[doctorzlo]

She's nobody's child. Orphaned at birth and losing her adoptive mother at eight was rough enough. But stateless at 17 after being disenfranchised and disowned by both her adopted country and the country of her birth -- how much more cruel can the world be, except of course to punish her with debilitating multiple sclerosis when she is fighting a pitiless legal system?


In a heart-breaking case that reveals the remorseless nature of governments, bureaucracies, and the judicial system, Kairi Abha Shepherd, now 30, who was adopted from Kolkata when she was only three months old by an American single mother from Utah, has been ordered to be deported to India, a country she has never lived in or visited.


Shorn of technicalities, the complicated case boils down to this: Kairi's mother Erlene, an American do-gooder who adopted 11 children from across the world, many of them with disabilities, did not complete the paperwork and other formalities that would have made the India-born child a US citizen, before she (the single mother) died of cancer when the adopted child was only eight.


Still, Kairi might have navigated the system with the help of her siblings and her mother's friends and come out unscathed. But at 17, she was arrested and convicted of felony check forgery to fuel a drug habit. That brought her under the shadow of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that allowed deportations of legal permanent residents convicted of non-violent crimes. In 2004, Kairi was convicted on forgery charges, a crime of ''moral turpitude'' that was covered under the 1996 Act for deportation even after she served a prison sentence.


Soon the bureaucracy, procedures, and technicalities took over. Kairi's lawyers produced a birth certificate, legal adoption papers, and documentation to show that she qualified for citizenship under the Child Citizenship Act of 2000 and won favourable rulings from an immigration judge. But government prosecutors returned to show that she missed qualifying for the Child Citizenship Act by a few months and appealed the immigration judge's ruling.


Earlier this month, Judge Scott Matheson of the 10th circuit court, in a 23-page decision, wrote the court simply didn't have jurisdiction over determining Shepherd's legal status, a ruling that virtually upheld the federal government's right to remove her from the country.


''She just fell between the cracks,'' Kairi's attorney Alan Smith, who is working pro-bono on the case, told TOI in an interview. ''In my 30 years of legal practice, I have never seen anything like this.''


Smith and a group of lawyers who have volunteered to represent Kairi are now conferring about appealing to the US Supreme Court in the 45-day window before US immigration officials begin deportation proceedings. Not that either process will be easy.


Immigration authorities must first determine whether the country of origin will admit the person being returned, and there is no word from New Delhi yet on that. Besides, Smith and his team are also petitioning authorities to hold her removal in abeyance in light of her medical condition.


''We want authorities to hold back deportation proceedings till we exhaust all legal avenues." Smith said. ''Our biggest fear is that she might find it hard to survive in India with her multiple sclerosis condition with no support.''


Currently incommunicado fearing imminent deportation, Kairi is in touch with her attorneys over phone and email. She's a global orphan.

[LottiFurmann]

Might be she is been harassed and tortured by authorities like this probably because she is not accepting to be a plaything in their hands, to satisfy their whims and fancy.

Too sad!!!!!

[Lillie_Steins]

Might be she is been harassed and tortured by authorities like this probably because she is not accepting to be a plaything in their hands, to satisfy their whims and fancy.

Too sad!!!!!

I agree that she ran faul of the "rule of law" of the land. The rule is inflexible, and they threw the book at her. Yes very sad, in every which way you see it. The US system of deporting legal immigrant caught in the system, to appear strong on illegal immigrant is misguided at best.

I do not condone her behavior, but she paid her price for the deed, she is being doubly punished, in addition to jail term she is being deported.

[Ifroham4]

There is no guarantee that india will give her citizen status. She too will not be interested in coming to india, an unknown land and culture for her. Even if she comes, she will be exploited depending which ngo offers to adopt her.

[Lt_Apple]

The govt apathy, rules and regulations, local people's acceptance, etc. apart, I have seen a few young women adopt children from orphanage and leave them in the care of aged in-laws. I have also seen Angelina Jolie carrying her adopted children on her hips and shoulders and on her boy-friends shoulders, and taking care of them. I am afraid in such cases we are short of those western characters.

[Drugmachine]

What a shame, how could once she was adopted legally, US can throw her out, there are so many murderers who get away, escaping the legal system with money they throw.. and this poor lady, just because she was arrested for a comparatively minor offense, is being harassed.. first of all it is the duty of a parent to provide her proper care and in this case this is the tragedy.. I sympathize with this child.. so sad..

[9mm_fan]

What a shame, how could once she was adopted legally, US can throw her out, there are so many murderers who get away, escaping the legal system with money they throw.. and this poor lady, just because she was arrested for a comparatively minor offense, is being harassed.. first of all it is the duty of a parent to provide her proper care and in this case this is the tragedy.. I sympathize with this child.. so sad..

Which parent? The biological parents died, the first adoptive mother died, the second mother too passed away before getting her paperwork done.

[Ifroham4]

Which parent? The biological parents died, the first adoptive mother died, the second mother too passed away before getting her paperwork done.

Until 17 years, where was this girl growing up.. how come the parent did not do anything for this child, it was her responsibility right.. or the other mother who took care of her later.. I am not talking about the biological parents who passed on.. IN any case, she is a child who fell through the cracks..

It was the responsibility of the adopted mother(s) ... What is the purpose of adoption if you are unable to provide the basics for the child that is all was my anguish....

[LottiFurmann]

Until 17 years, where was this girl growing up.. how come the parent did not do anything for this child, it was her responsibility right.. or the other mother who took care of her later.. I am not talking about the biological parents who passed on.. IN any case, she is a child who fell through the cracks..

It was the responsibility of the adopted mother(s) ... What is the purpose of adoption if you are unable to provide the basics for the child that is all was my anguish....

Very well said Shmt. Subhalakshmi,

What for the girl has been adopted??? To feed her mother by getting herself exploited?? That's all?? At least the mother who took care of her later can not do something good in return for the child??? If not, then how can she be called as a mother?? She can be nothing BUT like a irresponsible and mean partner in a business.

OR is that all her adopted mothers were too ignorant about the US immigration laws OR is that the girl was not willing to have the paper work done?? What's the reason??

The girl is so miss fortunate to have been subjected to irresponsibility and exploitation, right from her birth..

So sad!!!!!!

[9mm_fan]

Americans are usually very responsible when the adopt a child, i have seen many cases and know that they truly care for the child as much as they do for their own.. but at the same time, in this case, the both the mothers were victims of bad times looks like and this woman/child got the wrong end of the deal.. it is irony when I see many children who are adopted have much better lives.. how did this one fall off grace.. just kismet or karma. or her luck paavaam.. i do feel bad for her.. I know first hand what it is to be an adopted child because I was adopted not once but twice by two different families and i had no papers or anything, but again in India anything goes.. I don't have anything from anyone, but i had lot of affection from both my dads and moms.. so I was a very lucky girl :-) more later on that...

[radikal]

...I know first hand what it is to be an adopted child because I was adopted not once but twice by two different families and i had no papers or anything, but again in India anything goes.. I don't have anything from anyone, but i had lot of affection from both my dads and moms.. so I was a very lucky girl :-) more later on that...

Shmt.Subhalakshmi,

If you can feel comfortable, please share with us. To be frank, I am eagerly waiting for your narration. Not to have "Ooru Vambu" BUT to understand more about human life and what all happens in this world.

I know there exists Good and Bad. It is my wish to get to know about all.

[radikal]

Shmt.Subhalakshmi,

If you can feel comfortable, please share with us. To be frank, I am eagerly waiting for your narration. Not to have "Ooru Vambu" BUT to understand more about human life and what all happens in this world.

I know there exists Good and Bad. It is my wish to get to know about all.

No problem at all.. It was not a secret in Madras when I was growing up that I was adopted by Sri. D. L. Narayana a film producer of Devadas fame.. he made a lot of money and was a huge success, he was a telugu brahmin and adopted me from a family friend where my mother was a tamil iyer and father a telugu brahmin, their misfortune and also very bad marriage led to this.. My nana D.L. N. told my own mother when she was pregnant, whether it was a boy or a girl, he would take care of that child since he and his wife did not have children.. so here I was three months in their house.. as I was growing up I grew up like a princess.. but his wife my first adopted mom had a slight mental problem, she did no harm but for some shock in her younger days she became like that.. she was a excellent cook and a good person overall.. but was not able to take full care of me, so my own mother and also another person who came to be in the movies to act and sing joined the household.. he is till this day my brother.. :-) now Opposite side were a family who were palakkad iyers and he was P.A. Sundaram who became a director in GEC.. :-) now his daughter my Jaya akka took fancy to me and I started coming their house.. slowly and slowly I was comfortable living in both houses.. and I was around 4 I think, My daddy (mr. Sundaram) said to my Nana, since you go away for shooting and Mrs. Nancharamma is unable to care, why can't I take over her education and let her stay in my house during week days and she will be with you guys saturday and sunday.. so this arrangement was made since my nana ever loving man thought that was the best for me.. and agreed.. so this continued for a long time.. when I would go out with nana to all the filmy functions people were quite taken to me because of my color and I also got quite a few offers to act.. and I was quite comfortable speaking telugu and once I am in Daddy's house I spoke total Palakkad Iyer tamil.. the years rolled by and Dad and my uncle ( his brother P.A. Viswanathan ) got a chance to go ahead in their career so had to go to calcutta, Daddy was so dismayed that I may not go with them.. and he begged Nana to let me go with them.. Nana of course first refused... but all Daddy's brothers and convinced Nana to let me join them in Calcutta, so I went to calcutta in 1969 to live with Daddy's family totally.. but again, I came to Madras now and then and stayed in nana's house.. I was in college when Nana died of a massive heart attack and almost without much money, his wife my amma went away to Vijayawada where there was home built for her.. (1974) right that year I got married. to a palakkad iyer.. and later migrated to US in 1979.. now all the property of Nana's was sort of confiscated by his wife's sister's son and Daddy's brother's son is the heir to his estates.. My Jaya akka died of cancer in 1980.. she was the nicest soul every lived.. Daddy died in 1991 and uncle died about two years ago, my amma (mrs. sundaram ) lives with her adopted son.. (he lived with them right from the beginning) because of his some stupid misunderstanding, I don't even go to their house which was like my porandaam.. but I visit my brother raju's house.. that is the only place I know now.. but I have a lot of friends and some family who are very close to me.. but I have no regrets, what I got from all was the love and affection and nobody would have been more luckier than me.. My dads were my pillars in life and they shaped me to be who I am today.. this is the brief story of my adoption. :-) some would argue, in fact, my own sister asked me to claim Nana's property, but I was not there in the picture for a long time and what right do I have, I don't want anything that is not mine.. I don't want anybody's ill will towards me which in turn will affect my children.. and they are my world.. so it is better that I don't fight for anything, I have never been greedy or needy in my life, I am not changing now.. :-)

[Raj_Copi_Jin]

Shmt.Subhalakshmi,
Beautiful narration. Thanks for sharing.

[PhillipHer]

In a heart-breaking case that reveals the remorseless nature of governments, bureaucracies, and the judicial system, Kairi Abha Shepherd, now 30, who was adopted from Kolkata when she was only three months old by an American single mother from Utah, has been ordered to be deported to India, a country she has never lived in or visited.



Immigration authorities must first determine whether the country of origin will admit the person being returned, and there is no word from New Delhi yet on that. Besides, Smith and his team are also petitioning authorities to hold her removal in abeyance in light of her medical condition.



Currently incommunicado fearing imminent deportation, Kairi is in touch with her attorneys over phone and email. She's a global orphan.

It is really sad that this woman finds herself in this situation. Some of it is her own making. But the law is the law unless the lawyers can find technical errors in the proceedings. It is strange that the entire State Department will go to bat for the blind activist from China and get him into the US to the irritation of the Chinese government. Sure it was a high-profile drama for the US. In this case this Kairi does not present any advantage to the US government. So she is left to hang dry. Now, India cannot refuse to accept her. She was born there and there is a birth certificate to prove it. But that is no reason for the Immigration department to deport her for such a minor crime. I hope the pro bono lawyers are successful in appealing to the Supreme Court and win.

[9mm_fan]

No problem at all.. It was not a secret in Madras when I was growing up that I was adopted by Sri. D. L. Narayana a film producer of Devadas fame.. he made a lot of money and was a huge success, he was a telugu brahmin and adopted me from a family friend where my mother was a tamil iyer and father a telugu brahmin, their misfortune and also very bad marriage led to this.. My nana D.L. N. told my own mother when she was pregnant, whether it was a boy or a girl, he would take care of that child since he and his wife did not have children.. so here I was three months in their house.. as I was growing up I grew up like a princess.. but his wife my first adopted mom had a slight mental problem, she did no harm but for some shock in her younger days she became like that.. she was a excellent cook and a good person overall.. but was not able to take full care of me, so my own mother and also another person who came to be in the movies to act and sing joined the household.. he is till this day my brother.. :-) now Opposite side were a family who were palakkad iyers and he was P.A. Sundaram who became a director in GEC.. :-) now his daughter my Jaya akka took fancy to me and I started coming their house.. slowly and slowly I was comfortable living in both houses.. and I was around 4 I think, My daddy (mr. Sundaram) said to my Nana, since you go away for shooting and Mrs. Nancharamma is unable to care, why can't I take over her education and let her stay in my house during week days and she will be with you guys saturday and sunday.. so this arrangement was made since my nana ever loving man thought that was the best for me.. and agreed.. so this continued for a long time.. when I would go out with nana to all the filmy functions people were quite taken to me because of my color and I also got quite a few offers to act.. and I was quite comfortable speaking telugu and once I am in Daddy's house I spoke total Palakkad Iyer tamil.. the years rolled by and Dad and my uncle ( his brother P.A. Viswanathan ) got a chance to go ahead in their career so had to go to calcutta, Daddy was so dismayed that I may not go with them.. and he begged Nana to let me go with them.. Nana of course first refused... but all Daddy's brothers and convinced Nana to let me join them in Calcutta, so I went to calcutta in 1969 to live with Daddy's family totally.. but again, I came to Madras now and then and stayed in nana's house.. I was in college when Nana died of a massive heart attack and almost without much money, his wife my amma went away to Vijayawada where there was home built for her.. (1974) right that year I got married. to a palakkad iyer.. and later migrated to US in 1979.. now all the property of Nana's was sort of confiscated by his wife's sister's son and Daddy's brother's son is the heir to his estates.. My Jaya akka died of cancer in 1980.. she was the nicest soul every lived.. Daddy died in 1991 and uncle died about two years ago, my amma (mrs. sundaram ) lives with her adopted son.. (he lived with them right from the beginning) because of his some stupid misunderstanding, I don't even go to their house which was like my porandaam.. but I visit my brother raju's house.. that is the only place I know now.. but I have a lot of friends and some family who are very close to me.. but I have no regrets, what I got from all was the love and affection and nobody would have been more luckier than me.. My dads were my pillars in life and they shaped me to be who I am today.. this is the brief story of my adoption. :-) some would argue, in fact, my own sister asked me to claim Nana's property, but I was not there in the picture for a long time and what right do I have, I don't want anything that is not mine.. I don't want anybody's ill will towards me which in turn will affect my children.. and they are my world.. so it is better that I don't fight for anything, I have never been greedy or needy in my life, I am not changing now.. :-)

Thanks a lot for your detailed narration Shmt.Subhalakshmi. Yes!!! Indeed you are very lucky and am happy for that.

The part of the quote that I have highlighted above, has touched my heart!!!. I share the same opinion.

"To be happy with what we have as our own and not to be happy with what we could grab from others"