible scrutiny at the federal level during INS proceedings the INS then initiated action in march of 2001- and still illegally deported me �as an overstay�?!!?- Even though the BIA asked for a brief on my case and the INS matter could still have been dealt with independently and successfully if the government was not engaging in obstructionist measures.

I have been extremely patient awaiting any of the many who know of me and my case to simply do their job- if one does their job; good things happen and I believe if one does not do their job bad things- very bad things happen- this does not mean that I live by the credo of, �Albrecht mien frei�- that is evil. If one is asked to answer to Augustus Trajan one must decline; if one�s job does harm- one should withdraw. In America our legal system is important and it is based on the declarative axiom that is a sound, true and good foundation. I feel that I must continue to try and exhaust every avenue available; since the case is about more than the crimes committed against myself and the abuse I�ve endured- it is much larger than just my cause and deals with the attempt to replace that good foundation of our law. I appreciate you having at least declined the invitation to affirm the abusive sedition of 911 dialing to place the police in a heightened state of emergency; to override probable cause; warrant requirement; ect. in order for false witness-bearers to co-opt the police into aiding in the commission of a crime and sad to see once the police realize this: instead of charging the guilty with this sedition; they continue through all manner and means including treason and the amalgamation of church and state to justify their failure to recognize and acknowledge that they are being used to commit a crime.

In 1998 it began when two Afghani�s, (this is important because they hired me as an immigrant assisting immigrant matter and the background of that has never been allowed to reach any record), Omar and Zubida Mullahkhel, (sp. uncertain), dialed 911 and made false allegations in order to commit the crime of breach of contract and theft through misuse of the police- there is a lot of background but time doesn�t allow and I am trying to be brief so that you will not do what would normally be proper- and just dismiss this whole matter. They had to pay $927.00 for ~ $4000+ worth of carpentry, plumbing, electrical, and tiling work. Please do not assume that every immigrant is a criminal- the law is the law and under Article 1 Section 8 subsection 4 Congress has the power to establish an uniform rule of naturalization: My naturalization process was ILLEGALLY TERMINATED by people who commit crimes against me and put me in jail for them -over and over and over and over and over and over and over again- PLEASE for the love of God keep reading and hear me out - everyone is stating that there is no merit and the case thus never needs to be heard- over and over and over and over and over and over and over again.

When the Congress in the 1950�s expanded the ambit of that constitutional provision as cited to be a plenary power- a sovereign power- they began creating �extra judicial� hearings; in these administrative bodies all uniformity is gone and no guarantees of our fundamental freedoms and liberties is acknowledged: Especially due process of law- when the government arrest a man the government is itself arrested. This is so, for if not, then you have a free government and a restrained individual, (and society), rather than our true freedom and liberty - with a restrained government. In the present case the criminals are the ones dialing 911. If no due process is forthcoming than the truth of that sedition will never be known and the government is aiding and abetting the commission of the crime; and, in denying access to the courts- engaging in treason to help cover up the crime. This is why whenever a man is arrested he is supposed to be assumed innocent until proven guilty and the government must bear responsibility in proving wrongdoing for the innocent should not be incarcerated and if guilt really exists what burden is it to produce the evidence in a court of law. The individual accused is in most need of his rights when the considerable and inexhaustible resources of the government are brought to bear against him and in the world of Augustus Trajan� [where the false accusers gain property and free labor and the original false accusations are never addressed- for you do not get the protection of rome and thus you do not get the roman law if you do not render unto Trajan what is Gods- in �acknowledging� that Trajan is the god of rome, (read-you are not a citizen)], the system is set up to prevent the truth from ever being known and thus those in control of the system and have total control and power over your presence and your filings in court are the very ones hell-bent on denying you any access! Now, under this expanded ambit- the congress has then obtusely ceded unlimited discretionary authority to the executive agencies and agents- AHH ALTRUISM: a kindness. The problem is obvious and in the specific case these british are hoisted upon their own petard for if the unlimited discretionary exercise is to exist within the framework of a diminishing judicial oversight, (never a happy combination of elements), then when the government agents and agencies by direct action prove that the discretion is used to aid and abet the obstruction of justice that action cannot stand. WHY WASN�T I DEPORTED IN 1998?!!? Please hear me out: all the avenues to due process were ablated illegally.

In 1998 when the police were called through the 911 misuse THEY DID NOT ARREST ME they knew I was innocent and that the thieves were trying to steal the pittinance I was working for by so abusing the 911 system and hoping that by putting them in a heightened enough state of emergency their false witness-bearing would carry the day.The police took witness statements that without any question demonstrate that the Mullakhels were lying. THIS EVIDENCE HAS NEVER MADE IT INTO COURT. Dishonorable judge boyden of the utah 3rd district west valley city court refuses to give the pro-se, myself, my file and the clerk now says it has disappeared #981100342 CR (trial in September 1998). 801 238 7337 Fax 801 238 7076. AND I AM INNOCENT. AND THE FALSE WITNESS-BEARER, (ONE APPEARED ON THE STAND THE OTHER DIDN�T HAVE TOO THOUGH IT WAS MY DEFENSE TO CONFRONT BOTH OF THESE FALSE WITNESS-BEARERS): PERJURED HIMSELF REPEATEDLY IN OPEN COURT!

Now, it is too much; and you are probably wondering why I wrote you; and what is to be done- I understand; but or six years it just keeps on piling up and I never get a full fair hearing. Everyone takes the facts they want and the truth is never derived. Once they have what they need then why give me a trial or due process?!!? The author who wrote Sherlock Holmes novels had his wise character state that it was the most common of errors to select facts to fit a theory instead of gathering all the facts and deriving a theory from them without any contradictions. This is critical when you are dealing with people who are abusing the legal system to aid in the commission of their crimes. The bottom line is that I knew that I was getting screwed because a false arrest was made six months after the incident so I could be served with the papers for the charges the police officers never saw having legitimacy to arrest me for at the time- they knew the allegations were false. That is why I filed a motion to preserve. I didn�t even know if such a form of motion existed but I knew I was being railroaded- I KNOW I�M INNOCENT- o during pre-trial, (and the judge knows this because it was on the day of the trial and I asked to file it as pre-trial matter and for her to take judicial notice of that fact since one objection I was preserving was the inability to raise a defense due to the pre-trial being a series of obstructions- the chief obstruction being that of ARTICLE 1 SECTION 28 utah constitution and Title 77 chapters 37/38 utah criminal code statutes- THE VICTIMS RIGHTS� LAWS which operate from the outset in preventing due process even being possible because such laws insist that you are guilty before trial can even begin ), my intent to appeal these laws and there operative effect, amongst other objections, was already on the record before trial even began! The whole arrest/pre-trial was wrong. The trial its elf would obviously follow that abusive pattern, and such was the case. An adverse decision- wholly contrary to the reality of what happened and what the Mullahkhels were doing; was rendered. Thus of the 23 objections for preservation on the record at pre-trial for them manifesting injustice and requiring appellate review- 22 were specific and one a general objection to all matter on and escaping the record, (which sought to ensure my lack of resources and access had not made anything moot)-at one point during pre-trial I was �frozen out� of objecting and was worried it would not be review able. PLEASE AS SOON AS I FINISH SHOWING THAT THE INITIAL CASE IS GOOD AND THAT IT IS THE REASON FOR THIS SIX YEARS OF ABUSE I WILL BE VERY BREIF AND TO THE POINT- PLEASE READ THIS ENTIRELY JUST AS YOU DID MY MOTION FOR EQUITABLE RELIEF AND THANK-YOU FOR THAT WHOLLY REASONABLE EXERCISE OF DISCRETION.

The main appeal then is in regard to huge standing and that is why they set up shop around me- they couldn�t argue with the argument and they didn�t want the argument to even reach the light of day. So, they had to attack the arguee in all manners to ablate standing and that is what is going on. When the prosecutor invoked Article 1 Section 28 of the utah constitution in order to ensure that the two Afghani�s who dialed 911 to put me in jail for their crimes and to commit the crime and to use the all too willing mormon state of perpetual insurrection to ablate any defense against the crime and then punish perpetually the individual whom the crime was committed against the standing was sufficient for the necessity of invoking Article III original jurisdiction justiciability and instead of doing this excellent work aiding my new country and it�s constitution and proving my innocence and having my naturalization process continue or even be manifest- I was time and again beaten ; maced; abused; tortured; and illegally deported; and upon deportation my legal documents were stolen from me again- these same legal documents that on what little record exists in patti saris� district,(kangaroo), court- USDC Massachusetts: were stated by an INS Agent McNeice and supposedly the Supervisor overseeing my case assenting: that the legal documents and property were NOT in the possession of the INS/PCCF/or Bristol County Jail and yet they were given to me at the coast guard station 8th floor Boston Massachusetts as I was illegally deported- after the illegal deportation as stated the legal documents were stolen again as; yes; an individual at the peace bridge duty free assaulted me and dialed 911 and for the nth time I was thrown in jail- no bail no trial no crime no conviction- by the individual who assaulted me and stole my legal documents. I spent 52 days in jail and the legal documents have never been returned even at the date of this letter. A year later the 1st circuit court that had no record of the original appeal to them [sent after the theft of my legal mail and documents caused the BIA, (which accepted my ~42 pages of preliminary notice of appeal and requested briefing on my case), to terminate my case as the brief was not forthcoming-due to the throwing of me into the hole in response to that briefing request and then the theft of my legal mail by prison staff when I was going to put it in the jail mailbox; this is what the original appeal to the 1st circuit court of appeals was about and which they respond ed to and to which I filed 40-50 pages of preliminary motions on or about September 27-29 2002 from the hole at Bristol County where I had been confined since the BIA request for briefing arrived- the filing of those preliminary papers in the 1st circuit court resulted in retaliatory punitive measures that caused this original appeal to be made moot as I was cut off from the courts again and the legal documents confiscated by the INS/jail staff-these are the documents that disappeared until my illegal deportation and then stolen again at the peace bridge)] then states that the replacement appeal to them from the Writ that was DOA (as saris and glaser ensured nothing would reach the record)is without merit having not raised a question of substance; on a writ involving the ablation of my access to the courts and the defacto indisputable reality that it was so egregious as to effectuate an illegal deportation while the case was still before that court?!!?. So the brief the BIA requested from me never was heard or reached the record and the government states on the record that the original notice is the brief when it is not. The original 1st circuit court appeal for the BIA illegal termination due to obstruction and theft of legal documents and mail and ablation of access- is never heard and the clerk says no record exists of the September 27-29 2002 filing IN RESPONSE TO THE 1st CIRCUIT COURT REQUESTING A RESPONSE?!!?. The Writ is never heard;as the government is allowed to define it, and nothing reaches the record that is not provided by them and/or the jail. Now all avenues of due process are foreclosed as none of these ever are allowed to reach subject matter jurisdiction and establish the real issues and real facts. The loop de loop obstructions ensured that no matter what the outcome the original reasons for my deportation and the original case in 1998 would never be looked at. So, on a Writ of Habeas Corpus that is good all day long the government is permitted to define it and submit about 1000 pages of their arguments and �evidence� in support of their assertions in REGARD TO MY WRIT and my definition of my writ never even reaches the record. The sum of the submissions that I was filing while being beaten, tortured, and abused, is only made a matter of the record by the government and nothing of the issues or evidence that I would introduce reaches the record- The judge accepts whatever the government and the jail want placed before her. Not only was the government allowed to speak first and freely for ~ half an hour on my writ and I was not allowed to speak at all but I also was NOT ALLOWED TO MAKE ANY OBJECTIONS?!!? For preservation on the record!

I am sorry to burden you but if no investigation occurs then all is lost for me and I humbly suggest that this does not bode well for our attempt at establishing a new paradigm of government and society resting upon our declarative axiom. The british have made great headway since 1776 to �replace� what was begun with a dynamic political polemic between left and right wing socialism and an amalgamation of church and state: so that Augustus Trajan-like; no answer can be given- for operating within these parameters the fundamental axiom they rest upon is adopted and presumed; thus, being diametrically opposite to our true foundation: all is undone. Cases such as this are important and just as they attack the arguee instead of the argument it is a folly to thinkthat, I think, I am important- What is clear and has always been clear to me is that it is the standing that is important and that is what is healthy for our society, the law, and good government- in killing that standing that is what is so corruptive!

I hope that your view of what occurred will enable you to hold to witness-bearing and if possible see that in each instance the same method repeatedly was used, albeit without any judge having a view of any truth as you have. Each time no subject matter jurisdiction is arrived at; each time no fair and impartial hearing, (if any at all is given), is operative according to law. The basic way that these criminals are operating is in realizing that there is �no losing� with such a criminal endeavor- if the police do not abuse the principal then no crime has been committed however as in the case with me since it had to do with killing my standing- if the police act then the crime is accomplished and the criminals get their reward of my property and labor and since it was the police and judicial system they used and that are on the hook they are invited and supported in their false witness bearing and stand with the police as these so called victims with a right to a speedy trial whereas since you committed no crime but are assumed the perpetrator to the real criminal �victims� you are assumed guilty before trial even begins and if they just take the false-witnessing and prevent a defense then you are done. That is why I insist it isn�t just about me and my case this sedition and perversion of the legal system must stop. If my standing is returned then my case can demonstrate and help put this in check and the laws that encourage these criminal actions .

The individual instances, (that all can be verified), I list now as briefly as I can because I have taken up much of your valuable time and I have no case left-I will include what little I have to help if an investigation is engaged. Please feel free to E-mail or write me as my life literally depends upon the outcome of this last hope at getting this case heard and addressing these six years of abuse and torment that has deprived me of everything I value in this world. I would much rather the media and/or the individuals who by choice took an oath to uphold our laws stepped up and represented so that this 6+ year ablation of the law and my life can end. I hope you will find a way to protect yourself and still get the press and/or the FBI to investigate. I have sent your copy express and this will give you an opportunity to make a decision before it is released to the press. I am going to try to flood the media and hope that in the scramble to be first with a story it will achieve exposure that way it has a higher probability of succeeding in breaking through. Here is the brief history; list of events; and some facts of the case; Thank you for your colossal patience- this is an extraordinary situation:

1998- Omar and Zubida Mullahkhel dial 911 and make false accusations in order to commit breach of contract and theft by using the police and all too willing mormon state forces to punish the individual whom they have thusly committed the crime against- Judge boyden refuses to permit an affirmative defense and simply assumes that guilt exists thus there is no need for DUE PROCESS OF LAW in the case- is there?!!? Notice of appeal filed through:

  • 1) Pre-trial motion to preserve objections upon the record for appellate review;
  • 2) Orally upon the record after adverse and wholly unjust verdict rendered;
  • 3) Through deposit in prison mailbox/handing to prison CO- mailman- FALLEN VS US(case cite unknown as legal documents stolen: this is a supreme court case from 1964 in regard to notice of appeals being denied as untimely due to prison mail system and/or isolation of pro-se inmates- in that case in a prison hospital. Held: Pro-se indigent legal mail considered filed when handed to prison staff and/or deposited in prison mailbox: not when clerk or judge says it is received.). My deposit of the substantive notice and attachments with a explanation of the obstructionist methods being employed to prevent the notice from being filed is made on Oct 31 1998 and even quotes Fallen with case cite and is signed with witness affidavits yet boyden holds that it is filed Nov. 4-6 and is therefore untimely and the case is no longer an original jurisdiction matter but as a untimely filed notice of appeal. The stay and notice of appeal are never acknowledged as valid even though in reality they could not be more valid.

1998/1999- The INS come to see me in the hole at Oxbow jail in utah where I had been thrown- for going to the library; under co escort; having filed over a dozen kites that for no reason were rejected; through three locked doors overseen by the control desk co; (I am taken to a closet were there are a dozen books or so and I take one and sit down); with the co right there: and another co sperry, (who is not a sgt. and will be made disciplinary officer during my time at oxbow to aid in the obstructionist measures through abuse), removes me and states I am not allowed in the law library?!!? The INS threaten me and all the things they threaten come to pass except for the one legitimate authority that they had to bring me to Colorado and initiate INS proceedings- Why wasn�t I deported in 1998?!!? The INS state that I will never get my stay, (in the next case I speak of the stay was granted?!!? why would that stay be granted and not this one?!!?- Supposedly I�m now a criminal whereas at first I had no criminal record!), and that occurs. They state that my time will be run consecutive instead of concurrent and that all my good time will be taken and I will do all my time in the hole right where I was now, [not only does this transpire but even if you max out my time- I was still in jail for ~11+ days more than that maxed, consecutive, no good time, calculation- and was released only on the day that the 10th circuit court in Colorado (that I was able to contact by having mail smuggled out of the condemned jail the last 43+ of my days was spent in, the metro- now demolished; triple lockdown, horrendous conditions) sent me a prisoners litigation manual on how to sue the jail- this mail arrives at ~ 1100 am and at 2 00 pm I am rolled up I am kept in the jail until evening and released into the winter night in shorts with only a bag of legal papers as property ] this also comes to be. They also state that new charges will be brought up and that I will be found guilty of them as well- in judge Joanne Rigby�s justice court a jury trial is DEMANDED and not honored and again I must appeal and again the appeal is never recognized. So this also comes to be and in that case a stay is granted yet the notice of appeal is never certified?!!? Finally the one thing threatened that the INS had the legitimate authority to cause- that I would be brought to Colorado and spend another six months in jail before being deported and being barred from ever returning to my home again. This one legitimate authority that they had is the only thing that does not come to be?!!? The INS case had to be �detached� from the underlying case and cause for the initiation of action by the executive agents and agencies- AND THAT IS WHY IT IS AN ABUSE OF DISCRETION! The INS did not initiate deportation proceedings in 1998- they exercised their discretion by having my constitutionally valid uniform rule of naturalization continue! What changed in March of 2001? This was before 911! More time of physical presence was accrued; deeper community ties formed as far as those who would help if they had not been frozen out; more ties were established- many I met who listened thought what was going on was egregious abuse; and believe me a much greater harm in being deported was clearly an indisputable reality: as my present situation demonstrates without any doubt. This is the reason why the deportation will not stand up in law; but that is not all.

1999/ 2000- The utah supreme court under Greenwood; Billings; and, Jackson- rule that no jurisdiction exists as the notice is not timely and they hold to this based upon a landmark case that remanded the decision to determine if the notice was timely or not. They do not even follow the case they use as a precedent and all attempts for petitions of re-hearing and re-instatement are denied- the clerk at the Matheson Courthouse for no reason has me removed by the security who are waiting as soon as I arrive to get a copy of my file and the latest decision so I can try and get the higher courts to overrule. In a �market timing� like set-up- they will remand and terminate the case without my knowledge after the williams� bring me to San Diego and I will not find out about the remand until 2003 after my illegal deportation. The same �market timing� approach is used to terminate the appeal from the INS initiated new charges brought in Judge Rigby�s court where a demand for jury trial is made and not honored and where the clerk refuses to send the notice of appeal to the court with jurisdiction above that court. The judge states in person on one of the occasions where I appear in the clerks office asking why the clerk is obstructing justice that the appeal was timely and will be honored. It never moves forward until the williams� dial 911 and use false allegations to commit yet another crime against me and put me in jail for this crime. This is the portion of the case that appeared before yourself in 2000. The release after 72 hours occurs, as the prosecutor will not move forward with the charges knowing I am innocent and that the police have been abused. I speak directly to the prosecutors office from the Presbyterian Crisis center as I am now homeless and tell the prosecutor to serve me with the information and bring me to trial/ and or re-arrest me, [this is in my interests as I am innocent and it will put gerald and silke williams and perhaps kevin and laura kelly, (no relation), on the stand under oath and as sist in the �cause of action� I have in response to their abuse of the legal system and all too willing police agents and agencies of the executive] and the prosecutor refuses- at some point I receive a print out that states those charges are still open-yet I am never served and the INS will never mention them openly in court-I will be deported as an overstay.

2000- the case is before yourself and with silke williams in attendance and with full support gerald williams perjures himself by first insisting that the information in the restraining order is true as it is done and as they both signed to under oath and yet when he is caught in a lie states that those facts are not true and indeed that they have known me for years not two weeks and that they did bring me down from utah to work on their house and that my work is top quality. The neighbor they co-opt into acting as a witness for them to make their crime a fait accomplai after seeing what is going on changes her mind and refuses to lie as she had been prepared by the williams� to do so- (in order to get rid of the �evil Liam� who had to be removed from the premises by ~15 police officers a canine unit and shot gun unit for threatening to shoot everyone-with what- the police officers guns?!!?- As I don�t own any and made no such threats- I didn�t even know the police had been called-as I was not the two week transient barricaded in their home-I was and am the excellent honest carpenter that they knew and brought from utah to work on my case in peace and was again abused through misuse of the 911 system to again place the police in a heightened state of emergency to override probable cause and warrant requirement and ensure they would not talk to me first and be shown around the place and my paperwork that would prove they were being lied to in order for the wiiliams to commit the crime and ensure the success of the crime by putting the police �on the line� and faced with losing their jobs or worse if I sued). The neighbor thus, called as a witness by the williams� in order to bear false-witness on behalf of the williams- declines to do so as she hears about what is really going on and her testimony entirely is in the negative- she can offer nothing to support the false allegations that I was in any way a threat to anyone at any time I was living and working there for the past seven+ months. This is the testimony the williams sought to introduce?!!? -That nothing occurred that she can witness to?!!? It isn�t just what they do- it is also what doesn�t happen. If I was guilty then why didn�t she speak of it and doesn�t it seem strange that they would call her as a witness to nothing and that she would take time to come to the hearing just to state that she had nothing to witness to?!!? The salient points are in the absence- why didn�t the prosecution serve the charges and yet then keep them open if the INS weren�t giving them direction. Why didn�t the INS initiate action then?

March 2001- I am in a coffee shop where I am a regular and legitimate customer- the owner of the coffee shop has no issues with me. The owner of the building within which the coffee shop operates dials 911 and without any disturbance on my part has the police effectuate an illegal search; seizure; and arrest, without probable cause; without any warrant; and through an assault and battery that was not in any way instigated on my part- I was calm and deliberate in asking what the probable cause was and if they had a warrant- and knowing they did not- when they failed to produce one and stated that I was going to be arrested- I quoted the 1964 civil rights act and began explaining the laws and constitutional protections that were being violated when the police officer committed an assault and battery upon me. The other officer in attendance- who couldn�t assist me, and yet was not willing to participate in beating me for no reason- left. Other police officers who were called responded to a call for backup and thus even though I was the one being maced and was not doing the assaulting: when they arrived they just jumped me and beat me with their fists and boots while the first officer continued to mace me even though I wasn�t doing anything except trying to protect myself from the assault. I was never given a trial to prove my innocence nor access to the courts to bring charges and sue for civil rights violations- Instead I would spend two years and three months in brutal; cruel; and inhumane conditions of incarceration; where I would be subjected to torture, assaults and abusive treatment. My access to the courts would again be entirely ablated and any avenues of access that I would gain would be met, successfully, with gross abusive retaliatory actions. I was moved ~20 times and twice across state lines to prevent access to resources and the courts. The record that at this point may never be examined, even upon superficial scrutiny shows that each time I filed a document in court or had a hearing or attempted to gain access to resources I would be moved-all the dates line up but the events are so total and all-encompassing it would take a hundred pages to go through each incident: and the actions were so brutal for that reason- the judges and the court clerks are willing participants and have no regard for justice or my rights and so everyone knew they could act with impunity as I was never going to get a fair an impartial hearing or investigation. Everyone just falls in line with the �there is no merit so there is no point in listening� presumption or is a willing participant in the abuse. The underlying case was now detached so that both that case and the abuse of discretion of the INS would never reach a courts� records and despite the BIA, (which has 5 written grounds laid out in their notice of appeal form for dismissing an INS matter withoutfurther consideration), having asked in response of my notice of appeal, (that specifically stated that not all issues were being raised just the one�s that dealt with the constitutionality and thus would prevent such summary dismissal from being invoked), for a brief on the matter- that brief was never heard. I was thrown in the hole and my legal mail to the BIA was taken from me and the BIA stated that the case was terminated for failure to file the brief- the INS matter was determined without the case ever being made and the assumption that the case has no merit thus it does not have to be heard carries the day. The appeal of that decision disappears and the day after the night I file 40-50 pages of preliminary matter in the first circuit court, (that gave me a docket # for that appeal and asked for a response), from the hole at Bristol county where I had been buried since the BIA asked for my brief; I am moved to the PCCF and all my property, (at this point 90% legal matter as I�ve been kept in the hole continuously and am on a 63 day hunger strike at that point) is taken from me and I am subjected to immediate abusive treatment. Those documents will not show up again until I am illegally deported and at the peace bridge they are stolen again and never returned as I again for the nth time am thrown in jail for crimes against me by the 911 dialing criminal who has so committed those offenses- again no trial no conviction-just 52 more days of my life gone and my legal documents stolen and never returned.

The time I did during those two years and three months was beyond imagination and without an investigation I will not be believed in speaking of the constant torture and abuse that occurred. Even now I cannot even speak of these events in totality for: I �must have done something to warrant this abuse�. �Doesn�t the fact that this keeps happening to you tell you something about yourself�; and patti saris USDC: �you are bringing it upon yourself- there might be mental issues involved�; and thus I am fearful of again being deprived of my liberty just for talking about what happened as people will not believe these things could happen and that I must be crazy or am lying.

Now, as I stated, the real 1st circuit court appeal disappears- and the clerk states that no record exists of that case or my preliminary motions. After ~ one year my WRIT is finally answered but there is only some of the letters I wrote from the various holes ect. I was kept in as a record. The government is allowed to speak first for ~half hour on what my writ is about?!!? And I am never allowed to speak of it�s nature nor make objections and thus the appeal the 1st circuit court will dismiss a year after I am illegally deported as having no substance and thus not reaching subject matter jurisdiction is this replacement appeal formed in the kangaroo court of saris and consisting of a record generated entirely by the government that filed ~ 1000 pages on my Writ. That record contains matter that should not even be in the record. The brief I send is never read and again the facts never reach record.

Thus we have the appearance that I have been before a multitude of judges- and therefore due process was certainly had- yet never am I respected and accorded a full fair and impartial hearing where I can state the real issues and argue them. The issues are very clear and in 1998 the case was already prepared to move forward under original jurisdiction justiciability. Each step of the six year ablation of my life in order to kill this standing presented yet more abuse and misuse of the law and now the issues are so large; and the political forces arrayed against the case to keep it from ever being heard in part or whole are substantial. The axiom that �justice delayed is no justice at all� is in this case, demonstrative of this truth but we cannot simply accept these abuses of the law and society else we affirm and confirm their continuity and application to others. I hope you were able to read this in its entirety and do some preliminary checking and see that everything here is true. I hope that if you run into any argument that would presume that the case has no merit; or that I am unhinged- that you would contact me directly so that -that portion of the case can be fully laid out and explained. I hope you can see the pattern of what has occurred and know that this cause is just. I hope you can safely initiate an investigation in earnest through proper judicial discretionary authority for instances such as these- when the legislative branch and executive agents and agencies combine forces to obstruct justice and ablate access to the courts so that laws of an unconstitutional nature that cannot stand the heightened scrutiny of judicial review will not be so challenged and so that they may be perpetuated and used as foundations for further constitutionally offensive acts and enactment undoing the true foundations of our society and the government so constituted from amongst it�s peoples.

I know that any actions you endeavor will result in attempts to dissuade you from that course and so three days after you receive this letter I will be sending copies to all media outlets that I can. This is to both help any effort you may undertake and to ensure that if you are dissuaded that the case will still have a chance to be heard. Thank you for your time and God speed. Sincerely,

Liam Brent Kelly
An American in exile
[email protected]

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