EMERGENCY MOTION !

EMERGENCY MOTION UNDER CIRCUIT RULE 27-3



IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SONG, WENFO

Plaintiff-appellant No: 15-15015

v. (Civil Action No.

BARACK OBAMA 2:14-cv-TLN-DAD) Defendant-appellee
PLAINTIFF-APPELLANT’S EMERGENCY MOTION FOR APPEAL UNDER CIRCUIT RULE 27-3 FOR

RELIEF SOUGHT

SONG, WENFO

2430 Fair Oaks Blvd, CA 95825

415-810-2795

CIRCUIT RULE 27-3 CERTIFICATE

(1) Telephone numbers and addresses of the attorneys for the parties:

a. Pro Se for Plaintiff/Appellant:
SONG, WENFO 


2430 Fair Oaks Blvd, Sacramento, CA 95825
b. Counsel for Defendant/Appellee: Unknown

(2) Facts Showing the Existence and Nature of the Emergency

a. I do not have money to pay my next month bill
I do not have money to pay next month bill, such as, food, rental, utility and etc. If you do not give me relief I will become homeless next month. Even you give me the hearing in next month, I do not have money to go to SF to appear in the hearing.
b. My life is at risk at anytime and anywhere
I have become a "Public enemy" by OBAMA and his co-conspirator-Lee Hsien Loong. I stay in my own place, the local goon(s) can enter my room freely to spy me, to steal my property, to add harmful substances to my food/drink even molest me when I sleep. Needless to say I am homeless. OBAMA and his co-conspirator-Lee Hsien Loong will hire those homeless to tear me piece by piece from head to toe. Even in the eve of Chinese New Year of Goat, OBAMA/Lee Hsien Loong hired local goon to hit me with her car. Moreover, I have faced countless times of death threatening constantly in despicable ways.
c. OBAMA, District Court and Government Agencies

i) OBAMA is in contempt of court and law:
Based on Summons issued by the district court, OBAMA must answer my complaint within 60 days but he just ignores me; moreover, based on rules of FRAP, OBAMA must answer me within 10 days after he received my "Appellant’s Initial Notice", he also ignores me.
ii) District Court:
Supposed courts are a holy place to uphold justice, but now district court, clerks and judges are part of the problems, , going out of their way to give an imprimatur to the evil at hand.

Dale Drozd and Troy Nunley’s decisions are not only lawless but also illegitimate, unprincipled, fraudulent, disingenuous, and motivated by political considerations.
iii) DHS, FDA and Police:


They are law enforcement agencies and should keep public safety, law and order. But they have failed to perform such essential jobs and failed to keep me from harm.

They have combined, conspired, confederated and agreed together and with each other, and with diverse other persons, some known and others unknown to torture and persecute me.

They have violated not only my constitutional rights, such as, First Amendment, Fourth Amendment, Fifth Amendment, Seventh Amendment, Eighth Amendment but also intentional torts and discrimination based on nationality, race, sexual orientation and worth of victim and etc.
(3) When and How Counsel Notified
As I say, OBAMA is in contempt of court and law. I have served all the related documents, such as, complaint, summons, motions and others documents as request by district court and 9th Circuit by mail and electronically. I do not know who is (are) OBAMA’s counsel(s)? However, this motion is being filed electronically to 9th Circuit ECF system on Mar/11/2015.



Conclusion:
I, the undersigned movant by electronically, being duly sworn according to the God and the law, do hereby attest to the truth of the allegations made in my "Notice of Civil Claim" and "Appellant’s Opening Brief".

I further attest that unless relief is granted on emergency basis, the following immediate and irreparable harm will result: due to substances of governmental abuse, conspiracy and increasing violence toward me physically and mentally. I am neither a superman nor an iron. How can I tolerate joint-tortures and joint-persecutions for more than 8 years? I fear that those behaviors will escalate and that greater harm may come to me soon even death.

I respectfully request that 9th Circuit vacates the District court’s order entered on Dec/16/2014 and gives me relief sought by today on Mar/11/2015.
Dated: Mar/11/2015

APPELLANT’S OPENING BRIEF

United States Court of Appeals for the Ninth Circuit

No: 15-15015

SONG, WENFO

                                                                                                                                  Plaintiff-Appellant

Vs:

BARACK OBAMA

                                                                                                                                  Defendant-Appellee

On Appeal from United States District Court for the Eastern District of California

No: 2:14-cv-1322-TLN-DAD

Troy L. Nunley

1. Facts:

I came here to pursue happiness and safety-more freedom and better life not to sue OBAMA. If OBAMA does not want to give me justice and is incompetent to protect my safety, why not let me go? On the contrary, OBAMA has not protected me but conspired with Lee Hsien Loong to put me in jail for more than 279 days and used enhanced torture techniques to torture and persecute me every day since June/05/2013.

Here I list some facts as follows:

1) From four departments, such as DOS, DHS, DOJ and DOD, please see my Affidavit-1 “Notice of Civil Claim”.

In addition:

a. ICE should provide necessity to all inmates and is responsible for my harm and mistreatments in jail. I wrote my official complaint letters to DHS OIG HOTLINE officially four times and called its Hotline almost every weekday since Nov/27/13 to ask for help, but DHS just ignored me;

b. The Federal law forbids reprisal by any Federal employee against a person who makes a complaint or discloses information. If I did my journal to record details what happened to me in jail or criticized my Immigration Judge-Tammy Fitting or ICE in jail, ICE hired its contractors-GEO, Talton Communications, and some inmates to torture and persecute me in jail.

2) From district Court and judges:

Supposed courts are a holy place to uphold justice. However, now America courts and judges are part of the problems. Please see Affidavit-2 “Objections to Magistrate’s Finding and Recommendations” filed in district court on Oct/22/2014.

In addition:

a. Psychological violence: The judge deliberated inflicting my emotional distress from two points: one is case number: 2:14-CV-1322-TLN-DAD (want you to die). As my understanding it should be 14-cv-1322-TLN-DAD; another is order date: Jul/24/14 (you die). In my complaint, I say clearly about such violence, he knew that and did it.

b. Defamation: He ordered my “Status Conference” on Oct/10/2014 when is the “World Mental Health” day. I say clearly in my complaint that “It is conspiracy among three evil governments.” However, he had such defamation baseless.

c. Reprisal: Based on “Code of judicial conduct” 2.4 (A): A judge should not be swayed by public clamor or fear of criticism. However, the judges, namely Dale Drozd and Troy Numley hired local goons insidiously to retaliate me. For example, on Oct/24/2014, a so-called Marshall named Joe with phone number 916-930-2041 called me to slander me that “I am dangerous to judge Dale Drozd” and threatened me that “He can come to my building to get me anytime.” Moreover, on Jan/05/2015, someone used a stone to hit my door and put messy stuff in front of my door (I took the picture and had witnesses) after I filed my “Notice of Appeal” on the same day; in addition, I have countless experiences of tortures and persecutions. How to link to them? I do not have direct proofs but I have reasonable doubt. Moreover, the court clerk named Kastilahn A retaliated me that “She can get my financial statement from ‘Public record’” when I wanted to supply the affidavit of financial statement requested by the “Motion for permission to appeal in Forma Pauperis” on Jan/05/2015. I believe that financial statement is strictly private and confidential. So, why she said to get it from “Public record”? It means “I am either under FBI watch or wanted by FBI”. But actually I am not.

3) From court reporter and its contractor-Petrilla Reporting &Transcription about my transcript:

I received this transcript from Petrilla Reporting &Transcription (located at 5002-61st St, Sacramento, CA 95814) on Jan/22/2015.  From the transcript I have other startle discoveries as follows:

a) The court reporter-Jonathan Anderson changed my order without my consent on:

i). File No: from 2:14-CV-1322-TLN-DAD to 14-CV-1322-TLN-DAD; ii). Time: from 14 days to 30 days. After I disagreed, then Patricia changed it; iii). Quantity: I ordered Original, First copy and Additional Copy but I received only one copy.

b) Let’s see the transcript itself:

i) Idiot judge or perjury judge?

From page 1, court said “I’m having a difficult time deciphering exactly what the claims of the complaint are…” In my “Notice of Civil Claim”, I say clearly I want “Relief Sought”, why? Moreover, court said “I will tell you how this case should be proceed” and “address your request for an immediate scheduling order” but he dismissed my case with ridiculous reason “Without a good cause”. In addition, court said “I understand your concern”. Did he? I told him “I have become a ‘Public enemy’” and “My life is at risk”, if he really concerns me, he should give me a peace offering/settlement.

ii) Bad intent of Court: Only on Oct/10/2014, Judge told me that “You can get a pro se litigant manual”. If this court is really a holy place to uphold justice, this court should give me that at the beginning, but it misled me. After I got that manual and prepared to re-serve again, Judge gave me the order to dismiss my case within one week.

iii) Deception: the Judge deceived me, such as, no interpreter for civil case, no lawyer referral for civil case and no library etc (See Affidavit-2 “Objections to Magistrate’s Finding and Recommendations”)

iv) Omission/Negligence: I said “I do go to ABA, California Bar, SF-Bar, Sac-Bar, SF-Legal Aid, and Sac-Legal Aid, why they omitted that?

v) Twisting/Changing my statements: “un-defaulted” (?), “she content (?)”, “speak at (?)”, “offendee (?)” “Privacy issue (?)”, “prefer event (?)”

vi) Obstruction of justice: There are so many district judges and magistrate judges in this court. This transcript is between Dale Drozd and me, why they did not want to type the judge name but “The Court” because they worry that one day maybe I will disclose to the public? So, they wanted to protect Dale Drozd’s reputation. If Dale Drozd did the right thing, what is he worrying about?

Now I quoted my two statements as follows:

Song: “I can. However, I have become a ‘public enemy’. If I go to Internet to search materials, the computer hackers will fabricate the fake websites to fool me; if I go to library to borrow the books, someone will edit the key contents to mislead me.”

Song: “My health and well-being are at risk. Moreover, I can’t work. In addition, my money is going to run out soon. And I wrote two requests and motions to you, but I have not received your any response.”

c) On Feb/09/2015, I went to 9th Circuit to get the “General Docket” printout and found out that district court reordered my transcript again on 2/4/2015 (I ordered on Jan/12/2015) without my understanding and knowledge.

d) Counter accusation: Finally Patricia counter accused me: due to my very heavy accent. So, why not give me an interpreter?

So, this transcript is re-sequenced/edited either by Patricia or by Mr. Anderson. Who are behind the scenes? Dale Drozd, Troy Nunley, OBAMA/Lee Hsien Loong.

4) From my attorneys:

Based on simple rule of ABA: An attorney should represent the best client’s interest. However, my attorneys have represented Lee Hsien Loong/OBAMA’s interests and their own interests.

a. Erica Schommer (Rios &Cruz):

Here I just list one fact. After I got release, it is her job to file a “Motion to Change venue”, however, she deceived me that “It is court’s job to do that.”

b. Alison Pennington (ALC):

She abused her professional ethics to fool me, hid the truth and delayed my proceedings intentionally. For example, on Apr/21/2014, she filed a motion to court, after I received such paper from Erica Schommer and found out that “there are so many mistakes on this paper”. She covered up clumsily to say “typo”.

c. Jenny Zhao (ALC):

If she really wants to uphold justice for her client, she should try her best to investigate the facts and collect all the necessary evidence and apply the legal arguments for me. However, she advised me to stay here on “Mental illness” ground while I told her clearly “that’s conspiracy among three evil governments.” That’s why I fired her on Dec/16/2014.

Moreover, on Dec/22/2014, I received a package from her and found out more about my Immigration Judge-Tammy Fitting’s abuse, perjury and obstruction of justice.

i) Motion to Advance: From this paper, I found out at least two things:

A) Destroyed evidence: Tammy Fitting destroyed all the contents of this motion.

On Jul/12/2013 about 8:00am, an attorney named Tim (?) from NIRP Tacoma Office visited me suddenly. I told him my situation. “It is very tricky.” he said. “Ok, let me go.” (When I heard the word “tricky” I knew what he meant. How can I play trick with US government because US government has NSA, CIA, FBI, Pentagon, Secret Service and etc but I have nothing?) Then he gave me such prepared paper “MOTION TO ADVANCE” and said “Write down your reason of ‘Voluntary Departure’ and submit it to Immigration Judge and ICE each. I will send email to them too.”

On Jul/12/2013 about 3:30pm, I received the denial paper from Tammy Fitting.

On Jul/16/2013, I submitted this motion to Immigration Judge and ICE.

B) Fabricated fake evidence: She imitated my hand writing to cover up the destroyed evidence and the denial of this motion with ridiculous reason “No earlier dates available” on Jul/19/2013. If people disbelieve, simple, ask the FBI Forensic to analyze the hand writing of my name and A number underlined with my hand writing “Why empty?”

Maybe Tammy Fitting did not do it but the clerk of Tacoma Immigration Court did it. However, I believe she is behind the scene.

ii) Transcript:

A. Missing documents:

Either the clerk of Tacoma Immigration Court deliberated missing or Tammy Fitting asked her/him to do so on the following documents to Jenny Zhao to fool her:

Custody Re-determination Hearing on Jun/17/2013; Asylum-Only Hearing on Jan/16/2014 because on that date I asked Tammy Fitting some burning questions which she did not have courage to answer; A Bond Hearing scheduled by DHA on Feb/25/2014; and Asylum-Only Hearing on Feb/27/2014.

B. Re-sequenced/edited my transcripts:

My transcripts were re-sequenced/edited by someone. Here I give one example, on Aug/20/2013, Tammy Fitting asked me irrelevant question: “Do you read and write in Chinese?” This question and my answer were deleted; moreover, she also said: “I do not have much power to decide your case.” But it was edited to “The Court has not conducted a hearing and issued a decision.”

See, it is apparently political motivated. Based on “Code of judicial conduct”: A judge is independent after appointed. Why she said “I do not have much power to decide your case”? Moreover, she had conducted so many hearings but she still said “The Court has not conducted a hearing.” What the hell was she talking about?

I believe Tammy Fitting, Eric Holder, Lee Hsien Loong/OBAMA are behind the scenes to re-sequence/edit my transcripts.

C. Humiliation:

Tammy Fitting humiliated me in the transcript on Oct/30/2013 that “in a semi-shouting mode and semi-angry in his demeanor”.

Yes, I did cross my arms to defend myself but I did neither behave in semi-shouting mode nor in semi-angry mode.

5) From the whole nation: I have become a “Public enemy”.

Without government getting involved behind, who can turn me-a law-abiding and well-behaving anytime and anywhere good citizen into a “Public Enemy”? OBAMA has conspired with his evil ally-Lee Hsien Loong to abuse their authorities, resources, and networks to torture and persecute me. All is helping to cover up and all wants to crucify me. Too much to talk, I just list some as follows:

a. McAfee: I purchased its “Total Protection” program on Apr/25/2014. It is its job to protect my computer security. However, it has played politics. My computer activities are hacked/manipulated all the time, from FB postings, online postings, online comments, Google search and email transactions, and etc. I called it many times but its reps told me “unwanted programs are virus and beyond its protection” and asked me to pay extra dollars.

b. Boost Mobile: It is Boost’s responsibility to tell consumers clearly before purchase. However, its sale reps deceived me. Moreover, it is Boost’s responsibility to protect customers and to make its services function properly.  The outrage was: after problems happened, I called them to resolve, its reps covered up lousily, even from its regulatory officer of Sprint Veronica B.

c. AT&T: The same as Boost Mobile, my incoming calls, outgoing calls, and SMS and etc, are intercepted/manipulated by third parties and AT&T knows that.

d. US Postal Service: My every certified mail to OBAMA is delayed, not just one or two days but many days some even more than 10 days.

e. CPUC: After I complained to California Public Utility Commission about Boost poor service, the so-called officer named Elpidio Morales said “I am satisfied with solution” and “He is going to close my file”. What the hell was he talking about? I am not satisfied at all. And he did not conduct any investigation but just closed my file. That’s why Boost Mobile could run so wild and so rampant.

f. FDA: I filed my complaint to FDA. It said “FDA does not have jurisdiction over retail establishments such as grocery stores and restaurants”.

g. FBI and Sac-PD: I reported my incidents to FBI and Sacramento Police, but they have thwarted to investigate. Here I give you one recent example. On Feb/18/2015 (the eve of Chinese New Year) afternoon, one lady hit me with her car. I called 911 to report this “Hit& Run”. The patrol officer did not wanted to give me a report. The outrage was: he counter accused me “Why you have bruise and swollen right leg because you kicked her car? She can sue you ‘Vandalism’”. OMG, I took a deep breath and said “Well, if she wants to sue me, go ahead. I like to listen to her story.” “I do not think so she is going to call Police. Maybe she got scared.” He said and left.

h. Medical: i) Doctors: Doctors’ key jobs are care patients and save patients. But they have worked as another political weapon for OBAMA/Lee Hsien Loong. From Dr. Narinder Dhaliwai’s hiding the truth and fabricating the colon and prostate cancers screening to threaten me to Dr. Antoine Dipsia’s arrogance to Dr. Li Li’s cover up and deception; ii) Pharmacies: Pharmacists have worked together with local goons to put unknown drugs to my meal and drink every day; iii) The dentist from Crystal Dental misdiagnosed my oral surgery to scare me; iv) Quest Diagnostics Inc. has fabricated some test results to manipulate/fool me.

i. My life has been paralyzed, from big issues to small things. Here I give another example, my laundry. The computer hacker can hack to my laundry card and laundry machines more than three times.

j. Local busted restaurants/groceries have put unknown drugs to my meal/drink/groceries, such as Oriental Restaurant located at 1107 Market St, San Francisco to cause me have a loose bowel more than 11 times on 5/4/2014.

Enough is enough!

2. What the originating court decided:

The district judge-Troy Nunley dismissed my complaint entered on Dec/16/2014.

3. The issues in your appeal:

1) Get a fair and timely hearing

2) Get “Relief Sought”

a. End long-term joint-tortures and joint-persecutions

b. Pay reasonable redress to my serious personal injuries and damages

4. The legal arguments you wish to present:

Again, too much to talk, here I list some and their key points:

1) Please see Affidavit-1 “Notice of Civil Claim”.

2) The judges, Dale Drozd and Troy Nunley misapplied the standard of R 4(m) to dismiss my complaint with ridiculous reason “without good faith”.

1^st, it is district court misled me that “I am an attorney.”  So, I can serve to defendant myself and I did serve the summons, complaint and all related documents to OBAMA on time; 2^nd, from the “Simple guide” given by court. It says “The court will serve the summons to all defendants”; 3^rd, from the summons itself issued by court, it says “OBAMA, you are requested to serve to Song within 60 days”. So, I have been waiting for the answer from OBAMA until now; 4^th, I did beg the court to find a credible and capable lawyer for me, but the district court just ignored me; 5^th, even during the “Status Conference”, I asked the judge Dale Drozd again “Please help me to find a credible and capable lawyer for me.” But he lied to me “No lawyer for civil case” and asked me to go to counter to get pro se manual; 6^th, after I got that manual, I prepared to re-serve again, Dale Drozd just dismissed my complaint within one week immediately 7^th, Dale Drozd used my honest statements and frustration as a reason to dismiss my complaint; 8^th, based on Federal Tort Claims Acts: The Complaint should be resolved within six months. If Dale Drozd is competent and really follows the federal rules, he should try his best to accomplish that. I filed two requests and motions to demand “Trial Schedule”. He just ignored me but ordered the “Status Conference” on Oct/10/2014 intentionally later than 120 days, then used that as another excuse to dismiss my complaint.

3) After I received the “Order and Findings and Recommendations” on Oct/20/2014, I filed an “Objections to Magistrate Judge’s Findings and Recommendations” on Oct/22/2014 immediately and begged the judge again to find a credible and capable lawyer for me; if not, please tell me what’s the exactly good service; or give me reasonable time to re-serve again because I am not an attorney and I have zero experience about America federal court and local court. Let’s see the R 4(m) again: “But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period”. On Dec/08/2014, I filed to district court again (See Affidavit-3) to demand an answer, but he abused an error standard of R 4 (m) again to order and adjudge the decision. Therefore, the order entered on Dec/16/2014 is not only just an error, but also it is biased, perjury, political consideration, possible insidious corruption, obstruction of justice and conspiracy.

4) Torts:

a. False imprisonment

It is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention. When it comes to public police, the proving of false imprisonment is sufficient to obtain a writ of habeas corpus.

America government put me in jail for more than 279 days without any knowledge, any lawyer, and any contact with the outside world.

b. Intentional infliction of emotional distress

It is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to it as the tort of outrage.

The extreme and outrageous conduct of America government and its evil ally-Singapore government is heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society because two governments know that I am vulnerable (Asian ethics and GLBT minority) and they have power.

c. Assault

In common law, assault is the tort of acting intentionally that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact.

Two governments have resources and networks. They hire local goons to enter my room freely to do whatever they want and local busted restaurants/groceries to add unknown drugs to my food/drink with the help of doctors/pharmacists.

d. Trespass to the person

Any intentional and unpermitted contact with the plaintiff's person.

The local goons enter my room freely not only to spy me, steal my property, but also deprive my right of food and sleep. They use either injection or drugs to make me totally unconsciousness to molest me.

e. Defamation

It is also calumny, vilification, and traducement—is the communication of a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation as well as other various kinds of defamation that retaliate against groundless criticism.

I cannot “To be myself” and “Follow my heart” and have my own character and principle. Otherwise, they slander me “I have mental illness” in despicable ways.

f. Conspiracy

OBAMA and his co-conspirator-Lee Hsien Loong have conspired to implement Lee Hsien Loong’s Ponzi scheme, soft dictatorship and death installment plan to force me to the dead-end.

5) Amendment I:

It prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.

a. Freedom of speech

OBAMA and his evil ally-Lee Hsien Loong have broken this law to hire the computer hackers to deprive my right of free speech.

b. Petition for a governmental redress of grievances:

I filed my complaint to the district court on May/30/2014. The judge named Dale Drozd and Troy Nunley deprived of my right and dismissed my complaint with ridiculous reason “without a good faith”.

6) Amendment V:

No person shall be deprived of life, liberty, or property, without due process of law.

a. America government put me in jail for more than 279 days without due process of law;

b. My life of “Not to be killed” and “Not to be injured or abused” are deprived of by OBAMA/Lee Hsien Loong;

c. My personal liberty, such as, “To communicate with the world” and “To express or publish one's opinions or those of others” are deprived of by OBAMA/Lee Hsien Loong;

7) Amendment VII:

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.

I demand jury trial for my personal injuries and damages from my “Civil cover sheet”. But the judge Dale Drozd deprived of my right.

8) Amendment VIII:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

I have doing nothing wrong but promoted universal human rights and American values, however, I have experienced cruel and unusual punishments hired by OBAMA/Lee Hsien Loong every day since June/05/2013.

9) UN Convention against Torture:

Torture is absolutely prohibited.

Why I reinforce this legal argument again here? Because OBAMA and his evil ally-Lee Hsien Loong have hired computer hackers, medical scumbag-doctors and pharmacists, local busted restaurants and groceries, and local goons to torture and persecute me every day since June/05/2013.

10) Worth of victim:

When I read the news and knew that Police charged House Speaker John Boehner’s bartender. I am glad that he is unharmed and safe. However, I believe that I am also entitled to be protected by Police because in front of law everyone is equal instead of “Worth of victim”. My incidents have happened not just one day, one month but more than 605 days. Police discriminate me.

11) Federal Employer’s Liability:

Federal employers, such as, FDA, DHS and Police should perform their duties to enforce the law and order and keep country safe.

If life and liberty are themselves unalienable rights, so must be its essence, safety and happiness. It is also clear from these truths that government obtains its power to govern from the consent of the governed and that the people consent to give that power to a government for the sole purpose of having that government protect their safety and happiness. It is also a fundamental truth that when the people give their consent to the government to govern them, they have entrusted that government with the protection of their safety and happiness.

If my safety is not a DHS’s matter, not a FDA’s matter, not a Police’s matter. It is OBAMA’s matter. Otherwise, he is incompetent to perform this essential job.

However, they know the laws but they break the laws for the conspiracy.

12) Product Liability Act:

The Model Product Liability Act provides legislators with core product liability provisions reflecting the best practices of the states. 

I believe McAfee, Boost Mobile, AT&T, and US Postal Service should hold accountable for their product/service malfunction and security breach against me.

13) Retaliation/Reprisal:

Federal law forbids retaliation or reprisal by any Federal employee against a person who makes a complaint or disclose information. However, OBAMA has conspired with his evil ally-Lee Hsien Loong to hire local goons and Federal agencies’ contractors etc to retaliate me.

14) Color of law abuses:

Preventing abuse of tyrant government, however, is equally necessary to the health of America healthy democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.

I have reported my incidents to DHG HIG HOTLINE, FDA, FBI and Sacramento Police for my “False arrest and fabrication of evidence”, “Failure to keep from harm”, “Home invasion”, “Food poison”, “Sexual assaults”, “Excessive force” and “Deprivation of property”, they just ignore those. If those are not the DHS’s matter, not FDA’s matter, not Police’s matter, but are OBAMA’S matter.

15) Code of judicial Conduct:

a. Code of judicial conduct-Canon 1: A judge should uphold and promote the independency, integrity and impartiality of judiciary.

But judges Tammy L. Fitting, Dale A. Drozd, and Troy Nunley are biased, perjury, and obstruction of justice.

b. Code of judicial conduct-2.4 (A): A judge should not be swayed by public clamor or fear of criticism.

However, Tammy L. Fitting, Dale A. Drozd, and Troy Nunley have hired local goons, busted groceries/restaurants to retaliate me, such as, annoying, tail, harassment, torture and persecution etc.

16) Voluntary Departure:

Based on Asylum law: anyone can claim asylum and withdraw the application anytime.

I was misled by Joe Biden’s statement in public that “Chen Guangcheng’s (a blind human rights defender in China) future is in America”. After I was put in jail, I sudden realized that “America government is not what I imagined”. Then I applied “Voluntary Departure” many times in verbal and writing. But Tammy Fitting just ignored me and defied me “We just want to torture and persecute you, see, what you would do?”

To save OBAMA’s face, I have not sued him in criminal court but in civil court. However, I believe “Home Invasion”, “Food Poison”, “Death Threatening”, “Sexual assault” and “Torture” are crimes.

5. A statement of what you want this Court to do:

My constitutional rights are disregarded by wicked, cruel and unjust even I do not have basic rights of food, sleep and water. The order entered on Dec/16/2014 is not just an error, but it is biased, perjury, political consideration, possible insidious corruption, miscarriage of justice, obstruction of justice and conspiracy. The district court and judges dismissed my complaint without reaching the merits of the constitutional claims and without conducting an evidentiary hearing. The order should be reversed.

Dated: Feb/27/2015                        Respectfully submitted: Song, Wenfo

---

Conscience of America

Safety is not a privilege but a right because anyone in America, regardless one’s nationality and the manner of arrival, is entitled to the full protection under America law. I came here to seek justice and protection. If OBAMA does not want to give me justice and is incompetent to protect my safety, why not let me go? Why has OBAMA conspired with Lee Hsien Loong to put me in jail for more than 279 days and used enhanced torture techniques to torture and persecute me every day since June/05/2013?

If there is any written law in America Constitution to say that anyone with valid legal document comes to America to seek political asylum must be put in jail and be tortured and persecuted, I surrender all; or if OBAMA uses “Executive order” to label me as a terrorist who poses imminent threat to national security and public safety. Ok, please present that “Executive order” to me and public and explain “why am I dangerous?” or if OBAMA thinks I libel him he can sue me for defamation (I do criticize OBAMA and his evil ally-Lee Hsien Loong harshly and remind them constantly for their obligations to human rights). Actually, I have been waiting for defamation lawsuit from OBAMA for more than 235 days and from Lee Hsien Loong for more than 8 years. Otherwise America government must pay reasonable redress to my wrongly jail for more than 279 days and serious personal injuries and damages from tortures and persecutions.  If OBAMA puts a legitimate peace offering/settlement on the table and I turn it down. Then OBAMA can conclude “I am irrational/unreasonable.” However, OBAMA and Lee Hsien Loong have abused their authorities, resources and networks to do cruel tortures and persecutions, play dirty tricks, lousy ploys and shady things to me, and finally cover-up clumsily every day.

To save OBAMA’s face, I have not sued him in criminal court but in civil court. However, I believe “Home Invasion”, “Food Poison”, “Death Threatening” and “Torture” are criminal. I also believe “The America Constitutional framers never intend to create an ‘executive fiat’”. But OBAMA has the deliberate purpose and intent to set himself above the Constitution and beyond the law. No, Law and order are not to be demanded only from the people, but from the government as well. There is no room for mercy and no room for vindictiveness in America justice. OBAMA should be tried in court like any other citizen. Moreover, Lee Hsien Loong/OBAMA should be tried in International Court of Justice for cruelty against humanity. Lee Hsien Loong should be put in jail for 99 years (Without OBAMA’s support behind, can Lee Hsien Loong become a large and man-eating shark to bite everyone on the bitch in America?) and OBAMA for 11 years.

I have done nothing wrong but promoted universal human rights and American values. Why have I become a “Public enemy”? Why from top President-OBAMA to justice trash-Tammy Fitting, Dale Drozd, and Troy Nunley, medical trash-doctors and pharmacists, computer hackers, local busted restaurants/groceries, to bottom-local goons, and etc, all is helping to cover up and all wants to crucify me? Why all media is warded off by Lee Hsien Loong/OBAMA? Unlike in Eastern, media is controlled by government, in Western, media will eat conspiracy alive. If Lee Hsien Loong/OBAMA do the right thing, why not let media dig deeper and disclose my full story to public and let public make up their own minds? OMG, what kind of country am I living in!

OBAMA has mortgaged America future to cover up his evil ally-Lee Hsien Loong and his notorious legacies-lawlessness, deception, manipulation, sex, conspiracy, torture and persecution and ugly constitutional crisis. So, their wrongdoings can be swept under the carpet.

No, as one of members of International Community, I want to stand up and represent the conscience of the entire American people and the whole world to condemn Lee Hsien Loong/OBAMA: Stop torture immediately because Torture is absolutely prohibited from UN Convention against Torture! Your Ponzi scheme, Soft dictatorship and Death installment plan go to hell!

Also, I will try my best (from District Court to 9th Circuit Court of Appeal with file number 15-15015 and finally to Supreme Court if 9th Circuit Court covers up for OBAMA) to ask OBAMA to hold accountable for his bad judgment, wrong decision and intentional torts. Maybe I will end up like a little boy, but I will tell public (Americans and the whole world): Shame to you-OBAMA because you have no clothes on!

I am under neither Lee Hsien Loong nor OBAMA but under the God and the law. If America government does not want to give me peace offering/settlement, delays my hearing intentionally, hires local goons to eviscerate me organ after organ, limb to limb, until I fall to the ground, and never give me a chance to go to court. America government will be deeply in my debt. However, the world and history will remember what the hell of Lee Hsien Loong/OBAMA have done to me!

My constitutional rights are disregarded by cruel, wicked and unjust, even I do not have basic rights of food, sleep and water. I am sick of and tired of such fxxking life-hypocrisy, conspiracy, deception, torture and persecution for more than 8 years. I am neither superman nor iron. Lee Hsien Loong/OBAMA are worse than Hitler because those Jewish victims just suffered short time when Hitler killed them or worse than those terrorists who attacked Charlie Hebdo because those terrorists attacked them in open but Lee Hsien Loong/OBAMA attack me in dark. Idle no more, enough is enough. The era of OBAMA’s lawlessness is over instead of Watergate legacy lasting in America in year 2015.

My dear global fellow citizens, I am the most frustrated man on earth. Let’s hand-in-hand and heart-to-heart to defend our hard-earned progress of freedom, democracy, human rights and rule of law for better America, better world and better tomorrow...

Global Conspiracy!!!!

 “Count down to Freedom”, during 33 miners were trapped in Chile every day I watched the TV news. When they were released after 69 days the tears were full of my eyes because as one of members of International Community I concerned their destiny although they are insignificant. That’s why US NASA team, Canadian Calgary team and Chilean government used global efforts to rescue them. One the contrary, because I want fundamental right of free speech, China government persecuted me in Singapore with support of Singapore government behind; after I escaped from Singapore, Singapore government has worked more aggressively than China government to torture and persecute me globally to keep its clean image; then Canada government had joined them to use “Coercive Medical” to kill “Canadian Charter of Rights and Freedoms” to keep its good relationship with two evil governments; finally US government had worked as a “World Police” to disappear me in jail to torture and persecute me for more than 279 days to please Singapore government, China government and Canada government.

I believe most Singaporeans, Canadians and Americans are nice. Without government getting involved, who can turn me-one law-abiding and well-behaving anytime and anywhere good citizen into a “Public Enemy”?

Sadness and outrage, I came here to seek justice and protection but US government has treated me as a dangerous terrorist and mafia kingpin who poses an imminent threat to the state and disappeared me at NWDC surreptitiously without any knowledge, any lawyer, and any contact with the outside world. If I ate, Ms. Hinderson Kitchen, Darigold Inc, Keefe Commissary added known drugs (I have found out) and unknown drugs to my meal/snacking to cause me headache, dizzy, chest pain, fever, sleeping disorder, skin rashes and itching, blurred vision, muscle/joint/feet burn/tingle/numb etc; if I slept, someone did something to my mouth, ear, nose, knee, penis, ass etc; after I got out from jail, US and Singapore governments have hired local goons and busted Groceries/Restaurants to add harmful substances to my every meal in San Francisco and Sacramento; plus border officer Mr. Brian Bettner and Jeff Obrist’s false accusation, ICE Mr. Nelson and Ms. Dela Paz’s cover up, Medical Trash-Dr. M. Futch’s malpractice, and Justice Trash-Tammy L. Fitting’s false evidence, perjury and miscarriage of justice etc. Who are behind the scenes? They are the CEO of NWDC, the CEO of GEO, the section head of ICE at Tacoma, Singapore government and US government (Canada government highly possible, China government I do not know at this point).

Regarding harm and mistreatments at NWDC, I had written many kites, filed many grievances and 4 official letters to DHS OIG HOTLINE and had called #518 almost every weekday since Nov/27/13; moreover, I had written letters to David L. Neal-Office of the Chief Immigration Judge, President OBAMA, Human Rights Watch-NY, Human Rights First-NY, UN High Commissioner for Refugees etc to demand to end torture and persecution almost every weekdays since Jul/30/13. If US government has not given immunity of prosecution, can those *ssholes run so wild and so rampant to torture and persecute me at NWDC, San Francisco and Sacramento?

As one of members of International Community, I have the responsibility to remind constantly for 4 governments for their obligations to human rights. Furthermore, I have dedicated my life to “Freedom, democracy, human rights and rule of law” for my fellow human beings. 4 governments have conspired to torture and persecute one innocent, vulnerable, defenseless civilian with zero resource for more than 7 years. Shame to US government! Shame to Singapore government! Shame to Canada government! Shame to China government!

US government has worked together with Singapore government to defy UN Convention against Torture.  Then OBAMA selected the Magistrate Judge named Dale A. Drozd to dismiss my complaint with ridiculous reason to deprive America Constitutional rights. The Court and the judge are not only “bad constitutional law”, but also “lawless,” “illegitimate,” “unprincipled,” “partisan,” “fraudulent,” “disingenuous,” and motivated by improper considerations, such as politics and insidious corruptions. The US judiciary system has embarrassed not only the entire nation but also the whole world and has become an International laughingstock. So, US government is not eligible for criticizing any country of “Freedom, democracy, human rights and rule of law”.

I like an animal even worse than animal at NWDC, San Francisco and Sacramento. If one mistreats one’s animal, ASPCA will speak out for the animal. However, I can’t speak out for myself. So, I ask all of you-my fellow global citizens, for the love of truth, justice and free expressions, come to my aid. This should not be happening in the beautiful and civilized country that I love, the country that gave the world the Renaissance. This phenomenon-which pertains not just to me, but to many others-brings to mind the most dysfunctional societies, such as might expect to find in Africa or Asia.

I filed my “Objections to Magistrate’s Findings and Recommendations” in Court on Oct/22/2014. The God is watching and the world is watching my trial against OBAMA with file number-2:14-CV-01322-TLN-DAD in US District Court-Eastern District of California……

www.tinydream-whereisjustice.blogspot.com , www.facebook.com/sam.song.9406

Notice of Civil Claim

SONG WENFO

2430 FAIR OAKS BLVD, SACRAMENTO, CA95825

415-810-2795

IN THE UNITED STATES DISTRICT COURT-EASTERN DISTRICT OF CALIFORNIA

SONG WENFO

                                                                                                            Plaintiff

Vs

THE PRESIDENT OF UNITED STATES (BARACK OBAMA)

                                                                                                            Defendant

                                                     NOTICE OF CIVIL CLAIM

Some agents from DOS, DHS, DOD and DOJ know the laws but broke the laws for the Intentional Torts. All is under the President OBAMA’s leadership. Here I list their abuse, malpractice, conspiracy, obstruction of Justice, torture and persecution.

Part 1: Facts and legal basis

1. Department of State (DOS):

(1) One of International Civil rights is the protection from discrimination on grounds such as race, gender, national origin, color, sexual orientation, ethnicity, religion, or disability.

On June/05/2013 about 11:30am, I went to US Consulate General in Vancouver to seek political asylum. 1^st, the security guards checked my passport and asked me to go to Europe (of course one officer asked them to said so). I said why no US? Then a female official came out and said “Not here.” “Why not?” Then I told her Chen Guangcheng’s story who spoke out to criticize China local government in China (Joe Biden said in Public that “His future is in America”). She said “No, you must go to border.”

US Embassy in China used huge resources and efforts to rescue him to escape from China to US. Why? Because US government wanted to defy China government for its obligations to human rights.  What I have done is the same business nature as him, why US Embassy helped him but US Consulate General in Vancouver refused me?

US Consulate General in Vancouver violated International Civil Rights of discrimination.

(2)Based on INA Acts: Anyone physically outside the US who qualifies as a refugee may apply for refugee status at the USCIS Office outside the US. Any US Consulate can help guide them to a USCIS Office or contact person as well. Why US Consulate General in Vancouver did not guide me to any USCIS Office but asked me to go to the border?

US Consulate General in Vancouver violated INA Acts of asylum claim outside US.

2. Department of Homeland Security (DHS):

(1) Loss of freedom:

-NWDC:

(a) The 1^ST Amendment of US Constitution: Congress shall not abridge the freedom of speech.  If I wrote letters to President OBAMA, human rights organizations and BIA etc to demand to end torture. The mafia kingpins at NWDC would intercept my correspondences.

(See exhibit-6 of Detainee Request Form dated Jul/19/13)

DHS violated 1st Amendment of US Constitution.

(b) American Convention on Human Rights: Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. If I wrote my diary to record details of what happened to me at NWDC, The mafia kingpins at NWDC would use many ways to torture and persecute me.

(See exhibit-1 of Blood and Tears at NDWC)

DHS violated American Convention on Human Rights of Freedom of thought.

(c) The 5^th Amendment of US Constitution: No person shall be deprived of life and liberty.

If I made the phone calls, Talton Communications would manipulate/intercept my phone calls to the outside world; in addition, I did not have the right to listen my favor radio channels and I did not have the right to spend my own money.

(See exhibit-5 of Grievance dated Dec/12/13)

DHS violated 5th Amendment of US Constitution.

(d) American Convention on Human Rights: Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby express themselves selectively.

I was snooped anytime and anywhere at NWDC, from where I went, what I did and what I said etc even shower.

(See exhibit-1 of Blood and Tears at NDWC)

DHS violated American Convention on Human Rights of privacy.

-San Francisco:

All is helping to cover up and to fool me from USCIS, AT&T, Boost Mobile, San Francisco Public Library (Main), Banks etc.

AT&T and Boost Mobile manipulate/intercept my incoming calls and outgoing calls.

(See exihibit-17 of email from Rogers and exhibit-18 of email to Boost Mobile)

San Francisco Public Library and computer assholes hired by governments have manipulated my computer operation, Internet privacy, email and postings censorship, Google search etc.

(See exhibit-2 of Blood and Tears in San Francisco)

 (2) UN Convention against Torture:

Torture is absolutely prohibited. UN ask the States Parties to have the obligations as follows to prohibit torture. 

(i)  Each State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture. The prohibition against torture shall be absolute and shall be upheld also in a state of war and in other exceptional circumstances (article 2);

(ii)  No State party may expel or extradite a person to a State where there are substantial grounds for believing that he would be in danger of being subjected to torture (article 3);

(iii) Each State party shall ensure that acts of torture are serious criminal offences within its legal system (article 4);

(iv) Each State party shall, on certain conditions, take a person suspected of the offence of torture into custody and make a preliminary inquiry into the facts (article 6);

(v)  Each State party shall either extradite a person suspected of the offence of torture or submit the case to its own authorities for prosecution (article 7);

(vi) Each State party shall ensure that its authorities make investigations when there is reasonable ground to believe that an act of torture has been committed (article 12);

(vii) Each State party shall ensure that an individual who alleges that he has been subjected to torture will have his case examined by the competent authorities (article 13);

(viii) Each State party shall ensure to victims of torture an enforceable right to fair and adequate compensation (article 14).

Torture-a vivid, agonizing pain has shot through my entire body as if a bolt of lightning has gone me. It has made every muscle in my body wince in sharp agony and it is something like the sensation produced when a dentist’s drill strikes a nerve, but infinitely multiplied and spread over the entire nervous system.

-NWDC:

The mafia kingpins had used many ways of torture to traumatize me, physically, emotionally, and psychologically.

(a) Emotional distress and psychological violence: To some degree, emotional distress and psychological violence are more horrible than physical violence. From Tammy Fitting’s deliberation of schedule on date 24 to TV 14, and crappy TV programs (they forced me to watch), such as AMC-dead-yourself, zombiefy-yourself, even UNHCR ROW# “Request for assistance/Song/China/ROW #514-13C01398 etc.

(See exhibit-5 of Grievance dated Feb/04/14 and exhibit-19 of Letters to UNHCR)

(b) Physical torture: 1st was my rights of freedoms as mentioned above; 2nd was hunger due to malnutrition and insufficient food quantity and poor food quality. I had lost 15 pounds (many people will think that is good thing but not for me because I am skinny); 3rd was food. I had experienced countless times of headache, dizzy, sleeping disorder, fever, skin rashes and itching, muscle/joint/feet burn/tingle/numb etc; 4th was sleep. Someone did something to my head, mouth, nose, ear, leg, penis and ass etc; 5th was put me at holding. The officers could put me at holding, sometimes more than 2 hours without reasonable reasons; 6th was someone put some chemicals to my mattress, blankets, under wears and socks to cause me muscle/joint/feet and top& bottom burn/tingle/numb; 7th was inmates, officers, lieutenants, busted doctors, and shit lawyers had worked together to seize every right opportunity to play me, fool me, humiliate me, harass me and assault me etc.

Seeing is believing. US government and Singapore government have think tanks, meritocracies and intelligent agents. Sometimes and something are difficult to prove. However, I do have some proofs as follows:

On Oct/15/2013, I found out that “There is a lot of powder on my mattress”. Many inmates saw I changed the mattress (See exhibit-1 of Blood and Tear at NWDC, dated Oct/15/2013); On Nov/14/2013, 3 lieutenants and one supervisor saw one blue on my left knee and one wound on my right leg (See exhibit-1of Blood and Tear at NWDC, dated Nov/14/2013); on Dec/15/2013, a Latino tried to assault me (See exhibit-1 of Blood and Tear at NWDC, dated Dec/15/2013); on Feb/10/2014, Dr. Smith saw my red ass (See exhibit-1 of Blood and Tear at NWDC, dated Feb/10/2014); on Mar/01/2014, my brother Jonathan saw the wound inside my mouth (See exhibit-1 of Blood and Tear at NWDC, dated Mar/01/2014); on Mar/06/2014, a female doctor saw a wart on my left pinky finger (See exhibit-1 of Blood and Tear at NWDC, dated Mar/06/2014); on Mar/10/2014, Dr. Smith saw a wart on my left pinky finger (See exhibit-1 of Blood and Tear at NWDC, dated Mar/10/2014).

(See exhibit-11 of Drug Descriptions)

DHS violated UN Convention against Torture.

-San Francisco:

All is helping to cover up and to fool me, such as Balboa Hotel, Budget Inn Hotel etc. And all wants to crucify me.

(See exhibit-2 of Blood and Tears in San Francisco)

DHS violated UN Convention against Torture.

(3) Coercive medical:

Based on International Human Rights Law, UN Convention Refugee and Protocol and US asylum law, coercive medical is a serious kind of persecution.

-NWDC:

Therefore, Singapore government and US government have done that to me in dark-putting unknown drugs (they know) to my meals/snacking/drink to intimidate me to submit to the tyranny. Singapore government and US government can defense themselves “Do you have proof?” Good defense, they have think tanks, meritocracies and intelligent agents but I have nothing. But I can counter ask them: ”Headache, dizzy, muscle/joint/feet burn/tingle/numb etc, how to prove?” However, I do have indirect proofs. Here I give some examples. I often got sick, such as fever, runny nose, sneeze (camera saw it and many people saw it and heard it); 3 lieutenants and one supervisor saw one wound on my right leg and one unknown blue on my left knee; doctors saw my wound and skin rashes on my arms and elbows (more than 3 months) etc. “Maybe those are coincident?” Well, I can list thousands of so-called coincident in Singapore, Canada and US. “Maybe other reasons?” Fine, I have asked doctors many times and given them sufficient times to cover up if doctors can give me reasonable explanations, but none.

If I had camera, I would take pictures of powder on my mattress and skin rashes on my arms and elbows before and after meals. But US government has seized all my personal property.

On Mar/10/2014, Immigration asked a psychiatrist to do “Mental Evaluation”. If I did not cooperate maybe I am still at jail. Why DHS forced me to do “Coercive Medical”?

Seeing is believing. US government and Singapore government have think tanks, meritocracies and intelligent agents. Sometimes and something are difficult to prove. However, I do have some proofs as follows:

On Dec/06/2013, a nurse saw my skin rashes (See exhibit-1 of Blood and Tear at NWDC, dated Dec/06/2013); on Feb/16/2014, an inmate Mr. Wu saw my skin rashes (See exhibit-1 of Blood and Tear at NWDC, dated Feb/16/2014); on Feb/19/2014, Dr. Smith saw my skin rashes (See exhibit-1 of Blood and Tear at NWDC, dated Feb/19/2014).

Another concrete proofs are medical record from DOD and drugs from Tacoma pharmacy. When I wrote something or had court hearings I got sick.

-San Francisco:

They hired local busted Groceries/Restaurants, such as, Oriental Restaurant, Walgreen Store, CVS Store, Cafico Donuts, Burger King, Emo’s Café, Subway, Safeway etc to put unknown drugs to my every meal to cause me dizzy, headache, muscle/joint/feet burn/tingle/numb and skin rashes etc.

(See exhibit-2 of Blood and Tears in San Francisco)

-Sacramento:

They have local assholes to enter my room to change the substances to my food and local busted Groceries/Restaurants to put unknown drugs to my meal to cause me dizzy, headache, muscle/joint/feet burn/tingle/numb and skin rashes, tumor on my back etc.    

(See exhibit-3 of Blood and Tears in Sacramento, exhibit-20 of UC DAVIS HEALTH SYSTEM and exhibit-21 DSC05471)

DHS violated US asylum law of coercive medical.

(4) Unwilling to control but retaliation even conspiracy (NWDC):

Supposed DHS was responsible for my harm and mistreatments at jail but it was not.

I had written many kites to ICE, filed 4 grievances to ICE and 4 official letters to DHS OIG HOTLINE and had been calling DHS OIG HOTLINE #518 almost every weekday since Nov/27/13. Moreover, I had been writing letters to David Neal-Office of the Chief Immigration Judge, President OBAMA, Human Rights Watch-NY, Human Rights First-NY, UNHCR etc to demand to end torture almost every weekday since Jul/30/13.

DHS was unwilling to control but retaliated via its contractors-GEO even conspired with Singapore government to torture and persecute me at jail.

(See exhibit-6 of Detainee Request Form, exhibit-9 of Articles, exhibit-8 of Protest Slips, exhibit-19 of Letters and exhibit-7 of Mail Receipts)

DHS violated US asylum law of unwilling to control.

(5)According to Article 31 of Refugee Convention and Protocol: It prohibits countries from imposing penalties on refugees for their illegal entry or presence. I entered here legally. Why DHS put me at jail?

DHS violated UN Refugee Convention and Protocol of Article 31.

(6)Based on US asylum law, three kinds of person could be put in detention:

a.      Has been convicted crime b. Pose a national security risk c. Pose a threat to public safety

No one fits to me. Why DHS put me at jail?

DHS violated US asylum law.

On June/05/2013 about 2:50pm, I went to border to seek political asylum. When the border officer put handcuffs on my hands I got stunned. OMG, “what the hell am I doing here?” I asked myself.  Then another officer named Brian Bettner asked me to take “Sworn Statement”. When he said “You are inadmissible” I stopped him immediately and asked “What do you mean inadmissible?” Then he accused me that I violated INA 212 (a) (7) (A) (I) (i). “No one fits to me.” I argued. But he continued to fool me. I disagreed. Finally he lost his patience and said “That’s standard procedure” and asked me to cooperate with him. At the time I thought immigration maybe complex and since I came here I had better trust him and cooperate with him. Therefore I did as he asked.

(See exhibit-12 of Sworn Statement)

Brian Bettner abused INA 212.

(7)Based on confidentiality of US asylum law: US government should keep strictly confidential of any asylum-seeker. Why another border officer named Jeff Obrist called Singapore Consulate General of my asylum claim?

Jeff Obrist violated US asylum law of confidentiality.

(8)The 4^th Amendment of US Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I am a law-abiding and well-behaving good citizen, not a terrorist, not a gang member and not a drug dealer and drug user, why DHS searched my personal property and seized my personal property?

(See exhibit-14 of Property Withheld Report)

DHS violated 4th Amendment of US Constitution.

(9) Based on INA Acts: (a) if his/her case is denied (b) unless he/she is in valid status at the time;

He/she will end up in removal proceedings. This means that he/she will be “referred” to an immigration judge.

I did not get any Asylum Officer interview during 279 days. It means my case is not denied by Asylum Officer. Furthermore, I am still in valid status at the time. Why DHS referred me to immigration judge at the first place?

(See exhibit-15 of Referral to immigration judge)

DHS abused INA Acts of referral.

(10) Based on US asylum law, Asylum Officer should interview asylum-seeker within 45 days after initial claim. I stayed at jail for more than 279 days but I did not get any such interview.

DHS violated US asylum law of “Asylum Officer” Interview.

(11) Abuse: On Feb/25/2014, my Immigration Judge granted my bond bailout and the Counsel of ICE agreed the amount set by Immigration Judge. I was willing and able to pay the bond. My immediately release benefited both parties-me (I got the freedom) and government because ICE must pay about $200 per day to its contractor-GEO for every inmate, why DHS still put me at jail for more than another extra 14 days?

(See exhibit-21 Release of Property and/or Fund)

DHS abused its power to extend its torture.

3. Department of Defense (DOD):

Instead of playing politics, doctors should try their best to care patients and save patients. However, doctors at NWDC had played politics for the reason of conspiracy, such as asking inappropriate even insulting questions, delaying my treatment, hiding truth, changing my identity even twisting my statements etc.

Here I give some examples as follows:

1^st, medical record is private and should be treated as strictly confidential. I did not sign any consent of release of my medical record from Canada to NWDC. How did NWDC get my medical record? And why Canada government released it to NWDC? 2^ND was “Problem list” of allergy from “Patient Summary”. I told the doctor clearly that “I do not have any allergy about food and medications”, why doctor had such list? 3^rd was “Initial Medical/Mental Health Screening”-abnormal, what abnormal? 4^th was “Patient appears oriented to person, place and time”-Yes. But another line said “Patient appears not orient to”, what the hell were they doing? 5^th I am a man, why doctor asked me such question: ”Are you pregnant?” 6^th was a female psychiatrist asked me “Do you have family abuse?” on June/20/2013. She insulted not only me but my family. 7^th was doctor(s) changed my medical record. For example, my nationality is Singapore, but it was changed to PRC on June/20/2013; my initial weight was 139 pounds, but it was changed to 130 pounds on Feb/19/2014. 8^th was on Jul/22/13, I went to medical to see my muscle/joint/feet burn/tingle/numb after meal and after sleep at NWDC. The doctor named M. Futch told me “I have no ideas of those problems” but he asked me to change the mattress. Apparently he knew what happened to me. On Oct/15/2013, I found out that “There is a lot of powder on my mattress.”

(See exhibit-16 of Patient Summary and exhibit-5 of Grievance dated Dec/18/2013)

Finally I talked about persecution. Based on Canadian famous human rights lawyer David Matis’s saying: If one gets disease and can’t get appropriate treatment, it is a kind of persecution. I had lower lip dry and rough for more than 2 months, sleeping disorder for more than 3 months and muscle/joint/feet burn/tingle/numb for more than 6 months. Moreover, those diseases had been caused by Singapore government and US government not me. But I could not get appropriate treatment. Unlike cancer or unknown diseases, those diseases are not complicated, why those were still there? Because doctors wanted me to suffer. 99% possibility was that doctors know the root-cause but they rather not to say; 1% possibility was that doctors do not know. If that’s the case, that’s concrete proof that they are medical trash.

DOD violated International Human Rights Law of persecution.

4. Department of Justice (DOJ):

(1) Tammy L. Fitting:

Immigration Judge should strive to act honorably, fairly and in accordance with the higher ethical standards to handle each case. However, Tammy Fitting has impugned the integrity of my hearing process. I have 8 hearings which are not my hearings but her accusation, humiliation and torture.

(a) According priority rules of UNHAR (United Nations Human Rights Commission for Refugees): Asylum-seeker under political opinion ground belongs to priority one. Why Tammy Fitting deliberated delaying my hearing for more than 279 days.

Tammy Fitting violated UNHCR priority rules.

(b) Rule by man: Supposed US is a country of “rule of law” but she had defied me and the public of “rule by her” to manipulate my whole court proceedings:

(i) Denied my application on Jul/11/13 without sound reason (See exhibit-4 of Court Papers dated Jul/11/13.)

Tammy Fitting violated UN Refugee Convention and Protocol of Article 33 of Nonrefoulment and UN Convention against Torture of Article 3.

(ii) Based on US asylum law, any asylum-seeker can apply “Voluntary Departure” at any stage. Since Tammy Fitting denied my application she should let me go. I applied “Voluntary Departure” many times by verbal and three written request to ICE on June/17, 18 and 19 before my first Master Hearing on June/24/13 (See exhibit-5 of Detainee Request Form dated June 17, 18 and 19) and one written “Motion to Advance” to her. She denied me at court in verbal many times and one written of her decision with reason of “No earlier dates available” (See exhibit-4 of Court Paper dated Jul/19/13).

Tammy Fitting violated US asylum law of Voluntary Departure.

(iii) Then Tammy Fitting reopened my case again and again. Until right now I have 8 hearings with nothing (See exhibit-9 of Articles).

(iv) On June/17/2013, Tammy Fitting denied my bond hearing with reason of “Visa Waiver Program”. If that is the case, she should have consistent policy all the time. However, on Oct/30/2013, she told me “I can apply bond hearing again after I stay at jail for more than 180 days.” Ok, I did apply bond hearing again but she denied me with another reason because “I am not arrested.” (See exhibit-4 of Court Papers dated Nov/27/2013) Since she knows that “I am not arrested” why she told me that? Then DHS scheduled my bond hearing on Feb/25/14, Tammy Fitting granted the application with reason of “Good cause has been established for the motion” on Feb/10/2014. What good cause? Finally, she granted me on Feb/25/2014.

(c) Asylum-only hearing: Based on BIA Affirmative Asylum Procedure manual: Those so-called 6 categories for “asylum-only” of alien not entitled to proceedings under section INA 240.

(1) Crewmembers

(2) Stowaways who pass the credible fear standard

(3) Applicants for admission under Visa Waiver Program (VWP) (in the inspections context)

(4) VWP overstays

(5) Aliens ordered removed under INA Section 235 (c) (security and related grounds); and

(6) Nonimmigrant admitted pursuant to INA 101 (a) (15) (s) (witness and informants)

No one fits to me, why Tammy Fitting put me on “Asylum-only” hearing?

Tammy L. Fitting violated BIA of Affirmative Asylum Procedure manual of Asylum-only Hearing and INA 240.

(d) Due process: Based on US asylum law: Any asylum-seeker has the rights of due process. But Tammy Fitting just treated me as an animal. My 8 hearings are not my hearing but her accusation, humiliation and torture.

Tammy L. Fitting violated US asylum law of due process.

(e) Rights of Appeal: Immigration Judge can deny the application. However, asylum-seeker has the right to appeal to the higher court. Why Tammy Fitting deprived my right of appeal because she did not give me “the forms and instructions of how to appeal”?

Tammy L. Fitting violated US asylum law of “Rights of Appeal”. (See exhibit-4 of Court Papers dated Jul/11/2013)

(f) Public Trust: Tammy Fitting fabricated the evidence that “I failed to attend ‘removal and deportation’ hearing”. I did not receive such paper, how could I attend such hearing?

Tammy L. Fitting breached “Public Trust”. (See exhibit-4 of Court Papers dated Jul/11/2013)

(g) Professional Ethics: Tammy Fitting should ask relevant questions, such as, what torture and persecution? When and Who? Why?  Etc, but she asked irrelevant questions, such as, family issue, medical issue and language issue etc.

Tammy Fitting violated Professional Ethics.

(h) Based on the rules of US Courts: the respondent can represent either by himself/herself or lawyer/trained representative. Tammy Fitting humiliated me many times that “I can’t represent myself.” Moreover, based on gentle reminder of US Court: the court remind any asylum-seeker to seek recognized lawyer/trained representative, but she asked my friends to represent me on Oct/30/2013. My friends are neither lawyers nor trained representatives, how can they represent me?

Tammy L. Fitting violated the rules of US Courts. (See exhibit-9 of Articles-Shame to you-Tammy L. Fitting (3)!)

(i) Based on the rules of US Courts, the Court should have a stamp after submission of form I-589. I submitted the form of I-589 on Jul/11/2013 to Tammy Fitting and the Counsel of ICE but I did not get any stamp on my form or any official receipt of such application.

Tammy L. Fitting violated the rules of US Courts again.

(j) Torture: US Courts are required, whenever possible, to construe domestic legislation that is consistent with international obligations. Moreover, International Human Rights laws are so important to asylum adjudications. Tammy Fitting works in asylum field and should hate torture. But actually she inspires torture. She has abused her power to delay my hearing for more than 279 days to torture me at jail; moreover, she let me out not based on parole but based on bond, plus DHS has seized all my all my IDs and others etc.  Therefore she has forced me to become homeless in San Francisco.

Tammy L. Fitting violated UN Convention against Torture.

(k) Persecution: On Jul/11/13, I told her very clearly that “Coercive Medical” was the conspiracy among Canada government, Singapore government and China government. Furthermore, based on US asylum law, “Coercive Medical” is a serious kind of persecution. But she forced me to do that not just once but twice.

Tammy L. Fitting violated US asylum law of Coercive Medical.

(2) FBI: I have done nothing wrong. Why my name is on the blacklist of FBI with file number of 799877VD1 and charge code of I7A1.

(See exhibit-13 of DHS Evidence Packet)

Part 2: Time for response to civil claim

A response to civil claim muse be filed and served on the plaintiff within 21 days if you reside in U.S.A.

Part 3: Relief Sought

1. I am entitled to be protected by US government. OBAMA should stop torture and persecution me immediately.

2. For wrongly jail for more than 279 days, the Judge can decide which amount is appropriate. Here I can give one example, the Canada government paid about C$7 Million for false terrorist accusation to Maher Arar-a Syria telecom engineer for wrongly jail about 8 months.

3. Torture and persecution: I came here to seek justice and protection. But US government did not protect me but has tortured and persecuted me not only at jail but outside jail through medical violence to my every meal. Here I give another example happened in US. One old lady ordered a coffee from MacDonald’s, she got about one Million compensation for product liability because MacDonald’s did not warn customer that “Coffee is hot, please have it with caution”. The Judge can decide which amount is appropriate for me.

4. Punitive damages; The Judge should add my pain and suffering, loss of freedom, loss of enjoyment of life, loss of trust people etc and decide which amount is appropriate.

5. Cost of action.

Note: For security reason, I did not disclose my apartment number. Anticipated OBAMA and the court will use that as an excuse to delay my case, I updated my full address at USPS on Jun/03/2014 online.