“You shall appoint judges and officials throughout your tribes to administer the justice for the people in all the communities which the Lord, your God, is giving you. You shall not distort justice; you must be impartial. You shall not take a bribe; for a bribe blinds the eyes even of the wise and twists the words even of the just. Justice and justice alone shall be your aim,...”
DEUTERONOMY 16: 18-20
I
am an individual (an Asian, Canadian citizen) born in THE CHILDREN NEEDS THEIR FATHER IN THEIR LIFE
Opinion by the 13th
Court of Appeals,
regarding the Transfer of Case, entered on 15th of Feb. 2007 (On
Page 16, Para. 12) (Cause No. 13-02-00504-CV) “Appellant next complains that the trial court was without
jurisdiction to transfer this case after the trial court lost its plenary
jurisdiction. The final decree of divorce was signed August 1, 2002.
Nevertheless, the trial court transferred the case affecting the parent-child
relationship on February 19, 2003 from the 357th Judicial District Court to the
404th Judicial District Court. He cites State
ex rel. Latty v. Owens,
907 S.W.2d 484, 486 (
“Hatred is not an emotion that comes naturally to a child, It has to be taught. A parent who would teach a child to hate the other parent represents a grave and persistent danger to the mental and emotional health of that child.”
The order to
incarcerate me, until I sign the consent is attached here, as
Exhibit A (.pdf).
You may see that in the said order, it is
stated that, ‘the court finds that ROBERT THOMAS enjoys representing himself..’. This is intentionally made by the opposing counsel to
insult me. Before the said hearing I went to numerous attorneys. No one took my
case. It seems like someone has told the attorneys not to help me. Because of the conspiracy in this case, lot of attorneys knew that the judge was going to put me in jail. The
said hearing also was done in a kind of secret way. It was held separately from
other hearing, out of presence of the public. Before the judge ordered to put
me in jail, I requested the judge to appoint a lawyer. But the judge even
refused that.
The passport officials informed me, the Federal Government introduced the signing of consent to prevent child abduction. And they informed me, if one parent fears that, the child will be abducted, then that parent need not sign the consent and no one including a judge can force to sign.
Even though I was released after 4 months without signing consent, my ex-employer (Trico) refused to hire me back. There were several job openings, but they hired persons from other races, who were much less qualified than me. I filed a petition in the Brownsville Federal Court for employment discrimination against Trico Product Corporation, Gates Corporation, Tomkins plc, Jim Gaither and John Winn. But the Federal Judge (Hon. Hilda Tagle) dismissed my petition, without looking into the evidences and arguments submitted by me. Judge Tagle became famous when she convicted the ex-sheriff of Cameron County. But in my case it shows that she has a different face. It seems like she is been influenced by the companies (Trico, Gates and Tomkins) who has multi billion dollars to spare. Evidence in my case showed that from the beginning itself the opposing counsels were communicating ex-parte with the Judge. One of the person who was hired instead of me (for the position of Toolmaker) was Gary Eich, who is a white person. I have worked with Gary Eich before, at Adtech in Harlingen, Texas. He started learning toolmaking only in the year 2001. But I have completed a 4 year higher training in Tool and Die making in the year 1980, from India. Compared to my 25 years experience he had only about 4-6 years experience and he never completed a Tool making apprenticeship. He testified that he never went to school to learn toolmaking. But the Company lied to the EEOC that I have only 7 years experience and Eich has 8 years experience and that is why they did not hire me. When I filed the complaint in the Federal Court, the attorneys found that my experience is much higher than Eich's. Then they changed their story and tried to tell that I was not hired because of my attendance problems. Even though I had some attendance problems in the beginning, I had perfect attendance for almost 6 months until my resignation. So this was not the real reason. When I asked for discovery on the attendance records Trico refused discovery and I filed a motion to compel. Then Judge Tagle did a favor to them by first ruling that the attendance records of Thomas or other employees were not relevant and denied discovery. But when I filed my response to the respondents motion for summary Judgment, the Judge saw that I have several more experience than Eich and then, she simply sided with the respondents and ruled that I was not better qualified because of my attendance problems. Respondents even filed declarations of employees that says I was not discriminated at the work place. But when I took a deposition of an employee, he testified that he do not know whether I was discriminated or not, but Trico's lawyer prepared the declaration and he just signed it. The Judge did not even consider this, or the false explanations given by the Company or she did not consider the true qualification of me. I was completely denied justice. What is the use of taking a matter to the Court, if the Court only listen to one side? The 5th Court of Appeals also did the same thing. They also completely ignored the evidences presented by me and the arguments. Finally the Supreme Court also denied my petition for writ of certiorari on June 2, 2008. All the Courts in this case, made such a one sided ruling against me, it is very clear that the respondents have conspired and influenced the employees of the courts. I strongly believe that the Justices in the Supreme Court or in the Court of appeals may not even have seen my case.
Since the horrific events of September 11, our nation has witnessed an alarming rise in incidents of discrimination against Arab and Muslim Americans and against persons perceived to be Arab or Muslim. Now there are cases developed in this country which makes serious doubt whether the promise of equal protection embodied in federal and state anti-discrimination laws have become a meaningless guarantee for persons perceived to be Arab or Muslim. In response to this troubling backlash, President Bush, in his first address to Congress following the attacks, felt compelled to declare that “no one should be singled out for unfair treatment or unkind words because of their background or religious faith.” Attorney General Ashcroft was equally adamant in proclaiming, just days after the attacks, that “we must not descend to the level of those who perpetrated Tuesday's violence by targeting individuals based on their race, their religion, [or] their national origin.”
Records in my divorce case showed that the opposing counsel insulted me in front of the Judge by comparing me to ‘Taliban’ But the Judge did not take any action against the lawyer. In Trico the Employees and the Supervisors called me “Gandhi”. When I was arrested and incarcerated for not signing consent, a fellow employee (Cuauhtémoc Garcia) also was arrested. But he was released immediately. His affidavit showed that, he was arrested because the court officials thought that he is also from India like me . So there we can see an evidence of racial profiling by the court in my case.
In Cerqueira v. American Airlines, Inc 502 F.3d 1(2008, 1st Cir.), Mr. Cerqueira was removed from the plane, because he appeared like an Arab or Muslim. But in fact he was a Portuguese. Even after he passed police clearance, the American Airlines refused to book him and he has to fly with another plane. The jury found that The American Airlines intentionally discriminated Cerqueria because of his race and gave verdict in favor of him. But to everyone’s surprise the the Court of Appeals for the 1st Circuit not only vacated the case, but also they made an opinion saying that racial profiling is allowed for security reasons. I also believe that I am victim of Racial profiling by the courts. I have provided tons of evidences against the respondents, but all the Courts refused to look at this, which is against the 14th Amendment. The Congress brought the 14th Amendment mainly to eliminate racial discrimination in this Country.
It is well-established that Congressional legislation is entitled to a strong presumption of constitutionality. See United States v. Morrison, 529 U.S. 598, 607 (2000); Reno v. Condon, 528 U.S. 141, 147 (2000); Union Pac. Ry. Co. v. United States, 99 U.S. (9 Otto) 700, 718 (1878) ("Every possible presumption is in favor of the validity of a statute, and this continues until the contrary is shown beyond a rational doubt.")."The Congress is a coequal branch of government whose Members take the same oath [judges] do to uphold the Constitution of the United States. As Justice Frankfurter noted in Joint Anti-Fascist Refugee Committeev.McGrath, 341 U.S. 123, 164 (1951) (concurring opinion), we must have 'due regard to the fact that this Court is not exercising a primary judgment but is sitting in judgment upon those who also have taken the oath to observe the Constitution and who have the responsibility for carrying on government.'" Rostkerv. Goldberg, 453 U.S. 57, 64 (1981). Therefore I deserves equal protection and justice and the Court should respect the 14th Amendment and should hear my side of the story.
I have already filed a petition for rehearing in the Supreme Court (Case No. 07-1117) In order to open the eyes of the Justices, I am going to protest in the front of the Supreme Court in the following weeks. I request all the people who read this to support me in any way you can, to make this event successful and remove the corruption and racial profiling from our court system.
In the Internet there are a lot of articles about, Judge Limas’ corruptions. An article named as ‘Thanks, Judge Abel Limas’
(http://stxc.blogspot.com/2006/02/thanks-judge-abel-limas.html)
shows that Limas allowed a person who was found guilty of aggravated sexual assault, to go free on bond until his sentencing and the said person did not appear for the sentencing. Another controversial case was that Limas allowed a murderer to go free on bond for 60 days until his sentencing and now the murderer is a fugitive (please check,
http://www.themonitor.com/news/livingston_4092___article.html/marshall_wanted.html)
. I believe Peter Gilman knew that Limas is the only Judge who can do such an order to force someone to sign consent, he was somehow moved my case conspiring with the staff and the Judge. Even though I filed many complaints in the Government departments no one has taken any action against the Judge Limas or peter Gilman.
Judge Limas has several times, refused to recuse from my case and finally after my appeal, he was ordered by the appeal court to transfer back the case to the 357th District Court.
Relevant portion from the said order shows;
After transferring the case back to the 357th Court, the Judge of the 357th Court transferred the case to the Family Court. But the Family Court Transferred the case back to the 357th again. Then the 357th Judge recused from my case and a Hidalgo County, District Judge is appointed in my case now. He on April 4, 2008 heard my motion for enforcement of my visitation rights and motion to reduce child support, which were pending in the courts for more than 2 years. The new Judge reduced the child support, but he refused to punish the mother even though he found that she was in contempt for denying me visitation with the children. But he ordered her to encourage the children and ordered to follow the order entered before on visitation.
Since the Court did not punish her for the contempt, my ex-wife has attained more courage in denying me visitation. She is still discouraging the children and she is keeping the children engaged in some other activities when I go for visitation. A true copy of the affidavit of Donna Gonzalez (.pdf) who has witnessed the visitations is attached here. My ex-wife also has a history of accusing me of sexually molesting my older daughter when the child was only 2 years old. During the investigation time she even threatened to kill the children if she has to allow me visitation. She has done this in front of an investigation officer and an assistant DA, but they did not report this to the Judge. A true copy of the audio recording of the said conversation which was recorded by my ex-wife (which she accidentally left in my car and I found this after the divorce, when I was cleaning the car) is available and planned to be included here in this website later. In order to prove my innocence I have to give a polygraph test and I passed it. But the same time she refused to give a polygraph test. So it was clear that she did this purposefully to remove my visitation rights. But the officials did not file any charges on her for filing a false case.
The mother has poisoned and programmed the minds of the children to hate me. Once the Honorable Judge Gomery of Canada stated:
There is no doubt that the mother is mentally abusing the children and if they are left in her custody, she won't let me have any relationship with them. The Children needs their father in their life. There are clear and convincing evidences in this case against her, and the Courts should respect the law, and should give the custody of the children to me. I have already filed a motion to modify the custody order (.pdf) ,which is attached here.
I request all the fathers and mothers who cares for the mental well being of the children to support me to get justice. If you are in the Washington DC area please come and join me at the Hunger Strike. For the exact date of the Hunger strike please contact me. Please send email to the FBI at,
and also to the justice department at,
.
I have attached a few of the documents from my
divorce case (.pdf) and also from my discrimination case in this website. Please
review it and please contact me if you can, by e-mail
or by phone
with your comments.
Thanking You,
Robert Thomas
NB: My Divorce case No.
is: 2001-12-5216-E,
filed with the Cameron County Court House in Brownsville, TX.
Contact Me:
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