No.
IN THE
SUPREME
COURT OF THE UNITED STATES
In Re
Song, Wenfo
On
Petition for Certiorari to the United States Court
of
Appeals for the Ninth Circuit
PETITION
FOR WRIT OF CERTIORARI
Song,
Wenfo
Homeless
415-810-2795
TABLE OF
CONTENT
QUESTIONS PRESENTED
LIST OF PARTIES
OPINION
JURISDICTION
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
STATEMENT OF THE CASE
REASONS FOR GRANTING THE WRIT
RELIEF SOUGHT
CONCLUSION
QUESTIONS
PRESENTED
1)
What is the Constitution for?
2)
What role should a president play in the Constitution?
3)
What role should the government play?”
4)
Are law and order demanded for people not for
government?
5)
Is everyone equal in front of law?
6)
Why have I become a “Public enemy”?
7)
United States Court of Appeals for the 9th
Circuit plays politics and skunks, what can I do?
LIST OF
PARTIES
1)
Song, Wenfo, Plaintiff and Petitioner;
2)
Barack Obama, the President of the United States,
Defendant;
3)
United States Congress, Defendant;
4)
Department of State, Defendant;
5)
Department of Homeland Security, Defendant;
6)
Department of Justice, Defendant;
7)
Department of Defense, Defendant;
8)
Food and Drug Administration, Defendant;
9)
Police, Defendant;
10) State of California, Defendant;
11) City of San Francisco; Defendant;
12) City of Sacramento, Defendant;
13) Local groceries/restaurants, Defendant;
14) Warren Oaks Sacramento, Defendant;
15) Medical, Defendant;
16) Others, such as, McAfee, Boost Mobile,
AT&T etc, Defendant.
OPINION
BELOW
The “ORDER AND FINDINGS AND RECOMMENDATIONS” of United
States Magistrate Judge Dale Drozd for the United States
District
Court for the Eastern District of California of Oct/17/2014.
There is no any opinion from
United States Court of Appeals for the 9th Circuit right now.
JURISDICTION
On May/30/2014, I filed the “Notice
of Civil Claim” in United States District Court for the Eastern District of
California, alleging governmental abuse, malpractice, conspiracy, obstruction
of Justice, torture and persecution.
On Oct/20/2014, I received the “ORDER
AND FINDINGS AND RECOMMENDATIONS” from Judge Dale Drozd. I filed the “Objections
to Magistrate’s Findings and Recommendations” on Oct/22/2014.
On Dec/17/2014, Judge Troy Nunley
entered the judgment.
On Jan/05/2015, I filed the
“Notice of Appeal” in United States District Court for the Eastern District of
California and it was docketed to United States Court of Appeals for the 9th
Circuit on Jan/07/2015.
Then nothing…
CONSTITUTIONAL
AND STATUTORY PROVISIONS INVOLVED
1) The First Amendment:
Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of people
peaceably to assemble, and to petition the government for a redress of
grievances.
2) The Fifth Amendment:
No person shall be deprived of
life, liberty, or property, without due process of law.
3) The Seventh Amendment:
In Suits at common law, where the
value in controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be otherwise re-examined
in any Court of the United States, than according to the rules of the common
law.
STATEMENT
OF THE CASE
A.
Facts Giving Rise To This Case
On June/05/2013, I came here to
seek political asylum at the border. But the Immigration & Custom
Enforcement (ICE) disappeared me at North Western Detention Center
surreptitiously without any knowledge, any lawyer, and any contact with the
outside world. Realized the reality of politics, diplomacy and conspiracy
between America government and Singapore government suddenly, I applied “Voluntary Departure” many times in
verbal and written. But my Immigration Judge named Tammy L. Fitting had abused
“unlimited discretion” to delay and reopen my case again and again with ICE
without my knowledge and understanding. Then I wrote many letters to OBAMA for
help because my constitutional rights had been violated seriously. But he just
neglected me. That’s why the evil networks in jail, such as, Ms. Hinderson
Kitchen, Darigold Inc, Keefe Commissary, some officers of ICE’s contractor-GEO,
some inmates and etc, could run so wild and so rampant to torture and persecute
me in jail. Then I reported to DHS OIG HOTLINE four times and called them may
times, they neglected me too. After getting out from jail from 279 days, I moved
to San Francisco and wished the situation would be better. But it was worse.
The evil networks from Lee Hsien Loong, OBAMA, City of San Francisco and etc,
had worked together to torture and persecute me. I moved to Sacramento without
choice and hoped that they could “let me go”. But no, they have worked harder
to torture and persecute me.
Now I talk about why I did not
make petition for writs of habeas and corpus? 1st, I am not a lawyer
but I did file “Custody Re-determination”
to ICE and IJ immediately after I was put in jail. However, it was denied by IJ
rudely; 2nd, I was too naïve to trust ICE and Immigration Judge in
Tacoma, Washington; 3rd, my communications to outside world, such as
phone calls and mails were intercepted/manipulated by evil networks; 4th,
I wrote many letters to OBAMA, BIA, and human rights organizations to ask for
help to stop unlawful detention, but they just neglected me; 5th,
finally BIA assigned a lawyer named Erica Schommer to me, but she did not file
such petition for me.
B.
The District Court Proceedings
As a law-abiding citizen and
trusted that “America is a country of ‘rule of law’”, I went to US District
Court-Eastern District of California to file civil lawsuit against the
President of United States-OBAMA on May/30/2014 with file number
2:14-cv-1322-TLN-DAD and hoped to end this long-term joint-tortures and
joint-persecutions. But the District Court and Judges (appointed by OBAMA) had
worked together to mislead me and deceive me, and finally dismissed my
complaint with absurd reason “without
good faith”.
C. The Appellate Court
Proceedings
Then I have gone to Court of
Appeals for the 9th Circuit to appeal on Jan/05/2015 with file
number 15-15015. Not much difference with District Court, 9th
Circuit has abused its “unlimited discretion” to deny my motions either no
reason or with ridiculous reasons and delay my proceedings endless until I die.
Therefore, no hearing and my case can be closed automatically.
REASONS
FOR GRANTING THE PETITION
1) Review is warranted because of
the National Importance in determining
“What is the Constitution for?”
Now, let’s see the Preamble
to the Constitution: "We
the People of the United States, in Order to form a more perfect Union,
establish Justice, ensure domestic Tranquility, provide for the common defense,
promote the general Welfare, and secure
the Blessings of Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of America."
A chief aim of the Constitution
as drafted by the Convention was to create a government with enough power to
act on a national level, but without so much power that fundamental rights
would be at risk. One way that this was accomplished was to separate the power
of government into three branches, and then to include checks and balances on
those powers to assure that no one branch of government gained supremacy.
The founders of Constitution
considered people’s rights to be "God-given" or "natural
rights" — people are born with all their rights. The constitution does, however,
protect people’s rights by “Limiting the powers of government by granting to it
only those specific powers that are listed in the Constitution.” Let’s quoted
one of founders named Patrick Henry:
“The Constitution is not an instrument for the government to restrain the
people, it is an instrument for the people to restrain the government - lest it
come to dominate our lives and interests." Exactly, Government created to
protect people’s rights should have no goal higher than the protection of those
rights. When government's own goals override people’s rights, government is
acting unconstitutionally.
Here I list some examples that my
constitutional rights are serious violated by the America government, such as,
1st, The Fifth Amendment: No person shall be deprived of life,
liberty, or property, without due process of law. But ICE put me in jail
without due process; 2nd, The First Amendment: Congress should not
prohibit the petitioning for a governmental redress of grievances. I have filed
complaint to District Court and 9th Circuit, OBAMA has appointed his
political appointees to deprive my right and abused his evil networks to
retaliate me; 3rd, The Seventh Amendment: The right of trial by jury
shall be preserved, and no fact tried by a jury, shall be otherwise re-examined
in any Court of the United States, than according to the rules of the common
law. I demand jury trial for my personal injuries and damages from my “Civil
cover sheet”. But OBAMA’s political appointee-judge Dale Drozd deprived of my
right.
So, the acts of America government against me are unconstitutional.
2) Review is warranted in
determining “What role should a president play in the Constitution?”
President OBAMA has failed to
perform his essential jobs and seen himself above the law.
The President of United States
plays many roles. Here I just talk about laws. The President is responsible for
implementing and enforcing the laws written by Congress. Verily, OBAMA should
take care of laws be faithfully executed. That’s why I wrote many letters to
him in jail to ask him to help me because “my detention is unlawful.” But he
just neglected me. Moreover, I have gone to court to file lawsuit against him.
If he really takes care of law, he should offer me a legitimate peaceful
settlement. On the contrary, he has abused his authority, network and resource
to retaliate me. Based on Summons issued by the District Court, he must answer
me within 60 days after receiving it, but he just ignored it; moreover, based
on the rule of FRAP, he must answer me within 10 days after receiving my
“Appellant’s Initial Notice”, he also ignored it. In addition, based on Seventh
Amendment, he should be tried by jury. By he has seen himself above the law and
abused his authority to appoint his political appointees Dale Drozd and Troy
Nunley to avoid this trail.
In essence, OBAMA is the
President of US. He is responsible for my mistreatments, severe personal
injuries and damages. OBAMA must face the whole nation and the whole world to
answer the question: “What is the America about?” Freedom, democracy, human
rights and rule of law or Dictatorship, corruption, violence and rule by man?
3) Review is warranted in
determining “What role should the government play?”
Let’s quote the greatest judge in
America history named John Marshall’s statement: “The right of every individual
to claim protection of the laws, wherever he receives the injury. One of the
first duties of government of the America is to afford its citizens the
protection of the laws.” Maybe OBAMA can find fault from the word “citizens”.
Yes, I am an alien but based on international treaties, any residents in any country,
regardless his/her nationality and manner of arrival, is entitled to the full
protection under the laws of the country. Here I talk about two institutions.
One is FDA. Another is Police. It is the responsibility of FDA to regulate the
safety and quality of food from groceries/restaurants. When I reported my
problems to FDA, it says “No jurisdiction.” Moreover, it is the responsibility
of Police to “protect people from each other's attacks & invasions.” When I
reported my incidents to FBI and local Police, they neglected me too. The
outrage is: on the eve of Chinese New Year of Goat, I reported the “hit&
run” by local goon hired by Lee Hsien Loong/OBAMA to Sacramento Police, the
Police did nothing but counter accused me “I am a vandalism.” So, Police have
failed to keep me from harm.
Moreover, John Marshall says: “The
government of the US has been emphatically termed a government of laws and not
of men.” According to the functional view, a society in which government
officers have a great deal of discretion has a low degree of "rule of
law", whereas a society in which government officers have little
discretion has a high degree of "rule of law". However, the
government officers from City, State and Federal level can abuse their
discretion anytime and anywhere to manipulate me.
4) Review is warranted in
determining “Law and order are not to be demanded only from the people, but
from the government as well.”
All government officers of the
United States, including the President, the Justices of the Supreme Court,
state judges and legislators, and all members of Congress, pledge first and
foremost to uphold the Constitution. These oaths affirm that the rule of law is
superior to the rule of any human leader.
Exactly, rule of law implies that
every citizen is subject to the law, including law makers themselves.
However, some agents, at least
from four departments, such as, Department of State, Department of Homeland
Security, Department of Justice and Department of Defense, know the laws but
have broken the laws for the conspiracy.
5) Review is warranted in determining
“Whether in front of law, everyone is equal or not?”
The Constitution protects the
rights of individuals to be treated fairly and equally by the government, even when all of the other rules for
making laws have been followed.
We are the party of the
Constitution, the solemn compact which confirms our God-given individual rights
and assures that all Americans stand equal before the law.
In the spirit of the
Constitution, we consider discrimination based on sex, race, age, religion,
creed, disability, or national origin unacceptable and immoral. We will
strongly enforce anti-discrimination statutes and ask all to join us in
rejecting the forces of hatred and bigotry.
Here I give one example. When I
read the news and knew that “House Speaker-John Boehner is safe and unharmed
and Police charged his bartender”, I was glad. Does he deserve to be protected
by Police? Absolutely. However, I believe I am also entitled to be protected by
Police. But I have been harmed and mistreated by the agencies of government,
local goons and the computer hackers for more than 800 days, even my life is at
stake. Police just discriminate me.
6) Review is warranted in
determining “Why have I become a ‘Public enemy’?”
OBAMA and his co-conspirator-Lee
Hsien Loong have abused their evil networks to force me on the death row and
made me a “Public enemy” from City, State to Federal level. All is helping to
cover up and all wants to crucify me. Here I talk about some. 1st, is
Congress. Congress makes the law and should perform the function of checks and
balances. I have written many letters to House Speaker-John Boehner and Senate
Majority Leader-Mitch McConnell to ask them to help me to uphold justice. I do
not know whether they support OBAMA behind or other reasons, no any action has
been taken by them; 2nd, are local busted groceries/restaurants.
Without local governments support, such as, City of San Francisco and City of
Sacramento, can they run so wild and so rampant to torture and persecute me? I
have experienced countless times of food poison from local
groceries/restaurants. Here I give some, such as, Save Mart located at 2501
Fair Oaks Blvd, Sacramento; Oriental Restaurant located at 1107 Market St, San
Francisco; Subway Restaurant located at 5539 H St, Sacramento; 3rd,
are doctors, pharmacists and medical labs. Supposed they should care patients
and save patients but they play politics and skunks, such as, fabricating the
results to scare me; deceiving me etc; 4th, are computer hackers.
Here I talk about McAfee, supposed it is the No.1 or No.2 anti-virus software
in the global market. But it plays politics not to protect my computer and
Internet security maybe sell my data to the government agencies. Moreover, the
computer hackers hired by Lee Hsien Loong/OBAMA have muzzled/manipulated my
rights of free speech all the time; 5th, is Warren Oaks Sacramento.
The local goons can enter my apartment freely to spy me, steal my property, add
harmful substances to my food/drink even molest me when I slept; 6th,
are communications. Here I give two. One was Boost Mobile, another is AT&T.
My incoming/outgoing calls are intercepted/manipulated by 3rd
parties.
7) United States Court of Appeals
for the 9th Circuit plays politics and skunks, what can I do?
Finally, I want to talk about The
Court of Appeals for the 9th Circuit. My “Notice of Appeal” was
docketed in this court on Jan/07/2015. After that, I have filed many motions to
this court and asked them to expedite my case. However, I have not received any
reply until I have written two emails to your PIO. Then on Apr/14/2015, I
received the email from 9th Circuit to deny my motions either with no
reason or with absurd reasons. Here I list all the motions. 1st, Motion to
proceed in forma pauperis. I submitted this motion with “Notice of Appeal” to
District court on Jan/05/2015. On Jan/27/2015, I filed this motion to 9th
Circuit and hoped that 9th Circuit can grant this motion otherwise I can
survive maximum one month. However, this motion was denied by Dale Drozd. So, I
paid the fee immediately. If I did not pay, they can dismiss my case
immediately based on rule of FRAP. See, what the hell of judges (One judge
named Jacqueline Nguyen) said: “Appellant’s motion to proceed in forma pauperis
is denied as unnecessary because appellant has paid the filing and docketing
fees for this appeal, and has paid for the transcripts.” When I field “Notice
of Appeal”, I did have some money because I know “It takes times to process for
the appeal”. And I have given them about 3 months. When I filed this motion to
9th Circuit, I explained clearly “If they deny this motion I can pay the fee
immediately but I can survive maximum one month”. But Judge Dale Drozd denied
this motion as a way of retaliation. Ok, since Judge denied this motion, I paid
immediately. Otherwise they can dismiss my case immediately based on rule of
FRAP. So, two Judges denied with absurd reason as “unnecessary”; 2nd, Motion
for appointment of counsel: denied. No reason. Is my case not important? See,
what the clerk of Supreme Court said to me: ”If they accept my writ, they can
assign a lawyer to me”. Why 9th Circuit denied without sound reason? 3rd,
Motion to demand an accurate transcript and reasonable answers: denied. See,
what Judges said: “This denial is without prejudice to this court considering
appellant’s challenges to the transcripts raised in his opening brief.” My
transcript is re-sequenced/edited by either the court reporter or its
contractor and I demanded an accurate transcript and reasonable answers. But
Judges denied this motion without prejudice. What the hell are they talking
about? That’s absolutely prejudice and cover-up for the judges of District
Court; 4th, Motion to expedite the case: denied. Reason because I filed twice.
OMG! I am neither a superman nor an iron. How can I tolerate long-term
joint-tortures and joint-persecutions for more than 8 years? Moreover, my money
are going to run out soon. That’s why I filed twice and hoped they can expedite
my case otherwise “I will become a homeless and[WS1] immediate and irreparable harm will result.”
Anything wrong with that? 5th, Motion to expedite briefing and proceedings:
denied as moot. Reason: because there is
no appearance by appellee. That’s concrete proof that OBAMA is in contempt
of court. If 9th Circuit really wants to uphold justice for me 9th Circuit
should subpoena OBAMA to appear or make default judgment in favoring of me;
6th, Emergency Motion: also denied without reason. Based on FRAP 27, Emergency Motion must be answered within 21 days, but judges played
skunks not to answer; 7th, Appellant’s Initial Notice: court declines to take
any action. It is required by the rule of FRAP. If I do not do that, then 9th
Circuit can dismiss my case as an excuse. Moreover, based on the rule of FRAP,
the appellee must answer me within 10 days. But OBAMA ignores me. Again, If 9th
Circuit really wants to uphold justice for me 9th Circuit should subpoena OBAMA
or makes default judgement in favoring of me.
So, based on my personal
experience at lower federal court, such as, Tacoma Immigration Court and San
Francisco Immigration Court which have delayed my hearing endless (normally
asylum case takes about three months but mine is more than 27 months but still
pending) to protect the reputations of Singapore government, Canada government
and China government, plus the actions taken by 9th Circuit on
Apr/14/2015, I believe 9th Circuit will delay my hearing again
endless until I die. In addition, I believe that adequate relief cannot be
obtained in any other form or from any other court except the Supreme Court of the
United States because the Supreme Court of the United States has the supreme
power and final word to decide the Constitutional issue.
I am a homeless for more than
four months. You can imagine I stayed in my own place, the local goons could
enter my room freely to do whatever they want, if I am a homeless? My case is
the worst human rights abused in America history. I believe I deserve the
reasonable redress for unconstitutional detention for more than 279 days and
inhuman tortures and persecutions for more than 800 days in America. OBAMA has
created the ugliest constitutional
crisis in America judicial history to cover up his co-conspirator-Lee Hsien
Loong and his notorious legacies. It is the national constitutional importance.
And my case can be used as the judicial precedent in America judiciary history
because it can happen to me today it can happen to anyone tomorrow.
I call on the judges of the
Supreme Court of the United States to support their own dignity, by preventing
the government from being abused. In reason, in law and in justice, the Supreme
Court of the United States should grant my “Extraordinary Writs” because my
life is at stake anytime and anywhere in America.
RELIEF SOUGHT
Based on Rule 20 of Supreme
Court, I want my extraordinary writs of prohibition and mandamus to be sought.
1) My constitutional rights are
disregarded by wicked, cruel and unjust. America government must restore my
freedom, stop joint-tortures and joint-persecutions with Singapore government.
FBI and local Police must protect me.
2) OBAMA must pay me reasonable
redress for my 279 days unconstitutional jail and more than 800 days inhuman
joint-tortures and joint-persecutions.
CONCLUSION
The petition for a writ of certiorari
should be granted.
Respectfully submitted by Song,
Wenfo
Date: Sep/10/2015
Note: If possible, I prefer you
communicate with me through email either samwfsong@gmail.com or sam.song2006@yahoo.com for
reason: my mail may be intercepted/changed by the 3rd parties, even your mail
dated on Apr/28/2015 was intercepted either by 3rd parties or DHA of
Sacramento.
