Undocumented immigrant who took sanctuary in New Haven church granted stay of deportation Norwalk mother of 4 had taken sanctuary in church to avoid deportation

NEW HAVEN >> Nury Chavarria, who was on the verge of being deported back to Guatemala last week, has now been granted an emergency stay.

It has been an emotional roller coaster for the 43-year-old undocumented immigrant, who for years had gotten multiple stays based on humanitarian grounds, but was told late last month to buy a one-way ticket to a country she has not seen in 24 years.

Student lawyers at the Worker and Immigrant Rights Advocacy Clinic at the Yale Law School, led by supervisory attorney Marisol Orihuela, filed a motion for a stay before Immigration Judge Philip Verrillo Wednesday and another to reopen Chavarria’s case.

Within an hour, Verillo found the argument for a stay “so compelling” that he granted it, Orihuela said, and Chavarria’s story took another turn.

The crowd of faith leaders, Mayor Toni Harp and several hundred supporters, who had shown up for a rally to demonstrate continuing support for Chavarria and similarly situated immigrants, burst into applause outside Iglesia de Dios Pentecostal, when they got the news.

Chavarria had decided she could not leave her four U.S. citizen children behind and took up sanctuary in the Fair Haven church where she has been living with her youngest daughter, 9-year-old Hayley Chavarria, for the past six days.

The Norwalk resident appeared in public for the first time since she took sanctuary and thanked those who took up her case, partiularly the law students, her attorney Glenn Formica, Pastor Hector Otero and his parishioners who cared for her for the past week, and Kica Matos, who helped to organize the effort.

“Now I can cry, not as I did on the (July) 20th when I was shedding tears because I had to leave, but tears of joy,” Chavarria said.

Lindsay Chavarria, 18, third from left, looks at her mother, Nury Chavarria, center, as they and Diane Otero lead a march down South Front Street in New Haven Wednesday. Lindsay Chavarria, 18, third from left, looks at her mother, Nury Chavarria, center, as they and Diane Otero lead a march down South Front Street in New Haven Wednesday. Photo: Catherine Avalone / Hearst Connecticut Media Photo: Catherine Avalone / Hearst Connecticut Media Image 1 of / 6 Caption Close Undocumented immigrant who took sanctuary in New Haven church granted stay of deportation 1 / 6 Back to Gallery

“God has been my attorney and thank God and attorney Formica and the rest of the legal team that helped me,” she said.

The Rev. Abraham Hernandez, of the National Hispanic Leadership Conference, told the crowd the he has never been as proud to be a resident of Connecticut as he was on Wednesday.

“To see the groundswell of support from the faith-based community, from social activists ... this was a clear demonstration of what Connecticut can do when we unite. ... We believe if there is a prayer that God hears, it is the prayer of a crying mother,” Hernandez said.

Matos, who is the spokesperson for the Fair Immigration Reform Movement and a New Haven resident, also thanked the Connecticut Immigrant Rights Alliance, Unidad Latina En Accion and CT Shoreline Indivisible.

Ana Maria Rivera of CIRA said she was grateful that Chavarria took “the brave step” to stay and fight for her family and to “breathe new hope to the immigrant rights community. Because of you, now people are thinking that it might be possible for them to fight and stay in the country.”

John Lugo, of ULA, urged the community to keep organizing, “because without organizing, we cannot fight back. So let’s remember, if we fight we win.”

Otero said his daughter asked him if he would be arrested because he had granted sanctuary to Chavarria.

“I don’t know, but I believe I am doing the right thing,” he said to cheers from the crowd.

Harp said the city will continue to stand with Chavarria as her fight continues and she had a special thanks to Matos and the law students.

“Oftentimes people question the value of having Yale in our community, but I cannot tell you how grateful I am for Yale’s immigration clinic because ICE and the rest of those who mess with our neighbors, know better than to come to New Haven,” Harp said.

She said she was also grateful for the faith leaders that came forward, as religious leaders don’t always do that.

“You are living your values and that helps give us strength to live those values, too. My heart goes out to you. I am eternally grateful for what it is you have done, what your congregation has done on behalf of Nury and on behalf of what she symbolizes,” Harp said.”Your voices made a difference. ... I am so proud to be the mayor of New Haven.”

Orihuela said there are several thing the court should consider in reopening proceedings to reconsider whether Chavarria can stay lawfully in the country.

She said there is new evidence, as well as changes in law since her original deportation order in 1999, that warrants that the court take a new look at her case.

The lawyers won’t know for a few weeks whether the court will reopen the case, but in the meantime, Chavarria will be back in Norwalk with her children as the legal team continues to look for her old records.

Orihuela said Chavarria’s case is a sad and common immigration story. She said often someone can go through proceedings and not know until much later that there are more avenues to pursue.

The Yale clinic didn’t get involved until Friday after Formica called Yale Law professor Michael Wishnie, who over sees the clinics, for advice.

“Part of the mission of the clinic is to support the New Haven community. ... You have to imagine that a lot of people fall through the cracks,” Orihuela said.

She said it was a combination of a “huge courageous action” by Chavarria and a series of very lucky events, that led to the latest stay.

“I don’t think it would have been possible, but for all the avenues of support,” she said.

Several other officials also weighed in.

“Today, reason and compassion have prevailed,” Gov. Dannel P. Malloy said in a release. “There was never a rational justification for Nury Chavarria to have been threatened with deportation and separated from her children, and I applaud this decision ... to allow her to continue living and working in the United States with her family.

U.S. Sen. Richard Blumenthal, D-Conn., also in a statement, said “Justice and reason have prevailed and Nury will be allowed to temporarily return to her home in Norwalk as we continue to fight for long-term relief.

“The facts in this case are clear and compelling, and I am hopeful that once granted her day in court Nury will be awarded the legal status she deserves,” he said.

On Sunday, more than 200 people came to her new home at the church to bring a message from the outside world: She is loved, supported and the fight has just begun.

Approximately midway through a planned vigil on a hill beside the church, an emotional Chavarria briefly addressed the crowd in Spanish from behind a fence guarded by volunteers, thanking the community for being there and for supporting her.

U.S. Rep. Rosa L. DeLauro, D-3, said in a statement that she is “thrilled” about the stay of deportation granted for Chavarria and “it is the right thing to do.”

“I will continue to work with her and her attorneys as they work to secure Nury permanent legal status,” DeLauro said.

“The story of Nury Chavarria, as well as those of Luis Barrios and others, demonstrate the need for Congress to take up comprehensive immigration reform. Families should not have to live in fear of being torn apart because the system is broken.”

Barrios’ case for asylum is being reconsidered.

“I commend ICE and the federal court on this decision,” Lt. Gov. Nancy Wyman said in a release. “For years, Ms. Chavarria has abided by the requirements set forth by immigration officials in order to stay in this country, raise her children, go to work, and support her family. I’m grateful to the many advocates and the church community that took a brave stand to protect her, to fight for her, and to call attention to a situation that, if allowed to proceed unchecked, would not have furthered our national security interests. I hope Ms. Chavarria and her family are able to move past this traumatic situation and get back to their lives.”