Tuesday, October 13, 2009

Rifqa Bary--Live Blogging of Today's Hearing

*****UPDATE***** In an interesting turn of events, it seems that the Barys are in the country illegally, and that they will have to be deported once the documentation is provided in court. Rifqa will most likely be able to apply for asylum. Read about Mr. Bary's illegal status here.

2:00pm - People are arriving for hearing for teenage runaway who converted from Islam to Christianity and fled her Ohio home for the safety of some Orlando church leaders. Today, the judge here and one in Ohio will hold a conference call to discuss how to proceed. Rifa Bary wants to stay in Florida, fearing for her personal safety. Her parents deny her claims that she will be the victim of an honor killing for leaving her family's faith. They say he is welcome to practice the religion of her choosing under their roof.

2:38pm - Overflow courtroom is almost full of Rifqa's supporters. Some are wearing t-shirts bearing Bible scripture. A small group held a short prayer circle in the lobby beforehand. Attorneys are not yet seated. Hearing will a few minutes late, it appears.

2:43pm - Rifqa and her attorney have arrived in court. She is wearing a black and white dress and appears calm. She is smiling and making small talk with Christa Bartholomew, her guardian at litem, or legal guardian assigned to this case. Her demeanor in the past has been much more subdued.

2:47 pm - judge learns mediation between Rifqa and her parents did not reach an agreement between parties.

2:50 pm - Jurisdiction is being talked about now. The courts in Orange County and Franklin County, Ohio are connected via a conference call.

2:55 pm - Ohio juvenile court judge Elizabeth Gill said she is willing to take on the case. Ohio DCF said Rifqa would be placed in a foster home, not returned to her parents.

3:00 pm - Rifq'a attorney John Stemberger is objecting to the case being turned over to Ohio. However, her guardian ad litem said Ohio is the proper place. She wants Rifqa's move back to Ohio to be "transitional," including a psychological screening. Bartholomew said "it's vital to protect this child from any additional emotional harm."

3:03 pm - Bartholomew said the parents should be held in contempt of court for not producing documents that show Rifqa is in the U.S. legally. The Bary family emigrated from Sri Lanka when she was much younger. "We don't need to move her just for the sake of moving her."

3:05 pm - Attorney Shayan Elahi said the parents have provided all the documents they have.

3:06 pm - Judge Daniel Dawson said he is concerned that months into this matter, this issue has not yet been resolved. "They have been trying to hold my clients in contempt for months, argued Elahi, calling the GAO 'abrasive.' " Dawson said he doesn't care about the motives of the GAO, but wants the papers turned over to the court.

3:09 pm - Judge Dawson plans to enforce his order for the passport and related papers, even if the case is moved to Ohio.

3:10 pm - "We still don't have a complete copy of (Rifqa's) passport," said Bartholomew. "I am very alarmed that it hasn' been provided," she added. She said she has learned there are more documents being withheld.

3:18 pm - Attorneys are talking about arrangements for a psychological evaluation and counseling. She is to see a local psychologist on Friday morning.

3:21 pm - Elahi said he suspects "a ploy" by Rifqa's legal representatives to delay her moving back home to Franklin County, Ohio.

3:22 pm - Stemberger suggested that Ohio court be told about the local psychologist, to ease their concerns that she is getting the best of care.

3:23 pm - Judge Dawson asked Ohio officials if they can schedule her evaluation soon after her arrival there. They say it could be done within 30 days. Her parents would also undergo evaluations.

3:25 pm - A report could be delivered within a couple of weeks, they said.

3:27 pm - Rifqa has been looking down for most of the hearing, writing into a tablet. She is paying attention to the comments being made in court.

3:29 pm - Dawson: The court is going to agree with Ohio that they have jurisdiction. Florida retains emergency jurisdiction.

3:35 pm - DCF said Rifqa will be escorted back to Ohio and turned over to Franklin County Children's Servies.

3:36 pm - Stemberger said it's important that her legal status be settled quickly. He said her parents have threatened to have her sent back to Sri Lanka "where mercy killings are practiced."

3:37 pm - Attorney Roger Weedem, who represents Rifqa's mother here, said Ohio is capable of handling immigration issues.

3:38 pm - Judge Dawson said he still concerned about this issue. "The court would feel lot better if these documents were here, before it gives up jurisdiction."

3:39 pm - Bartholomew said Rifqa Bary runs the risk of deportation, if takes public transportation anywhere in this country.

3:40 pm - Elahi is getting argumentative with the judge who insists on getting the immigration paperwork. "You and your client didn't supply it. I want it before this child leaves Florida," said Dawson.

3:41 pm - Elahi is accusing Rifqa's attorney is "religious predatory practices" and might take her someplace into hiding.

3:42 pm - Dawson said it is the parents' fault for not getting the immigration documentation. He doesn't plan to release her until he sees it.

3:46 pm - Ohio attorneys for Bary's parents are arguing for her quick transfer there. Ohio Judge Gill said she agreed with Judge Dawson that immigration papers need to be provided immediately, before the teen is sent back to Ohio.

3:54 pm - Bartholomew said she has received copies of only two pages of Rifqa's mother's passport. She wants the entire document.

3:55 pm - Dawson said he is troubled that the parents seem not to know what the court demands.

3:57 pm - Dawson set an administrative hearing on October 23rd. He wants to know by then that the immigration papers have been supplied, as he ordered in each of the three hearings he had held for the teenager's status. Source.


Fernando said...

«Dawson set an administrative hearing on October 23rd. He wants to know by then that the immigration papers have been supplied, as he ordered in each of the three hearings he had held for the teenager's status»...

taqqiya my friend, taqqiya...

Radical Moderate said...

Well it looks like this is it people. Rifqa Berry has at least one more week to live. She could be on a bus back to Ohio by Friday the 23rd, she could be dead as early as the 25th of October.

I have a feeling this is going to play out a few ways.

1. Since her parents are un willing to hand over her imigration status. When she is taken back to Ohio teh department of imigration will recieve a anonomys tip and she will be handed over to their custody to be deported to Sara Lanka. We will never hear from her again.

2.She his handed back to her parents in Ohio, she will be drugged and then disapeer into a private plane to head back to Sara Lanka to never be heard again.

minoria said...


I have just read in jihadwatch that the judge has set 2 conditions before Rifqa is sent to Ohio.One is her parents have to give him documents proving they are in the US legally.In fact he has been asking for it for 3 MONTHS.Yet their lawyer can't comply.

I think that is what is going to save her.Why haven't they done it?After all,aren't THEY law-abiding citizens?Read it guys.I have a feeling they are illegal and she would be able to stay in Florida till 18.Read the article in jihadwatch,Fat Man,there is hope.

minoria said...

Also read more about in atlasshrugs.com.The key thing is the immigration papers of the parents.It seems Judge Dawson of Florida has found a way to save Rifqa.

It is obvious her parents have NOT shown their papers because they are ILLEGAL.They have also commited another crime,which is selling jewelry WITHOUT a LEGAL LICENCE.That is how they made money.The thing could drag.

It shows her parents can NOT be trusted to tell the truth.

Again the judge has put as one of the conditions that her parents show their legal status in the US before she is returned to Ohio.


Then all the family will be detained and deported but Rifqa can apply for refugee status in the US or try Canada or another country.

minoria said...

Also read more about in atlasshrugs.com.The key thing is the immigration papers of the parents.It seems Judge Dawson of Florida has found a way to save Rifqa.

It is obvious her parents have NOT shown their papers because they are ILLEGAL.They have also commited another crime,which is selling jewelry WITHOUT a LEGAL LICENCE.That is how they made money.The thing could drag.

It shows her parents can NOT be trusted to tell the truth.

Again the judge has put as one of the conditions that her parents show their legal status in the US before she is returned to Ohio.


Then all the family will be detained and deported but Rifqa can apply for refugee status in the US or try Canada or another country.

Fernando said...

Yes brother minoria... thats the reason for mie first post in this thread... Rifqa's parents habe been sayin they're legal in the USA, butt they've not given the papers to prove thate, even though the judge asked it for 3 times... taqqiya my friend, taqqiya: saying they're legal when they (most certenly) are not...

Radical Moderate said...

Actualy I think the reason they dont want to give up the papers is becasue they want the Federal government to latter help them in their murder. If they can the departement of imigration envolved when Rifqa is moved to Ohio then they can get her deported.

minoria said...

In fact Fernando,I dont know if you know this,but the evidence shows the family was WELL-OFF BEFORE coming to the US.


If they were very poor,it is a mitigating thing for staying illegally.But since her father had money then to break a country's laws like that shows her father to be...a bad Muslim.

It shows he has little conscience.How can you trust him about treating Rifqa well?And the mother just does anything her husband says.


OBAMA refuses to let others see his original BIRTH CERTIFICATE.They say he was not really born in Hawai,but in Kenya.

If there is NOTHING to hide then why such a refusal?Would ANY of us here act in such an irrational and childish way?

Fernando said...
This comment has been removed by the author.
IslamSINS said...

Muslims can unashamedly lie, as they adhere to Mohammed, the prophet of Islam, who was quoted as saying “War is a deception.” The Allah of Islam is described in the Quran as “the best of deceivers.” Surah 8:30

Narated Ali: I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for who-ever kills them shall have reward on the Day of Resurrection." Bukhari 6491, Volume 9, Book of Apostates

According to the authoritative Arabic text, Al-Taqiyya Fi Al-Islam: "Taqiyya is of fundamental importance in Islam. Practically every Islamic sect agrees to it and practices it. We can go so far as to say that the practice of taqiyya is mainstream in Islam, and that those few sects not practicing it diverge from the mainstream ..."

"Good Muslims" are called to be bad in every way. There is no concept of morality in Islam, beyond that which benefits the ummah. Muhammad sanctioned lying to friends, family, and enemies. To whom is a Muslim obligated to tell the truth? None. Most of all, they lie to themselves all day, every day, five times a day, and all times in the interlude of the salat.

Rifqa is probably "dead meat" if her parents can get their hands on her. Pray for her. Without ceasing.

Fernando said...

Brother minoria saide: JUST LIKE OBAMA...

I say: and his gradmother who claimed firmelly she was a Chrsitian before the US elections and then assumed as a long-liffe muslim... it seemas like all people in her village was paiued to keep teh story badly told...

minoria said...

Hello Islamsins:

I agree that for the Muslims who accept the hadith to kill an apostate is CRYSTAL-CLEAR.Why?


Many of them in the West hold that in the hadiths of BUKHARI and MUSLIM Mohammed was ONLY referring to the 10 year war with the Meccans.That THEN to change religion was to go to the Meccan side.It was the same thing as TREASON.

The say:"You are taking it out of context."


Now when you know the hadith just given by you here,from BUKHARI,where MOHAMMED says to kill the APOSTATES of the FUTURE,you see he was making a UNIVERSAL RULE.

That is why none of the Muslims who participate here have condemned it.Again,that shows that "no compulsion in religion" is:


And yes,we must pray alot for Rifqa and all others in her place.


In Islam there is a great fear of HELL.In JUDAISM there is no hell,HINDUISM and BUDDHISM have reencarnation,and CHRISTIANITY offers Jesus as saviour for us.

So alot of Muslims approve of it because if apostates are allowed to live,then others will follow and soon alot of people will go to hell.

ubiquitouserendipity said...

early breaking news***
posted by an astute mind and keen eye on pamela geller's monster blog:


Posted by: MDr | Thursday, October 15, 2009 at 12:19 AM


i have to confess to having been a little slipshod. i read only the sec. 1255a petition for amnesty carefully, and just glanced at the sec. 1101(a)(44)A application for an entrance visa. it never occurred to me that mr. bary would swear out materially contradictory factual assertions upon the face of two applications to the u.s. citizenship and immigration service, but that is precisely what he did.

he appears to have committed perjury, plain and simple.

well, he has sworn entirely contradictory things in the two applications to the u.s. citizenship and immigration service.

in vermont. he swore under 8 u.s.c. sec. 1101(a)(44)a , 8 c.f.r. [consolidated federal registary] sec. 214.2(l)(1)(ii)
in an application for temporary entry into the united states that in the three years preceeding his application for an entry visa, that he has maintained a period of continuous residence outside the united states for at least one continuous year. he did this to get a "key man" visa so that he could come into the united states and help his employer, a "bary" entity, perform a necessary and vital business function. this was dismissed in 2006.

in ohio. he swore under 8 u.s.c. [united states code] sec. 1255a, in an amnesty application, that he had resided continuously inside the united states since on or before january 1, 1982 and that he operated and owned the "bary" entity up to and including the time of his application for amnesty before the u.s. citizenship and immigration service. this was dismissed in 2008.

he could not have resided outside the united states for a one year period during the same period he had alleged to be residing continuously inside the united states, during the same period of time, e.g., since january 1, 1982 (the sec. 1255a petition) if in a period before 2006 he had resided continuously outside the united states.

it is a factual impossibility, but he maintained these facts as necessary elements to file his applications under the differing statutes, one governing the issuance of an entrance visa, the other governing the granting of amnesty for continuous illegal presence.

he therefore committed perjury. he lied under oath, alleging factually contradictory situations. he cannot have been continuosly outside the united states before 2006 because he had alleged he was continuously inside the u.s. from january 1, 1982 until dismissal of his amnesty application in 2008.

that's where the perjury comes in. these are materially necessary elements to prove to obtain the seperate reliefs he sought, and to misallege them under oath is perjury. straightforward thing, really.

john end quoted post

so,,, it appears that not only is this mr. mohammed bary a liar,,, he's also a,,, yep, you guessed it, a liar. not only is he a liar, and a liar, it appears that he also may well be a perjurer, having made two statements of fact on two separate immigration applications: one for an entrance visa, and the other for amnesty as an immigrant, which clearly contradict each other. interestingly, we know that mohammed followers live and operate and function to their level in a constant state of cognitive dissonance and denial. shucks, history and facts don't faze their inculcation into bedouin ignorance.

also, it appears that mr. mohammed bary entered the usofa illegally through mexico.

i have to believe that there is hope for young rifqa's life. praise your blessed Name Jesus, continue to be with our sister, and working in the hearts and minds of those who would ignorantly oppose this child's cry for freedom. and Lord, bless rifqa's father and mother Lord, that they may come to know You, the One True and Living G_d. touch their hearts Lord, and open their eyes and ears. in the beautiful Name of Jesus, amen

ubiquitouserendipity said...


i attributed the post to the wrong person. here is the attribution for the correct poster:

Posted by: jj | Thursday, October 15, 2009 at 12:46 AM

Father, bless and keep safe rifqa our sister. in Jesus' precious name, amen

minoria said...

Yes,all the evidence,for example,that given at atlasshrugs.com,shows the family is illegal.

So again,the point is credibility,since several times Rifqa's father has been lacking honesty,how can you trust HIM over Rifqa?They say CONTRADICTORY things.Rifqa says her father threatened to kill her and that he is a RADICAL MUSLIM.

She must know,she must have heard him say the usual about Sharia law is the best,Israel should be destroyed,everybody should be Muslim and Sharia law should rule the world.

We must pray she gets her asylum,if it comes to that.

ubiquitouserendipity said...

everyday after i get up i search the web for word of rifqa. i pray she is well, and that there is safety and peace for her life. G_d bless and keep you young sister rifqa. we all know that you only want to be free. with love...

my hope is that she will have already applied for asylum, or soon will. her parents are obviously illegal, and perjuriously so. maybe, prayerfully, the system will work for her. 9 months may seem like a lifetime to a 17 year old, but hopefully, she reaches legal adulthood, and her parents are no more a factor.

people around the world are praying for you rifqa. may you rest in Jesus young sister. Peace, in His love, papajoe