PRESIDENT BARACK OBAMA'S ELECTION: ESCALATION OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED CRUELTY AGAINST NON-WHITE AND JEWS - CASES IN MASSACHUSETTS
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DISCRIMINATION, XENOPHOBIA AND RELATED CRUELTY AGAINST NON-WHITE AND
JEWS - CASES IN MASSACHUSETTS
June 19, 2009
There are several incidents of racism, racial discrimination,
xenophobia and related cruelty directed on these communities.
Particularly, prior to the election of President Barack Obama, the
Ofumes (7 children - 3 born in Nigeria, 3 born in Canada and 1 born in
the United States and two parents born in Nigeria) were counting
between one and three acts of political persecution, racism, racial
discrimination, xenophobia and related cruelty per month but after the
election and worst after swearing in ceremony, escalation occurred.
On January 7, 2009 for merely requesting ICE to correct its
deliberated mistake on Kleber's 1-94, he was arrested, detained and ex-
communcated. On March 10, 2009 Kleber Odimegwu Ofume (student at The
North Shore Community College, Lynn, MA) was deported to Nigeria where
his parents are facing treason and other political felony charges and
dumped in the street of Nigeria without care and record of process
leading to deportion.
On March 17, 2009 second child in the family was attacked and
sustained injuries including dislocated ankle, broken jaw, etc. In the
family's apartment, in addition to disconnected heat, partial hot
water and over 150 housing violations, cooking gas and complete hot
water were disconnected. As if these disconnections were not able to
kill the family, the Mayor of the City of Lynn has ordered
disconnection of COLD WATER to starve the family to death.
Publishers's question is whether this type of government has rights to
go to Asia, Africa, South America, etc to teach or advice on issues
relating to human rights, rule of law, etc.
The litigation posted below shows that US, Canada and Nigeria born
children and adults are denied medicaid and masshealth. Reason this
hate has escalated is because of highly groomed Bush's actors, racist
Secretary of Justice and Attorney-General of Massachusetts and failure
of Justice in the Courts.
This case is set down for first Motion Day which is in nature of trump
up Motion to Dismiss reliant on claimed computation of statutory
timeline. This Motion was manufactured by the court and state of Mass
to terminate the case and frustrate the petitioner.
_____________________________________________________________________________________
Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
COMMONWEALTH OF MASSACHUSETTS
THE SUPERIOR COURT DEPARTMENT - APPEALS
COUNTY OF ESSEX C.A. NO.
In the Appeal
of:
_____________________________________________________________________
1. OFUME, PHILLIP CHUKWUMA }
2. OFUME, MAUREEN NGOZI }
3. OFUME, KLEBER ODIMEGWU }
4. OFUME, KEYNES ONYERO }
5. OFUME, ISABELLE IFEOMA } Ofume Family, Appellant
6. OFUME, LYNDA LAFAYETTE } (Pro se & Forma Pauperis)
7. OFUME, BARNETT CHIDI }
8. OFUME, CHRISTIAN TOBECHUKWU }
9. GLORIA CHIYEM OFUME }
}
V.
}
COMMONWEALTH OF MASSACHUSETTS }
MASSHEALTH & MEDICAID
} MASSHEALTH & MEDICAID, Appellees
_____________________________________________________________________
BRIEF PROCEDURAL HISTORY
Date of Decision: January 30, 2009
Date Decision Mailed to Appellant: January 30, 2009
Date of Receipt of Decision: February 4, 2009
Date of Hearing: October 23, 2008
Mass Health & Medicaid: Appeal No. 0811384
Record Open to: 11/20/2008
Date of Appeal: August 11, 2008
Appearance (Appellant): Telephonically - Pro se
Representatives:
Appellant: Dr. Phillip Ofume for Ofume family
Mass Health & Medicaid : Ms. Vanessa William
Hearing Officer: Mr. Thom Goode
_____________________________________________________________________
ON APPEAL FROM THE DECISION OF THE HEARING OFFICER
OF THE COMMONWEALTH OF MASSACHUSETTS MASSHEALTH
&
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Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
MEDICAID APPEAL NO. 0811384
______________________________________________________________________
Pursuant to 130 CMR 501.010 (MassHealth General
Policies) Phillip Ofume and his family (Blacks) in the above mentioned
Board Hearing, hereby appeal the decision of the hearing Officer, Mr.
Thom Goode dated January 30, 2009 thus, without legal reason denied
MassHealth and Medicaid to Refugees, Stateless persons and Asylees
(hereinafter, “Ofume family”) lawfully admitted into the United States
and in part born in the United States and in the other part born in
Canada all of which have official US and Canadian Birth Certificates
and Social Security issued and assigned.
Firmly, Appellant assert that it has right and entitled to
complete MassHealth and Medicaid because of the reason following:
1. Jurisdictional fact
Before and after hearing, there was deliberate denial
of receipt of the verification of eligibility and further denial of
receipt of Appellan’s submissions of the complete package of proof of
eligibility and denial of MassHealth and Medicaid are grounds of the
appeal and that this Court has jurisdiction to review the decision
below.
Shortlist of proof of eligibility which Appellant
submitted to the Appellees before and after the hearing on October 23,
2008 and same which are also submissions made by other Refugees,
Stateless persons and Asylees that were granted MassHealth and
Medicaid are as follows:
(a) Filled and signed Eligibility Review Form -04/17-18/2008.
(b) Verified Supplemental copies.
(c) Verified copies of assigned social security (SS) numbers by the
Massachusetts Department of
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Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
Transitional Assistance (DTA) and one number of SS assigned to only
head of family by the Social Security Administration following the
consolidation of Appellant‘s Immigration (Asylum) with lead file No.
97-446-370 and another SS card issued on US born child of the family.
100% of the Appellant or Ofume family was not granted MassHealth and
Medicaid.
(d) US Immigration Officials on September 29, 2005 after the Ofume
family or Appellant has been interviewed and heard for over 12
hours.
(e) Large asylum immigration documents (24 pages) decisions of the
asylum officer after the Ofume family or Appellant has been
interviewed and heard for two days, October 5 & 6, 2005.
(f) United Nations Refugees Travel Documents and Passports.
(g) Certificates of adoption issued on the Appellant by the United
Nations High Commission for Refugees (UNHCR).
(h) 1-94 issued to all the members of the Ofume family excluding US
born.
(i) Appeal on biometric test pending before BIA (Virginia) already on
Masshealth file in Revere and Quincy Masshealth offices, October 2005
- April 2008.
(j.) Sweeping Decision of The Massachusetts Superior Court Department
(Lawrence). Appellee disrespected Order of The
Presiding Honourable Justice Diane M. Kottmyer which clearly states,
“Because immigration status determines the Plaintiff’s right to
benefits, the matter is remanded to the Department for a hearing as
soon as possible to determine immigration status and right to
benefits.” The order was ignored by the Appellee or in place the
Appellee conducted mock hearing without reviewing over 98.5% of the
Appellants/Plaintiffs’ evidences which show that “immigration status
determines right to benefits.” See subparagraph 1 (a - i) above.
k. US Birth Certificate and Social Security Card
l. Canadian Birth Certificates and Passports
etc.
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Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
2. Issue Worthy of Judicial Review and Public Interest
Whether Appellees erred by claiming or holding that political and
convention refugees and stateless person adopted by the UNHCR and
further adopted in the United States as asylees and interviewed and
heard for three days by Asylum Officer and Immigration Officials and
granted Credible Fear of Persecution or Torture have no right to
MassHealth and Medicaid in Massachusetts.
Whether Appellees erred by holding that US born person or child with
US Birth Certificate and Social Security has no right to MassHealth
and Medicaid in Massachusetts.
Whether Appellees erred by holding that Canadian born person or child
with Canadian Birth Certificate and Passports and officially admitted
in the United States has no right to MassHealth and Medicaid in
Massachusetts.
Whether the purported personal claim by the Appellee resulting to
denial is applicable in the cases of the Whites, Hispanics, Asians,
etc.
Whether is not mark of enormous error and burden in law and
jurisdiction that Appellee’s claim has offended MassHealth and
Medicaid eligibility rules particularly after exhausting the issue
raised above, Appellees claim that the Appellant did not meet the
requisites for any of the MassHealth programs and services.
3. Localization of the Major Fact
a. Appellant is a large family size make up of seven (7) children
and two (2) parents and resides in Lynn of Massachusetts. On, before ,
during and after the telephone hearing on October 23, 2008
Representatives for MassHealth or Medicaid particularly Ms. Vanessa
Williams claimed that they did not receive the exhibits listed in
paragraph 1 above. From time to time continued to send complete binder
of the exhibits mentioned in paragraph 1 above. Also several
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Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
times because of the heavy costs which the Appellant incurred as
result of sending these binders which they conspired to deny thus,
Representative for the Appellant, Dr. Phillip Chukwuma Ofume continued
to telephone Ms. Vanessa Williams to request for personal submission
in her office. Several times, she (Ms. Vanessa Williams) agreed to
wait for Dr. Ofume and time issued. But very shocking each time
issued Dr. Ofume honored Ms. Vanessa Williams’ appointment and in her
office her co-staff will advice Dr. Ofume that she was in the office
and that Dr. Ofume should wait and soon another staff will emerge to
inform Dr. Ofume to continue to wait and after Dr. Ofume has waited
for long time, another staff will show up and start interviewing Dr.
Ofume and took the documents listed in paragraph 1 above. This drill
was made several times and Appellees have heartlessly wasted several
hundreds of documents and this planned denial of receipt persisted.
b. The office of the Hearing Officer (Mr. Thom Goode) received the
complete binder and acknowledged receipt on phone.
c. The Appellant Dr. Phillip Ofume, Mrs. Maureen Ofume and seven
children are Political and Convention Refugees, Stateless Persons and
Prisoners of Conscience adopted by the United Nations High Commission
for Refugees (UNHCR) and Amnesty International.
d. Dr. Ofume is Presidential Candidate in Exile campaigning for
Nigeria’s Presidential Election 2007 and thereafter 2011 and the
majority of the cruelties against the Appellant spins around this mass
people mandate to Dr. Ofume (http://www.google.com/ search?hl=en&q=Dr.
+Phillip +Ofume+Political+ Manifesto).
e. The Appellant or Ofume family escaped the cruelties in Canada on
September 29, 2005 en route to Washington DC when the Canadian/
Nigerian governments and Nigeria’s oil/gas companies used Governor
Mitt Romney to force the family to land in Boston Logan Airport,
Massachusetts. Also see below.
f. At Boston Logan Airport on September 29, 2005 the family was
interviewed for over 12 hours by the US Immigration Officials and
they were granted asylum.
g. On October 5 and 6, 2005 the Appellant or Ofume family was
subjected to further lengthy interview before the US Asylum Officer
(New Jersey USA) and on October 7, 2005 the
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Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
Appellant was further granted asylum and with the certification of
CREDIBLE FEAR OF PERSECUTION OR TORTURE (24-page decision was issued
by the Asylum Officer) and Appellant was released.
4. Judicial Argument and Summary of Evidence
Appellant or Ofume family is, political and convention
refugees and stateless person adopted by the UNHCR ; in part born in
Canada; in part born in the United states; in part adopted in the
United States; asylees; interviewed and heard for three days
(September 29, 2005; October 5, 2005 and October 6, 2005) by US Asylum
Officer and Immigration Officials; granted Credible Fear of
Persecution or Torture (October 7, 2005 with 24-page decision); in
possession of official immigration documents originated from the
United Nations, US and Canadian; etc. Domestic and international
onlookers are shocked that Black Refugees with these documents have
no right to MassHealth and Medicaid in Massachusetts.
One of the best legal information is the Order of The
Presiding Honourable Justice Diane M. Kottmyer which clearly states,
“Because immigration status determines the Plaintiff’s right to
benefits, the matter is remanded to the Department for a hearing as
soon as possible to determine immigration status and right to
benefits.” The order was ignored by the Appellee or in place the
Appellee conducted mock hearing without reviewing over 98.5% of the
Appellant’s evidence which show that “immigration status determines
right to benefits.” See subparagraph 1 (a - l) above.
If the Appellant was denied then what category of applicant
for MassHealth and Medicaid in Massachusetts may be eligible? If the
applicant or Appellant with the official evidence listed above is
not eligible no other applicant would be eligible and if they are
eligible then the issue of discrimination will be raised during
disclosure and production of list and qualifications of the
applicants across race, color, nationality, etc.
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Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
The Appellant/Applicant is nine (9) people with combine
origin and status such as Canadian, US, Refugee and Stateless and
Asylees. Outcome of the application for MassHealth and Medicaid in
Massachusetts is questioned judicially in straight law and that the
people maybe non-Blacks but with the same origin and status and filed
similar application.
Public Interest will be at stake because combine origin and
status such as Canadian, US, Refugee and Stateless that were granted
stay or asylum in the US will question eligibility criteria.
The Public and this Court will be alarmed that Appellees
that are bona fide members of the MassHealth and Medicaid did not
review different eligibility criteria if the Appellant/Applicant was
eligible for any category of MassHealth and Medicaid program and
services to match the combine origin and status such as Canadian, US,
Refugee and Stateless and Asylees.
On eligibility criteria based on status and jurisdiction,
Appellant’s NOTICE OF FAIR HEARING led sheep to the river by citing
the Order of The Presiding Honourable Justice Diane M. Kottmyer
mentioned above. Paragraph 1 above presented visible, extensive and
specific evidences which well constituted board of fair hearing would
not ignore.
Appointment of the adjudicating representatives for the
MassHealth and Medicaid appears to be changing because the Appellant
arrived in the United states on September 29, 2005 and between Sept
29, 2005 and Appellant was provided with certain MassHealth and
Medicaid assistance but the shock is that the new representatives for
the MassHealth and Medicaid ignored all the official evidence
mentioned above and issued by the government of America and/or
terminated all program and services without reason to suppress the
decisions of the former adjudicating representatives.
This Court may review by remanding the question of racism, racial
discrimination, xenophobia,
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Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
cronyism, nepotism and related intolerance to The Honourable Secretary
of Justice and Attorney-General of Massachusetts because to deny 100%
of the application of the appellant claims this intolerance.
Relief
Therefore, reason of the foregoing, Appellant request the Court to
reverse the decision appealed and enter specific Order on the
Appellees to grant MassHealth and Medicaid same which have been
granted other similar applicant.
The Appellant demands further judgment against the defendants for
damages and such other
relief as this court deems just but NOT LESS THAN $50 million.
ISSUED at Lynn, Massachusetts, this 2nd day of March, 2009
______________________
Phillip C. Ofume, Ph.D. – Representative/Advocate for the Appellant,
Ofume Family
For: Dr. Phillip C. Ofume, and Mrs. Maureen N. Ofume
and seven children ,
33 Arlington Street, Suite 1
Lynn, Massachusetts 01902
E-mail: confi...@hotmail.com, global
aids_hivcur...@yahoo.co.uk
Websites “ Dr. Phillip Ofume”
TO:
Assistant Clerk of Court - Civil
Essex Superior Court
34 Federal Street
Salem, MA 01970
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Ofume family v. MASSHEALTH & MEDICAID APPEAL NO. 0811384
CERTIFICATE OF SERVICE
I, Dr. Phillip C. Ofume, Representative/Advocate for the Appellant or
co-Appellant hereby certify that I have served the foregoing
documents (,NOTICE OF APPEAL) upon the Appellee/Defendant, by mailing
a copy, first class, postage prepaid to:
Mr. Thom Goode
Board of Hearings
Office of Medicaid
2 Boylston Street,
Boston, MA 02116
Ms. Vanessa William
Office of Medicaid
REVERE OFFICE
300 Ocean Avenue
Revere MA 02151-3675
_____________________
Phillip C. Ofume, Ph.D. – Representative/Advocate for the Ofume
Family
9
RELEASED BY:
Phillip Ofume, Ph.D.
Chair, National & International Policy Research Council; Head, Law
Reform and Litigation and Security Policy Council; Candidate in Exile
- Nigeria's Presidential Election 2007; National Chair, Canadian
Sociology and Anthropology Association -Anti-Racism Committee (p)
.
Godson Etiebet, Ph.D.
Researcher, (Policy/Good Government) National and International
Policy Research Council Coordinator, Europe Section, Switzerland
Cynthia H. Taylor, Ph.D./Alh. (Dr.) Farruk Mohammad
Strategic Development Researchers - International Policy Research
Council, Middle East Project
Tan Ochollu, D.Lit.
Principal Researcher, (Strategic Development) National and
International Policy Research Council Director of Asia Project
Reid MacDonald, Ph.D.
Coordinator, North America Section
Kris Kifindi Bunkheti, Ph.D. - Sept 2007 - present continued to be
detained/imprisoned by the PM of Canada Stephen Harper
Researcher (Language/Culture), National and International Policy
Research Council York University (Department of History) Toronto,
Ontario Canada (p)
Jerome Tesfai, D. Min/Div
Principal Researcher, Policy and Practice in Government and Foreign
Interveners - Africa Project
Francois Bourgeois/Pierre Bushel
International Human Rights Watch and Democracy - St. Etienne, France
Send Comment to: Ihrwa4re...@hotmail.com for Europe Section
AFRICAN CANADIAN HUMAN RIGHTS ASSOCIATION (ACHRA);
NETLINK INTERNATIONAL COMMUNICATION SYSTEM (NLICS);
INTERNATIONAL CAMPAIGN FOR NIGERIAN PEOPLE'S LIBERATION AND
DEMOCRACY(ICN-PLD); OIL AND CHEMICAL WATCH INTERNATIONAL (OCWI);
AFRICAN CANADIAN IMMIGRANT SETTLEMENT ASSOCIATION (ACISA);
INTERNATIONAL NETWORK FOR PEACE AND DEVELOPMENT IN AFRIK (NIPAD).
Contact:
P. O. Box 25153 Halifax, Nova Scotia Canada B3M 4H4 Phone: (902)
832-3559 Fax: (902) 832-3558 E-mail:
federr...@hotmail.com,sis_mc...@hotmail.com for North/South
Americas ; Africa ; Middle East ; Asia ; Australia ; etc.
In the United States of America:
Dr. Phillip C. Ofume
c/o 33 Arlington Street, Suite 1
Lynn, Massachusetts USA 01902
Mobile: (617) 888 - 4205 (No Voice Message)
Tel. (617) 263- 8604 (Voice Message allowed)
Tel (781) 842-1225 (24-hr service)
Websites: "Dr. Phillip Ofume";
http://www.google.com/search?hl=en&q=Dr.+Phillip+Ofume+Political+Mani...
etc E-mail: globalaids_hivcureinteract...@yahoo.co.uk ,
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