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N Cal Attorney
N Cal Attorney, Attorney
Category: Personal Injury Law
Satisfied Customers: 8093
Experience:  since 1983
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Brief introduction of my caseI, David He, also known as He

Customer Question

Brief introduction of my case I, David He, also known as He Nian dong now simply wanna make a brief introduction of my case. Back to 20yrs ago I was a dissident who had been involved in 1989 democratic movement in Tiananmen Square. I started my exile after “June 4 Incident”. It took me about half a year to get to HK with some help, where I get to know Mr. Philips Young and some other American military attaché who were assigned to the US consulate in HK because of my military background. A few months later I was granted a political refugee status by US government and quickly brought to US. Being arranged to live in New Jersey I worked hard and stood on my feet by myself in about couple of months. In the meantime DIA colonel “Hans XXXXXXXXXXX”, who played a liaison officer, contacted me once in a while. He demanded me to do something which I didn’t like to do. Afterwards my relationship with DIA turned soured. Several months later they teamed up with FBI and persecuted me. My nightmare have begun since then. They demonstrated perfectly to me what so-called democracy and human rights really are. They accused me of trying to murder some other Chinese dissidents without any evidence. They appointed me an attorney who turned out to be a FBI spokesman. They shifted me from one jail to another within 5yrs’ confinement without any charge and conviction. I had been brutally abused by jail officers and some other prisoners. Here I have to mention those decent American citizens who played as watchdogs and shared their love to me. One is Father Paul from Trenton Cathedral Church. My very special thanks to a courageous German American lady named Charlotte M. XXXXXXXXX Another one is my pastor Jeff XXXXXXX who baptized me in the jailhouse in Marksville, LA. I truly believe that I most likely could be terminated by FBI or DIA without their keeping an eye on me. They knew I was innocent and never committed any alleged crimes. I am only a victim of politics. Right after I filed law suit against US federal Government for wrongly detaining me in the solitary confinement US government shamelessly deported me back to China hoping I would be killed by Chinese Government. Yes, I started another misery after I was deported. But I managed to survive and live a normal life with the help of Church people. It’s a scandal for the US government and its secret agency. It’s a shame for US style democracy. Don’t you think that US government looks more like a hypocrite while US government accuse China of violating human rights ? I really need your help now. You are welcome to contact me for details if necessary. My mobile No.XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX Email:XXX@XXXXXX.XXX

Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  N Cal Attorney replied 1 year ago.
I'm sorry to hear this.

It sounds like a civil rights case but I need more information.

Was your refugeee status revoked after a formal Court hearing?

Were you deported after a formal Court hearing?
Customer: replied 1 year ago.

My refugee status was not immediately revoked after a formal court hearing. And I was not deported immediately neither until I finished with my 5 years imprisonment.

Expert:  N Cal Attorney replied 1 year ago.
Please clarify, was there a hearing before you were deported?
Customer: replied 1 year ago.

There is no hearing before I was deported back to China.

Expert:  N Cal Attorney replied 1 year ago.

I'm still not clear on the sequence of facts. Was there ever a hearing on revoking your status as a refugee or asylee?

Were you in the Square on June 4 when the authorities moved in?

 

Did you have an attorney file the lawsuit over the solitary confinement?

Customer: replied 1 year ago.

There was no hearing or revoking my status as a refugee or asylee as far as I am concerned. My I-94 was taken away by FBI on the same day when I was kidnapped. Several months later when the FBI realized that they made mistakes in my case they once offered me a deal to go to Miami FL. but I refused it as Father Paul could prove it because I never plead guilty anywhere.


Yes I was there on June 4 when the authority moved in.


Yes I had an attorney file the lawsuit over the solitary confinement. That's why the FBI and INS deported me at once because they were scared of exposing their violating the constitution.

Expert:  N Cal Attorney replied 1 year ago.
Is that attorney still working on the case?
Customer: replied 1 year ago.

Sorry for the delayed reply due to our time difference. No, he was harassed and stopped by FBI and INS right after he filed lawsuit for me back to 1996.

Customer: replied 1 year ago.

Hi Buddy. Anything new ?

Expert:  N Cal Attorney replied 1 year ago.
Was the case ever dismissed?

Which Court was it filed in?

Thank you for your patience with the time zone issue. Are you in Hong Kong?

Customer: replied 1 year ago.

Yes, It was dismissed half a year after I had been in jail.


In the very beginning I was taken to the federal court somewhere in NJ. ( I used to live there. ) The court appointed me a public defender who turned out to be a FBI spokesman. I'm gonna find out his name and tell you tomorrow. The lawyer who filed lawsuit for me is the one I met when I was shipped to a jail in Marksville,LA. He is also a decent man.


Thank you very much for taking care of my case. Really appreciate it. You are among those pro bono who got the nuts to defend constitution founded by the Great XXXXX XXXXX.


 


I am not in HK but in mainland China now.


 


Chinese military academy ( I graduated from PLA International Relations Institute. ) even cited me as a cautionary tale for those urging democracy today.

Expert:  N Cal Attorney replied 1 year ago.
I still have to ask in which Court the case was filed.
Customer: replied 1 year ago.

The criminal case was filed in the Federal court in NJ. And the civil rights case was filed somewhere either in LA. or Cal. I have to check it out laterly cause it's been a long time since then.

Customer: replied 1 year ago.

I just got all the info you might need. The public defender who was appointed by the US government is named David E. Shafer. He was an assistant public defender in Trenton NJ in 1992. The criminal indictment No.is 92-178. And it was dismissed in the summer of 1992.

Customer: replied 1 year ago.

The attorney who filed civil law suit for me is named Martin Resendez Guajardo. His office was atXXXXX , 45th Floor San Francisco, CA 94111. I was locked up in Vermillion Parish Jail in Abbeville LA at that time.

Expert:  N Cal Attorney replied 1 year ago.
Was the civil rights case dismissed?
Customer: replied 1 year ago.

I have no idea at this point. One thing I am quite sure about is he was harassed and stopped by the authority. And I was immediately deported to mainland China in a very short time.

Expert:  N Cal Attorney replied 1 year ago.
Can you please contact your former lawyer and find out about the status of the case? I am not allowed to do that for you.
Customer: replied 1 year ago.

I tried to contact him several times but failed. I doubt if he is still alive.

Expert:  N Cal Attorney replied 1 year ago.
He may be alive but he resigned his law license in 2009, according to this and this.

Can you find out where the civil rights case was filed?

May I ask how long ago you were deported?

Customer: replied 1 year ago.

Sorry, I can't. I can't get in touch with him any more. I guess it might be in San Francisco, CA.


I was deported back to mainland China around Oct. or Nov. in 1996.

Customer: replied 1 year ago.

Say buddy. It must be very late in the USA right now. Please take some rest asap. Otherwise I would feel guilty about it. Thanks a lot.

Expert:  N Cal Attorney replied 1 year ago.
Can you find out where the civil rights case was filed?

Do you have any records that show the civil case number?

I promise I'll get some sleep soon.
Customer: replied 1 year ago.

Terribly sorry. I tried to find a clue regarding the whereabout the civil rights case was filed but I can't. I do have a paper on which there is No. 50221. But I really doubt it. One more thing I just have to remind you of paying extremely attention to the Public Defender David E. Schafer who also had contact with the attorney Martin Resendez Guajardo. Mr.Maritn once asked him for some info regarding my case and he was embarassed.

Expert:  N Cal Attorney replied 1 year ago.
I'm sorry you managed to get two empires angry with you. I am not allowed to represent you in Court or do anything outside this web site.

If your case was dismissed in the 1990's it is probably impossible to reopen it now, but you can get a free consultation from some of the San Francisco civil rights lawyers listed at
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/San-Francisco/California
One of them could possibly send someone to the Courthouse to look up your case file. Since the lawyer who filed it was in San Francisco, it may have been filed there.

I don't know what else to suggest, other than contacting
http://ccrjustice.org/contacting-center-constitutional-rights

I hope this information is helpful.
Customer: replied 1 year ago.

I believe there is something we could work out with. Does the US government put any pressure on you ? Would you like to work on my case under a contingency fee or anybody would like to do it ? Please let me know if anything.

Expert:  N Cal Attorney replied 1 year ago.
No one, including the US Government, has pressured me or even contacted me about this thread.

Thank you for the offer, but the Experts here are not allowed to accept clients or to interact with you other than through the web site.

Many of the American people, myself included, would offer you an apology for the illegal actions of our government. I believe they were illegal under the following international law, although it seems they would claim that your case comes under the exception in paragraph 2, although I do not know what your conviction was for, or if it was really "particularly serious" so I am not certain about that.

1951 Geneva convention and protocol relating to the status of refugees
Article 33
prohibition of expulsion or return (“refoulement”)
1. No Contracting State shall expel or return (“refouler”) a refugee in any
manner whatsoever to the frontiers of territories where his life or freedom
would be threatened on account of his race, religion, nationality, membership
of a particular social group or political opinion.
2. The benefit of the present provision may not, however, be claimed by
a refugee whom there are reasonable grounds for regarding as a danger to
the security of the country in which he is, or who, having been convicted by
a final judgment of a particularly serious crime, constitutes a danger to the
community of that country.

CCR represents several current and former Guantanamo detainees and other victims of illegal detention, and they might be your best hope of getting legal assistance if you cannot find a private civil rights lawyer to assist you

I hope this information is helpful.
Customer: replied 1 year ago.

I believe that you got something wrong. I have never been convicted. I didn't even have a charge against me. I was thrown into jail again right after I was deported back to China.

Expert:  N Cal Attorney replied 1 year ago.

In that case it is crystal clear that the US violated Article 33 of the Convention I linked to in my last post by deporting you back to the PRC after granting you refugee status. I am sorry I misunderstood the facts- it's late and I'm getting tired, duì bù qǐ.

I urge you to keep looking for a civil rights lawyer and to contact CCR if you are having trouble finding one.

N Cal Attorney, Attorney
Satisfied Customers: 8093
Experience: since 1983
N Cal Attorney and 4 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.

Take care and have a good sleep !

Expert:  N Cal Attorney replied 1 year ago.
I'll try.

Please tell me if you have any more questions.
Customer: replied 1 year ago.

Not for now. Thanks a lot.

Expert:  N Cal Attorney replied 1 year ago.
OK.

If I have been helpful, please remember to rate one of my answers as 3 or higher or I will not be compensated.

Good luck with this.
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.
Customer: replied 1 year ago.

Hi buddy, I've tried different people related to the links you showed me previously, but no response at all. Could you find me another way out ? thanks a lot.

Expert:  N Cal Attorney replied 1 year ago.
Did CCR really not respond to you at all?

Did you telephone them?
Customer: replied 1 year ago.

I emailed to CCR a few days ago. And I added Vincent Warren as my tweeter's contact, who is the executive director of CCR. But they didn't respond at all. Of course I didn't phone them yet. I'll try it at the right time. It must be too late to phone them now. Thanks for your advice !

Expert:  N Cal Attorney replied 1 year ago.
This is exactly the type of case they are interested in, so I hope that phoning them gets you some assistance.
Customer: replied 1 year ago.

Dear Sir, I am sorry to tell you that I phoned them several times and never get to talk to anybody in person. I have always been required to leave phone message but never get any response. It's really incredible.

Expert:  N Cal Attorney replied 1 year ago.
I don't know why they have not called back. Have you tried emailing them through
http://ccrjustice.org/contacting-center-constitutional-rights?
Customer: replied 1 year ago.

yes I did. But nothing happened.

Expert:  N Cal Attorney replied 1 year ago.
I'm sorry I do not know what else to suggest other than calling them again and asking for one of their attorneys to contact you.
Customer: replied 1 year ago.

Could you please give me some more advice ? I'm hopeless now.

Expert:  N Cal Attorney replied 1 year ago.
May I ask if you have an attorney in China?
Customer: replied 1 year ago.

No. I don't have one in China. As far as I am concerned even if I have one he ( or she) is not allowed to practice law in USA. I spent another year in prison in China after I was deported. I could say I have been double screwed by both authorities just like the dude Snowden.

Expert:  N Cal Attorney replied 1 year ago.
Actually you have been subjected to much more illegality than Snowden has.

The Experts here cannot represent you. All I can suggest is to keep calling CCR and the lawyers listed at
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/San-Francisco/California
until you find one who will take this seriously.
Customer: replied 1 year ago.

Thanks for your precious advice. I will keep trying again and again.

Expert:  N Cal Attorney replied 1 year ago.
Thank you for persevering.
Customer: replied 1 year ago.

Say buddy, could you reveal my case to some other lawyers in your unit or organization ? They might have something new for me. I can't just repeat it like a fool. I have to change my way of thinking. Really appreciate it.

Expert:  N Cal Attorney replied 1 year ago.
If you want I can opt out and open this thread to the other Personal Injury Experts.

Should I do that?
Customer: replied 1 year ago.

Please do it for me asap for God's sake. Listen carefully , I don't need any compensation from US government if there will be any. I'll donate them all to the church and charity. All I need is justice and rehabilitation.

Expert:  wendy-Mod replied 1 year ago.
Hello,


I’m Wendy, and I’m moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.


I was checking to see if you had already found your answer or if you still needing assistance from another one of the professionals?


Please let me know if you wish to continue waiting or if you would like for us to close your question.


Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Taxes, Cars, Finance, Tax, to Home Improvement, and more.


Thank you,
Wendy
Customer: replied 1 year ago.

I took some actions as N Cal Attorney advised me to do. For instance I tried to contact Vince Warren plenty of times,who is the director of CCR. But I never got any response. Neither did anybody from any law firms. I just suspect that the US government has some influence on your organization maybe. No wonder Mr. Snowden has to be in exile for the US Constitution exists in name only now.


Yes, I still need some assistance from you guys. Could you show me some sincerity if the US Government did not intervene ? Many thanks !

Expert:  Fran-mod replied 1 year ago.
We will be searching for another legal professional for you.
Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience, your business is very important to us; we are waiting on another professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. We appreciate your understanding!

Best,
Wendy
Customer: replied 1 year ago.

Please find me another professional asap. Thanks !

Expert:  Fran-mod replied 1 year ago.
Thanks for your patience while we continue to search.
Expert:  wendy-Mod replied 1 year ago.
Hello,

I'm sorry to say we have exhausted all our efforts at this time to find the right professional to assist you with your question.

While we were not able to assist you with this question, please keep in mind that JustAnswer has multiple categories, from Cars, Medical, Tax, and Computer to Home Improvement, to assist you with any question you may need answered.

Best,
Wendy
Customer: replied 1 year ago.

I am not surprised with what you said. So "satisfaction guaranteed " is nothing more than some commercial words. Is my case that difficult to handle ? I really don't think so. Either US government put a lot of pressure on you guys or a bunch of lawyers are scared of government. No evidence ever showed that I had committed any crimes. No wonder Snowden has to be in exile. U.S government already became a dictatorship which could perfectly match with the communist regime.

Expert:  Fran-mod replied 1 year ago.
Usually, if you have not received a second answer to your question it is because our other professionals believe that they have nothing further to add to what you have already been told.

Your question is presently open to all of our legal experts. If we cannot get you a satisfactory answer to your question you can choose to leave your deposit with us in your JustAnswer account to be credited against a future question or you can contact me for a refund.



I
Customer: replied 1 year ago.

Money is not my concern . I do need your help now. Please keep on finding me an eligible lawyer. Thanks a lot !


By the way I have some document regarding my case which I would like to share with you guys.

Expert:  Fran-mod replied 1 year ago.
Hi,

As we have indicated, we have been unable to find you a second answer to your question. It is open presently to all of our experts. I will mark it high priority for you.

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