Legal Crap - Participants
Contact
Patrick Fox
Torrance, CA     90503
fox@patrickfox.org

Marie Dextraze - Operations Officer, Global Affairs Canada

At time of involvement:
Canadian Consular Officer
550 S Hope St, 9th Floor
Los Angeles, CA 90071
Tel: 213-346-2700
Salary: TBD

Marie Dextraze was a Consular Officer with the Canadian Consulate in Los Angeles, while I was in ICE custody in 2008 through 2011.

Dextraze Issued ICE A Travel Document for My Deportation to Canada Without Ever Speaking with Me or Verifying My Identity

On 2009-12-30, Dextraze issued ICE a "removal letter" for my deportation to Canada Removal Letter, 2009-12-30.

That letter was issued for my removal even though no one from Global Affairs Canada (GAC) nor IRCC had ever spoken with me. They had never done anything to verify whether or not I was actually the person ICE was claiming I was.

And as you can see from the accompanying internal correspondence, ICE, not me, had provided them a copy of Ricky Riess's birth certificate case notes, 2009-12-30, 2009-12-31. You may also notice, according to those internal case notes, the removal letter was issued on the same day the request was received from ICE. There was absolutely nothing done by the Canadian authorities to verify whether I was actually the person who was born Ricky Riess in Sudbury, Canada. They simply accepted everything ICE told them.

At the time the removal letter was issued, my removal order was still on appeal before the Ninth Circuit, so ICE was barred from actually removing me until that appeal was completed. Why they requested the removal letter knowing they could not, legally, remove me until the appeal was completed I have no idea.

My Interactions with Dextraze

Dextraze Initiates Contact with Me

On 2010-06-30, Dextraze sent me a letter while I was being detained in the Maricopa County Jail Letter from Dextraze, 2010-06-30. I had never heard of her and had no idea why she would be contacting me. In her letter she made no reference to me being a Canadian citizen and did not ask me whether I was. She did not give any indication of why she was contacting me or how she came to know I was in MCSO custody.

I wrote her back, asking how she came to know I was in MCSO custody. I did not make any reference to my citizenship Letter to Dextraze, 2010-07-08. I figured if the Canadian authorities believed I was a Canadian citizen and would allow me to be deported to Canada based on that belief then I might be able to use that to get out of ICE custody. I decided, if they asked me about my citizenship, I would tell them I'm not a Canadian citizen; but if they didn't ask, I wouldn't bring it up.

On 2010-08-12, Dextraze wrote me back, explaining that ICE had requested a travel document in December 2009 but then subsequently informed her I had been transferred to the MCSO Letter from Dextraze, 2010-08-12.

On 2010-08-20, I wrote Dextraze back, politely and ambiguously letting her know I would keep her information available in the event I am ever in need of assistance Letter to Dextraze, 2010-08-20. You know, declining current assistance but keeping the options open for the future. Dextraze did not respond further.

I Tell Dextraze I Am Not Making A Claim of Canadian Citizenship

Over the next few months I decided it would probably be better to not let the Canadian authorities proceed based on their false assumptions because they might claim I deliberately mislead them and I might find myself being prosecuted in Canada because they made and acted on false assumptions.

So, on 2010-11-29, I sent Dextraze another letter, very clearly stating I am not making any claim of being a Canadian citizen or of being born in Canada Letter to Dextraze, 2010-11-29.

I very expressly did not make any claim of being or not being a Canadian citizen or of where I was born; I only stated I was not making a claim of being a Canadian citizen or being born in Canada.

I explained that the reason I was telling her this is that I didn't want to run into potential legal complications in Canada should the Canadian authorities allow me to be deported there.

Dextraze Becomes Hostile, Insists I Am A Canadian Citizen

And then the most insane thing happened.

Dextraze sent me a response. Her tone was now totally different. She was no longer being overly polite, formal, or accommodating. She now seemed almost hostile.

It's as though she was greatly offended that I would suggest I am not a Canadian citizen and have no interest in being a Canadian citizen. Or that I would suggest the Canadian authorities might possibly be incorrect about something Letter from Dextraze, 2010-12-17.

I suspect what happened was when she received my letter stating I am not making a claim of being a Canadian citizen she read it as "I am not a Canadian citizen". Even though saying "I am not making a claim of being a Canadian citizen" is totally, totally different than saying "I am not a Canadian citizen". But you know, chicks always do that shit, they take whatever you say and turn it into the most extreme version of something negative. Like if a woman offers you something to eat and you say, "No thanks. I just ate. I'm not hungry." What they hear is "Fuck no! Your food is gross!"

I suspect at that moment, Dextraze and others within the Canadian Consulate may have realized they screwed up by blindly accepting what ICE was claiming, and issued a travel document for a person who wasn't a Canadian citizen without doing anything to verify whether the person was actually a Canadian citizen.

But unfortunately, Canadian authorities never acknowledge they made a mistake or did anything wrong. Instead, they do everything they can to make it seem like you are the one who did something wrong and they were victims.

The US Has Already Determined You Are A Canadian Citizen...

In that 2010-12-17 letter, Dextraze said "...the US has already determined you are a Canadian citizen...".

Let's consider that for a second. The US, not Canada, has already determined I am a Canadian citizen. The Canadian authorities are deferring to a foreign country to decide who is, or isn't, a Canadian citizen!

The Canadian Consulate and IRCC did not ask the US authorities on what they based that determination. The Canadian authorities did not do any verification of their own. They just accepted what the US authorities told them.

So the Canadian authorities responsible for immigration and citizenship literally allowed a foreign government to determine who is, or isn't, a Canadian citizen.

...Which Has Been Confirmed By Our Office...

In that same letter, Dextraze goes on to say, "...which has been confirmed by our office when we issued travel documents in your name for your return to Canada" Letter from Dextraze, 2010-12-17.

Now, given that the request, by ICE, for a travel document was received by the Consulate on 2009-12-30 and the travel document was issued that same day Case Notes, 2009-12-30, it would seem fairly impossible for the Canadian authorities to have performed any investigation into my identity or whether I was the person named on the passport.

So it would seem, what Dextraze is saying isn't that her office confirmed I was a Canadian citizen then issued the travel document; but rather she is saying the fact that they issued the travel document confirmed (or proved) I was a Canadian citizen.

You might be thinking, "But wait! That's idiotic. The erroneous issuing of a travel document does not magically cause a person to become a Canadian citizen and certainly does not cause their place of birth to miraculously change to whatever is stated on that erroneously issued travel document." A travel document is supposed to be based on reality, but in the idiotic minds of the people who work in the Canadian authorities, reality is based on whatever is stated in the travel document.

Dextraze is, literally, saying: "A travel document was not issued because you're a Canadian citizen; you're a Canadian citizen because a travel document was issued".

And that is what it is to deal with the imbeciles who make up the Canadian authorities. That is the moronic mentality I have had to deal with since 2009.

Dextraze then said in her letter, "Upon your release from state custody, you will be transferred to the custody of Immigration and Customs Enforcement (ICE) to undergo immigration proceedings" Letter from Dextraze, 2010-12-17. Uh, no! I've already gone through the entire removal proceedings and their appeals. The proceedings are done. But now things are starting to make sense - Dextraze is an NPC, blindly and unquestioningly performing the very narrow sequence of steps she was trained (or programmed) to do, while ignoring any inputs and variables who's values are outside the bounds of what she's been programmed to consider "normal".

No Documentary Evidence of Your Canadian Citizenship

Then later, in that same letter, Dextraze says "A verification of your file indicates that we have not yet received documentary evidence of your Canadian Citizenship..." Letter from Dextraze, 2010-12-17.

But above, she had said the US had already determined I am a Canadian citizen, and that that was confirmed by her office when they issued the travel document. So she's now saying that travel document was issued without there being any documentary evidence of my Canadian citizenship!

I strongly believe this is the reason for her sudden change in tone. The Canadian authorities wrongly assumed I actually was a Canadian citizen and previously issued a travel document based on that. The issuance of that travel document without first verifying the person actually is a Canadian citizen is a major, major fuck up.

Failure to Immediately Submit Proof of Canadian Citizenship Will Result in Significant Delays

Dextraze then said "I would be grateful if you could send me your original birth certificate ... within the briefest delay." And, "Failure to do so will result in significant delays in the issuance of the travel document and increase the amount of time spent in ICE custody" Letter from Dextraze, 2010-12-17.

The way she phrased that, "...will result in significant delays..." certainly makes it seem like she's urging me to forward her a Canadian birth certificate - that is, proof of Canadian citizenship - as soon as possible. Why? My guess is that when she received my letter stating I am not making a claim of being a Canadian citizen, the folks at the consulate realized I might not be Ricky Riess from Sudbury, Canada, and I might not be a Canadian citizen. But they'd already issued a travel document for me, and without doing anything to verify my eligibility for that travel document. They realized they screwed up. And in the usual manner of Canadian government officials, when they screw up they do everything they can to make it seem like you are the one that screwed up.

And that was my initial interaction with Dextraze. After receiving that letter from her where she stated the US has already determined I am a Canadian citizen, I didn't see the point in engaging any further. She seemed quite convinced I was a Canadian citizen and I had clearly stated I am not claiming to be. So if Canada allowed me to be deported there then there is no way they can claim I mislead them. And if getting deported to Canada without having to either claim to be a Canadian citizen or not being a US citizen, will get me out of custody and back to my son sooner then great.

On 2011-02-23, all the charges in that Maricopa County case were withdrawn by the prosecutor (i.e. they dropped all the charges after holding me in custody and fighting them for 13 months), and on the next day I was returned to ICE custody and the Eloy Detention Center (EDC).

I Provide Dextraze An Application for An Emergency Travel Document; She Refuses to Respond

Shortly after getting back to EDC, my new Deportation Officer Michael Leal, brought me a Canadian passport application for me to fill out with Ricky Riess's information, so he could use that to deport me.

I provided him the mostly completed application Passport Application filled in by me, 2011-03-01 along with a letter explaining the parts I couldn't fill out Letter to Leal, 2011-03-01.

I then forwarded a copy of that letter, along with a copy of the passport application, to Dextraze with a letter explaining that I was doing so becuase I've had issues in the past with ICE forging the documents I had provided them Letter to Dextraze, 2011-03-01.

Neither Dextraze, nor anyone else from any Canadian authority responded.

ICE Refused to Submit the Application to the Canadian Consulate

There doesn't seem to be any record of Leal forwarding the application form I provided him, to the consulate. There is no case note in their system mentioning it.

However, there IS a Canadian passport application in my A-File, which appears to have been filled out by ICE, based on the information I provided on the application I filed out Passport Application filled in by ICE, 2011-03-01.

The copy of the application in my A-File, shows that ICE had added or changed some of the information I had provided. But since they made those changes on a new, separate form, not on the form I had signed, it wasn't forgery.

I Submit A Formal Request to Dextraze for A Travel Document; She Refuses to Respond

On 2011-03-29, having not heard back from Dextraze about the travel document application, I sent her a follow-up letter.

I explained that Leal had informed me the burden is on me, not ICE, to submit the request for a travel document Letter to Dextraze, 2011-03-29. He was, of course, lying. The burden is on ICE to communicate with the foreign authorities to obtain a travel document. Dextraze even stated so in her 2010-12-17 letter Letter from Dextraze, 2010-12-17.

Nevertheless, in my latest letter I made a formal, written request for a travel document, for the purpose of being removed to Canada.

In this letter, I now clearly and unequivocally stated I am not a Canadian citizen. Given her apparent insistence in her 2010-12-17 letter, that I AM a Canadian citizen, I figured they were going to issue the travel document regardless of what I said and this way I had clear, irrefutable proof I did not misrepresent myself as a Canadian citizen.

Neither Dextraze, nor anyone else, responded.

I Ask Dextraze On What Information the Prior Travel Document Was Issued; She Refuses to Respond

On 2011-04-07, I sent Dextraze a letter, asking her what information ICE had provided her which resulted in that travel document being issued without proof of Canadian citizenship Letter to Dextraze, 2011-04-07.

Recall that in her 2010-12-17 letter, Dextraze mentioned that a travel document had previously been issued, and she also mentioned that GAC had never actually received any documentary evidence of me being a Canadian citizen Letter from Dextraze, 2010-12-17.

So, it seemed extremely troubling to me that they would have issued that travel document.

I also figured, if she told me what information was provided previously, then perhaps I could provide that same information now, in order to get them to issue a new travel document so I could get the fuck out of ICE custody.

No one responded.

By 2011-05-23, I still had heard nothing from the Canadian Consulate, and Leal was refusing to give me any information. Leal just kept claiming the consulate has stated a travel document was forthcoming and he was waiting for it. I sent Dextraze another follow-up. Again, I heard nothing from anyone in the Canadian authorities.

I Ask Dextraze If Providing An Application With Ricky Riess's Information Will Help Get A Travel Document; She Refuses to Respond

On 2011-06-17, having still heard absolutely nothing from the Canadian authorities since arriving at EDC, I sent Dextraze yet another letter. Now I asked her whether providing a travel document application, completely filled out, with Ricky Riess's information, would help me in obtaining a travel document for my deportation to Canada Letter to Dextraze, 2011-06-17. I told her I realized that may result in me being prosecuted upon my arrival in Canada, but at least it would get me out of this seemingly perpetual ICE custody.

No one responded.

Dextraze Suddenly Becomes Anxious to Issue the Travel Document

About a month after my last letter to Dextraze, on 2011-07-27 something happened which caused Global Affairs Canada to suddenly decide issuing me a travel document was critically important. What that was, I cannot be certain.

However, I strongly suspect what happened was ICE told them that on 2011-08-24 the Zadvydas clock would run out and they would have to release me Zadvydas v. Davis, 533 U.S. 678 (2001). I suspect they "urged" the Canadian authorities to issue a travel document for me and to allow me to be removed to Canada, so they wouldn't have to release me into the US, thereby saving face. Yes, I'm saying I believe ICE would go to such extents just to be vindictive and to save face.

Now, keep in mind, from February until July, while I was in ICE custody waiting to be removed to Canada so I could get out of ICE custody, the consulate did absolutely nothing toward that. And during that time, there were no documented interactions between ICE and the consulate.

Dextraze Asks IRCC for Guidance; Tells A Bunch of Lies About Me

So, all of a sudden, out of the blue, on 2011-07-27, Dextraze sent an internal message to Jane Chen at Passport Canada (now part of IRCC), requesting guidance on how to handle the situation with me Message from Dextraze to Chen, 2011-07-27.

Dextraze Falsely Claims My Correspondence with Her Changed When I Returned to ICE Custody

In that message, Dextraze falsely claimed I "had no problems" corresponding with her throughout my incarceration in the county jail, but that I declared myself not a Canadian citizen once I was transferred back to ICE custody. That is completely false!

As you saw above, most of my correspondence with her while I was in the county jail was deliberately vague and ambiguous, or inquiring how she knew I was there.

Then, on 2010-11-29, while I was still in the county jail, I explicitly emphasized I was making no claim of being a Canadian citizen Letter to Dextraze, 2010-11-29. She then responded, saying the US had already determined I was a Canadian citizen, but she also admitted no evidence of Canadian citizenship had actually been provided and she urged me to promptly provide that Letter from Dextraze, 2010-12-17. Obviously, I wouldn't be able to provide evidence of Canadian citizenship because I'm not a Canadian citizen.

And that's when I stopped corresponding from the county jail ... because there was nothing more that needed to be said at that time. She offered her assistance, based on her assumption I was a Canadian citizen; I tentaively accepted her offer but only with the understanding that I am not making any claim of being a Canadian citizen; she responded that as far as she's concerned it's already been established that I AM a Canadian citizen. What more needed to be said?

Dextraze's last letter to me was dated 2010-12-17. I would have receieved it at the county jail around 2010-12-23. I was in the county jail, representing myself on those criminal charges. Corresponding with the consulate of a foreign country which I wasn't a citizen of, and which wasn't very likely to do anything for me once they realized I wasn't a citizen, was not a high priority to me at that time. So my next letter to Dextraze was on 2011-03-01, just after I returned to ICE custody, just over two months since her last letter. Not really that much of a lapse, considering what I was dealing with at the time and the relative irrelevance of the Canadian Consulate to me.

In March 2011, after I was back in ICE custody, I was the one who initiated correspondence with her. I sent her numerous letters and she failed to respond to any of them. So she is the one who changed her correspondence patterns after I returned to ICE custody, not me. She is the one who stopped corresponding with me after I mentioned I wasn't a Canadian citizen, not me.

Dextraze's Claim I Declared I was Not A Canadian Citizen Once I was Returned to ICE Custody

Regarding Dextraze's claim I declared I was not a Canadian citizen as soon as I was transferred back to ICE custody: I don't think she's being completely accurate with that.

I had emphasized in my 2010-11-29 letter that although ICE alleges I am a Canadian citizen, I have not made such a claim; and I have certainly not made any claim of being born in Canada Letter to Dextraze, 2010-11-29. While that may not be an outright declaration of not being a Canadian citizen, it is a pretty strong implication.

Then, after I made that pretty strong implication, Dextraze wrote me back saying the US has already determined I am a Canadian citizen and her office confirmed that. So my understanding from Dextraze's response was that as far as the Canadian authorities are concerned, I am a Canadian citizen regardless of what I claim.

Therefore, admitting I'm not a Canadian citizen shouldn't make any difference with respect to being issued a travel document. But what was important from my perspective was making sure there was no way the Canadian authorities could blame me for misleading them or falsely representing myself as a Canadian citizen.

Moreover, I disagree with Dextraze's implication that my return to ICE custody had anything to do with my admission of not being a Canadian citizen. The timing of that was purely coincidental. While I was in the county jail I knew I was inevitably going to be returned to ICE custody, so whether I informed Dextraze I was not a Canadian citizen while I was still in county custody or in ICE custody would be irrelevant. The timing of my admission of not being a Canadian citizen had more to do with me giving it more consideration and concluding that withholding the information may result in me running into legal complications upon my arrival in Canada.

Dextraze Falsely Claims I Claimed I Was A Victim of Identity Theft

In that same message, Dextraze also falsely claimed I declared myself a victim of identity theft. That is, of course, completely fucking insane!

I never said anything about being a victim of identity theft, in fact, if you review all of my interactions with Dextraze you will see I never made any mention of identity theft at all. So I have no idea where she got this idea.

My position all along, with ICE, the US Attorney's Office, and anyone else who cared to inquire, was that I essentially committed identity theft by changing my name to Richard Riess knowing there was a person with that name and the same date of birth as me.

Regardless, how would someone stealing my identity result in DHS or the Canadian authorities thinking I was a person born in Sudbury, Canada? Let's say if Ricky Riess from Sudbury, Canada had stolen my identity, Patrick Fox from Florida, how the fuck would that result in me having a Canadian passport in Ricky Riess's name with my photo? Dextraze has gone beyond studip here. What Dextraze is suggesting is beyond the complete opposite of logical, rational, and sensible.

How the fuck could she possibly mix that up? I think this is another example of her being an NPC who has no error or exception handling for unexpected inputs. Because she would expect a person to claim to be a victim of a crime, not the perpetrator of a crime, her simple mind rejected what I actually said and turned it into what she expected to hear.

ICE Would Very Much Like to Remove Me to Canada

Dextraze then says, ICE would very much like to remove me to Canada. Not just that they would like to remove me from the US, but specifically to Canada.

Why was ICE so hell bent on sending me to Canada? There were other countries they could have deported me to with much less effort, but they insisted it be Canada.

That's very strange to me. It's almost like their insistence on Canada was some kind of slap in the face, to spite me.

ICE Still Hasn't Provided A Passport Application

Dextraze then told Chen, ICE still has not provided a completed passport application.

I find that extremely peculiar because I provided Leal the passport application in early March 2011. Apparently, he never forwarded it to the consulate. I suspect the reason Leal didn't forward the passport application was because he saw that I had forwarded a copy to Dextraze directly, so if he changed anything on the one I gave him he would be caught forging my legal document.

And it's even more peculiar because I also forwarded a copy of that same application directly to Dextraze at that same time. So she already had the application. What difference does it make if it comes from me or from Leal? What possible reason could there be for the consulate to refuse the application just because I submitted it directly?

You might argue that the issue was that the application I forwarded was not complete, there were some fields left blank. Fair enough, except that both ICE and the Canadian authorities were the ones insisting I was the person born Ricky Riess in Sudbury, Canada, so what difference would it make if I filled in all the fields or not? They were the ones insisting I was that person, not me.

Dextraze Falsely Claims I Refused to Cooperate

Dextraze then said to Chen, she scanned in my correspondence so Chen could see, first-hand, my non-cooperation.

Seriously! She said that! Even though I was the one sending her letters, asking what I could do to assist with the issuance of the travel document, even offering to knowingly put false information, the information they insisted was true, on the application if that would help Letters to Dextraze 2011-03-01; 2011-03-29; 2011-04-27; 2011-05-23; 2011-06-17, and it was Dextraze who did not respond to a single one of my letters since my return to ICE custody. And yet, she has the delusional insanity to claim I'm the one who has been uncooperative.

But what's truly amazing about this is that she provided my letters to Chen, which irrefutably prove I'm the one who has been trying to cooperate, trying to get a travel document issued, and Dextraze is the one who has been refusing to respond, and yet Chen actually agreed with Dextraze that I've been refusing to cooperate!

Dextraze Relies On the Fact that She Previously Issued Me A Travel Document as Evidence of My Canadian Citizenship

Dextraze then pointed out to Chen that my file shows that I was previously issued a travel document.

I believe Dextraze's point with that was the fact that I was previously issued a travel document is evidence that I am a Canadian citizen. However, Dextraze herself was the one that issued that travel document, in December 2009, and it was issued without ever having spoken to me or verifying that I'm actually the person named on the passport.

But again, this is the completely idiotic mentality of Canadian government employees: Because I was previously, erroneously issued a travel document, that same person who issued the travel document, who now knows it was issued erroneously, still accepts it as proof of Canadian citizenship. It's as though, in Dextraze's mind she's thinking "In 2009, I issued him a travel document, therefore he must be a Canadian citizen." It would never occur to her that maybe that previously issued document was erroneous - even though she was the one who issued it and she clearly knows it was erroneous.

The Futility of Arguing with These People

All of that is from one, single message sent from Dextraze to IRCC, seeking their guidance on what to do about me.

And all those lies she told and misrepresentations she made are refuted by GAC's own prior records. But Jane Chen would blindly accept everything Dextraze said, without realizing that it's all contradicted by the government's own records.

Even the claim about me being uncooperative: Dextraze sent Chen my letters - letters which prove I was trying to assist in the issuance of the travel document, and it was Dextraze who was refusing to cooperate - but still, Chen completely ignored that physical evidence and blindly accepted Dextraze's claim.

How the fuck can any reasonable, reality based person possibly dispute anything with such people? There is no way you can win, even when you're right and ALL the evidence supports you, even when their own evidence supports you, because they simply ignore reality, they ignore hard, physical, irrefutable evidence and only accept as evidence what their cohorts and colleagues say, as if somebody merely saying something is concrete proof of the truth of that thing.

Chen responded to Dextraze the next day, 2011-07-28, informing her I was already flagged on the Security Lookout list and that I cannot be handled as a normal case. I must be handled by an Enforcement and Risk Assessment investigator Message from Chen, 2011-07-28. Chen forwarded the messages to the Enforcement and Risk Assessment deprartment.

IRCC's Fraud Investigator's Response to Dextraze

On 2011-08-03, Megan Pellijeff from IRCC responded to Dextraze Message from Pellijeff, 2011-08-03. One thing you should find amazing about Pellijeff's response is how she blindly accepts everything Dextraze falsely claimed, even though the proof the claims are false were right in front of Pellijeff. Pellijeff must have not looked at any of that evidence and relied solely on what Dextraze said in her message.

For a full discussion of Pellijeff's response and how shockingly inept she seems to be, see the section on her profile page Pellijeff's Initial Response to Marie Dextraze's Request for Guidance.

But, to summarize Pellijeff's response:

  • She blindly accepted Dextraze's claim that I had claimed to be a victim of identity theft, even though I never did and, in fact, if anything, I was the perpetrator of identity theft, not the victim. Moreover, if I was the victim of identity theft that would not have resulted in me having a foreign passport in someone else's name, nor would it have result in DHS thinking I was that person named on that passport. Those things could only have happened if I was the perpetrator of the identity theft.

    It is shocking to me that Pellijeff didn't notice that and simply, unquestioningly accepted what Dextraze said.

  • Pellijeff claimed she was surprised I wasn't more willing to provide information to prove I am not the person named on the passport. But that's completely idiotic because all I wanted was to get out of ICE custody, and ICE had made it clear the only way that was going to happen was by being deported to Canada. So why would I want to do anything which might prevent or delay that. If the Canadian authorities were willing to issue me a travel document for my deportation to Canada, without me having to claim to be a Canadian citizen, then it would make no sense for me to impede that by proving I'm not the person they were claiming I was.
  • She concluded the information provided on the passport application matches the information for Ricky Riess, who was born in Sudbury, Ontario, Canada, and the signature on the application matches my signature, therefore I must be Ricky Riess from Sudbury. But all that proves is that I was the person who filled out the passport application, using Ricky Riess's information. That is, that I committed passport fraud.
  • Pellijeff accepted information and details about Ricky Riess, which was obtained from ICE, who obtained it from Ricky Riess's birth certificate which ICE received from the RCMP, as evidence that I must be Ricky Riess. But it wasn't information received from me, or which I knew. It was received from ICE.
  • Pellijeff acknowledged that they had Ricky Riess's fingerprints on file, but she refused to do a fingerprint comparison to determine if my prints match Riess's. Instead, she suggested ICE take a photo of me so she could compare that to the photo on the passport. But again, that wouldn't prove I am Ricky Riess, that would only prove I am the person who filled out the passport application and provided my photo.

I am completely awestruck by the level of Pellijeff's ineptitude. It seems her entire "investigation" was premised on the assumption that the passport was legitimately (not fraudulently) issued, to the person actually named on it, and the only question was am I the person who applied for and obtained that passport.

I would like to believe there is no way any human being can be that stupid; that someone must have ordered her to assume the passport was legitimately issued and to not investigate whether I am actually the person it purports to represent. But unfortunately, it has been my expoerience that a lot of the people in the Canadian government really are that stupid.

Dextraze's Response to Pellijeff

The next day, 2011-08-04, Dextraze responded to Pellijeff, informing Pellijeff she had spoken with ICE Message to Pellijeff, 2011-08-04.

ICE Tells Dextraze They Are "Relieved"

Dextraze claimed ICE "was relieved and will speak with their legal department."

But relieved about what? Even if the Canadian Consulate refused to issue a travel document for me, ICE still had the Ricky Riess passport. A Canadian passport, even an expired one, is a travel document and can be used for removing a person from the US. If ICE had stuck me on a plane to Vancouver, or dropped me at any Canadian land port of entry, with that passport, that would have been sufficient.

There was absolutely no need for all this interaction with the Canadian Consulate.

Unless, of course, the Canadian authorities informed ICE that the passport was fraudulent and would not be accepted as a travel document.

And what would ICE need to speak to their legal department about? This is just another ordinary removal. The Immigration Court already ordered me removed and ICE is just enforcing that order. Clearly there were more legal concerns related to my physical removal from the US.

They Do Not Expect Me to Cooperate

Dextraze then said to Pellijeff, that ICE expressed they do not expect me to cooperate with the completion of the travel document application.

But again, why would that matter? This process of requesting an emergency travel document from the Canadian Consulate is the procedure the Canadian authorities prefer, but it's not mandatory. If ICE and the Canadian authorities actually believed I was the person named on the Ricky Riess passport, then ICE could have removed me using that passport the day after I returned to their custody in February 2011.

In my later removals, ICE doesn't even bother contacting the Canadian Consulate, they just put me in a truck, drove me to a port of entry, and told CBSA to take me.

The only reasonable explanation for why ICE, the Canadian Consulate, and IRCC are going through all of this formality is because IRCC revoked the Ricky Riess passport based on it being fraudulent, which means there is currently no travel document which ICE can use to remove me.

Photos of Me, Provided By ICE Match the Passport Photo So I Must Be Ricky Riess

Dextraze advised Pellijeff ICE had provided her a series of photos of me and, when compared to the passport photo she is confident I am Ricky Riess, the person named on the passport.

Here, again, we see that the Canadian authorities assumed the passport was legitimately applied for by Ricky Riess and provided to Ricky Riess. The only question in their minds was am I a third party who subsequently took possession of the passport from Ricky Riess.

There was never a single mention by a single person within the Canadian government about the possibility that I applied for the passport using another person's information. At least, there's no documented record of anyone mentioning that. But what makes it even more disturbing is that I openly told them that is exactly what I did.

The fact that there is no record of anyone ever suggesting the possibility that I obtained the passport of another person fraudulently, gives me the impression that somebody very sternly told them NOT to investigate or pursue that possibility. Either that or just every single person who works in Global Affairs Canada, IRCC, and CBSA are truly the dumbest, most completely brain dead people who have ever existed and it simply never occurred to them.

But getting back to this issue of ICE providing the Consulate photos of me. Of course the photos of me, from ICE, match the photo on the passport - I applied for the fucking passport! I filled out the application! I attached two photos of me to it! I've openly admitted that. There is no dispute about that!

In that message, Dextraze also explicitly mentioned that I had previously been convicted of "falsely claiming to be a US citizen". To people like Dextraze, a court ruling or finding, by itself, causes reality to exist. No amount of evidence proving that finding was wrong will ever convince them otherwise. A judge can say I unjustly killed a Smurf, and Dextraze will be completely convinced I did, in fact, kill a Smurf without justification. The fact that Smurfs are not real is irrelevant to her.

Pellijeff Assures Dextraze the Travel Document Will Be Issued No Matter What

On 2011-08-09, Pellijeff responded to Dextraze, essentially assuring her the travel document would be issued regardless Message to Pellijeff, 2011-08-09.

Pellijeff explained that even if I refuse to cooperate in completing the application - which I had never actually done - then an ICE deportation officer can fill it. And if I refused to sign the application, then Passport Canada can waive the signature requirement.

It is significant to point out, though, that I had not, at any point, refused to cooperate. I had refused to sign the declaration of Canadian citizenship or to fill out the application with Ricky Riess's information, but I told Dextraze I was willing to do even that as long as the Canadian authorities provided me written assurance I would not be prosecuted for making those false statements/declarations. They refused to provide any such assurance. That refusal gave me the impression it was their intention to prosecute me for making false statements on the passport application upon my arrival in Canada.

ICE Refuses to Fill Out the Application Themselves; Resubmits the One I Filled Out On 2011-03-01

Dextraze relayed Pellijeff's latest information, about a Deportation Officer being able to fill in the information on the application if I refuse to cooperate, to an ICE supervisor Message to Lam, 2011-08-09. ICE seemed reluctant to fill out the application form themselves. They asked if the application form I filled out in March 2011, could be submitted. Dextraze told them too much information was missing from it.

This interaction between Dextraze and some unnamed ICE supervisor is interesting because it shows even though ICE had all of Ricky Riess's information, and they could easily have filled out the application with that information, they were very reluctant to do so. I believe their reluctance was because they knew the information was false, that I wasn't Ricky Riess from Canada. They had known that since at least 2008-05-05 when they received Riess's fingerprints from the Toronto Police.

Dextraze then forwarded the information about that interaction with ICE to Tania Lam of the Canadian Consulate.

On 2011-08-10, Dextraze received from Leal, another copy of the application form I had filled out on 2011-03-01 Message to Lam, 2011-08-11.

The next day, 2011-08-11, Dextraze emailed Leal, informing him of exactly what required information was missing from that prior form Message to Leal, 2011-08-11. But everything Dextraze said in the message was complete nonsense because Pellijeff had already told her that if I refuse to fill out any information on the form, then the Deportation Officer can fill it out, and if I refuse to sign the form then the Deportation Officer can just state such. What I don't understand is that if Passport Canada was okay with ICE filling out the form, then why couldn't anyone from Global Affairs Canada (i.e. the Canadian Consulate), or Passport Canada fill it out? What difference would it make if Leal put Ricky Riess's information on the form or if Dextraze did?

Declaration of Canadian Citizenship

One of the items not completed on the 2011-03-01 application, which Dextraze claimed needed to be provided, was the signature for the declaration of Canadian citizenship.

But I had told Dextraze in my 2011-03-01 letter that I could not sign that declaration because I am not a Canadian citizen Letters to Leal, Dextraze, 2011-03-01. In a later letter to Dextraze, I expressed my willingness to provide an application filled out with Ricky Riess's information, which would include signing the declaration of Canadian citizenship if it would help to obtain the travel document Letter to Dextraze, 2011-06-17.

Dextraze did not respond.

Dextraze Falsely Claims I Refused to Provide References

In that email to Leal, Dextraze stated one of the missing items are the references. She went on to say "I have no doubt he will refuse to list any...". I find it incredibly vexing that she would say that because in the letter I sent her with the application form on 2011-03-01, I explained to her the reason I did not provide any references was because I don't know anyone who meets the requirements Letters to Leal, Dextraze, 2011-03-01. It's not that I was refusing to provide references, it's that I didn't have any!

The Canadian passport application requires the applicant to provide the names and contact information for two references who have known the applicant for at least two years and who can confirm the applicant's identity. The references cannot be family members. By March 2011, I had been in custody for almost four years. I hadn't kept in touch with anyone who would be able to confirm my identity - particularly since ICE and the Canadian Consulate were insisting my identity was Ricky Riess from Canada.

This is yet another example of Dextraze either lying, grossly misrepresenting the facts, or being delusional. You see what I mean, you can't argue or debate with these people; you can't present your case based on facts and reality; because they completely ignore facts and reality and just make up whatever they want - even when their own documents and records prove they are wrong. And then, everyone else within the government blindly accepts what they say as truth - again, even though their own records prove the person is wrong.

Proof of Canadian Citizenship

In her email to Leal, Dextraze acknowledged ICE had provided a scanned copy of Ricky Riess's Ontario birth certificate, but asked whether ICE had the original so she could submit it to Passport Canada with the application.

This makes no sense because the Canadian Consulate or Passport Canada could just as easily have obtained an original directly from the Registrar General of Ontario. They didn't need an original from ICE. Remember, they are the ones insisting I am Ricky Riess from Sudbury, not me. It's not like I was claiming I was Ricky Riess and they wanted me to prove it.

Moreover, the Consulate was aware ICE had the original of the Ricky Riess passport. Why didn't they just request ICE provide that? Or better yet, why didn't ICE just skip all this drama with the Canadian Consulate and bring me to the border with that passport? Oh yeah, because Passport Canada revoked the passport when they decided I wasn't Ricky Riess and the passport had been fraudulently obtained.

But consider this: Passport Canada had determined I wasn't Ricky Riess and I fraudulently obtained a Canadian passport in the identity of Ricky Riess, and yet they're accepting Ricky Riess's Ontario birth certificate as proof I am him. How does that make any sense at all? How is it none of these people realize this contradiction?

Leal did not respond to Dextraze's email. He completely ignored everything she said, and just sent her another copy of the same application form from 2011-03-01. Dextraze messaged Pellijeff, advising her of this Message to Pellijeff, 2011-08-12. Pellijeff did not respond.

Dextraze Says My Convictions "Cannot Be Vacated"

On 2011-08-04, I sent Dextraze a letter asking whether the vacating of my perjury and false claim of US citizenship convictions would increase my chances of obtaining the travel document Letter to Dextraze, 2011-08-04. She did not respond.

In a message Dextraze sent to Lam, on 2011-08-11, she made reference to my convictions for perjury and false claim of US citizenship. But she then said "Those convictions cannot be vacated..." Message to Lam, 2011-08-11.

I find that assertion very concerning. On what basis is she claiming those convictions CANNOT be vacated? The way she phrased it, it doesn't seem like she's saying there is no legitimate legal basis for vacating the convictions.

But if I was convicted based on evidence the prosecution presented at the trial and it is later discovered that evidence was fake or forged; or if it is later discovered there was additional critical evidence which the police and prosecutors knew about but didn't disclose, such as Ricky Riess's fingerprints and mugshot; then yes, those convictions most definitely CAN be vacated.

It seems more likely what Dextraze is saying, after speaking with ICE, is that it's imperative those convictions not be vacated. And of course, that raises the question of why ICE would be so concerned about those convictions being vacated.

I Find Out My Son Has Been Abducted

In the middle of August, 2011, I found out that my ex-wife and mother of our son, Desiree Capuano had recently gone to Los Angeles and abducted our son, Gabriel, fleeing to Arizona with him. She had been completely absent from Gabriel's life for the past nine years, since he was a year-and-a-half old. She was, for all intents and purposes, a stranger to him.

So, out of the blue, with no warning, she showed up at his home in Los Angeles, took him from the only home and family he had ever known, to another state, to live in an unfamiliar environment, amongst strangers.

Suddenly, my immediate release from custody became all that mattered, regardless of the cost.

I Speak With Dextraze On the Phone

On 2011-08-18, having found out my ex-wife abducted our son, and having heard nothing, not a single word, from the Canadian Consulate since Dextraze's 2010-12-17 letter where she stated the US has already determined I am a Canadian citizen, I called Dextraze on the phone. I strongly preferred to communicate in writing, so there's an irrefutable record of what was said, but since she wasn't responding I decided to try calling her.

I realized the Canadian authorities didn't owe me anything because I wasn't a Canadian citizen, so it would be wrong to expect anything from them; but at the same time, it seemed as though they and ICE were just leaving me in limbo indefinitely. Leal was telling me the Canadian Consulate had said they were going to issue the travel document, but the Canadian Consulate wasn't talking to me at all. I assumed Leal was lying, and that the Canada had no intention of issuing the travel document.

All I wanted was either for the Canadian Consulate to issue the travel document so I could get out of ICE custody by being deported to Canada; or to formally state they were NOT going to issue the travel document, so I could file a habeas petition under Zadvydas.

At the time of this phone call, I had no knowledge of any communication between the consulate and ICE. I had no idea that neither they, nor ICE had actually done absolutely nothing on my case until about two weeks prior.

I asked Dextraze what the status of issuing a travel document was. I explained to her that if they're willing to issue the travel document that's great as it will get me out of ICE custody; but if they're not willing to then could she formally let ICE know so I could start a habeas petition. She told me she would not be able to issue a travel document based on the information available to her. In her subsequent report to ICE about her conversation with me she claimed she told me she was still waiting for ICE to send her a completed application.

I asked her if she had received the application I had sent her in March. She said she had, but that she couldn't accept it because it has to come from ICE. She refused to explain why it had to come from ICE and not from me. She said, "That's just the procedure." I asked her, what she does in cases where ICE refuses to cooperate? She refused to respond.

Dextraze then told me she had recently received a new application from ICE, but it was not acceptable because too much information was missing Canadian passport application filled in by ICE, 2011-03-01. I had no knowledge of that "new" application, which ICE had filled out and submitted. Based on Dextraze's statements in her subsequent email to Leal, that there was no occupation history and no Declaration in Lieu of Guarantor, it seems the application she's talking about is the one ICE filled out on 2011-03-01.

One of the fields Dextraze said was not completed was the signature. In her subsequent email to Leal, documenting our conversation, Dextraze falsely claimed I had refused to sign the application. That's false. I couldn't have refused because I didn't even have any knowledge of the application. ICE had filled it out without any involvement from me.

It seems Dextraze was not aware the application ICE provided her was filled out by ICE, without my knowledge. She seems to think I was the one who filled it out; I was the one who left the fields blank; and that I refused to sign it.

She went on and on about the information which was missing. At one point I asked her why any of that matters, since they are the ones claiming I am Ricky Riess from Canada, not me; since they are the ones who are so convinced I am Ricky Riess, I'm not the one trying to convince them. She seemed annoyed by that and, if I recall correctly, she said something about it just being the procedure and if I want to get out of ICE custody then I have to provide the information and sign the declaration of citizenship.

I told Dextraze I'll put whatever she wants me to put on the application and sign whatever declaration she wants me to sign if it will get me out of ICE custody as soon as possible. I also told her, though, I would need some kind of assurance I would not be arrested and prosecuted upon my arrival in Canada, for making false statements on the application. Dextraze said she had no control over that Message to Pellijeff, 2011-08-18. That struck me as very suspicious because if the Canadian authorities truly believed I really was Ricky Riess from Sudbury, then why would they be reluctant to assure me I would not be prosecuted for using Ricky Riess's information on the passport application?

Dextraze Admits She Knows I Am Not Ricky Riess; Says They Will Not Issue A Travel Document for Ricky Riess

Eventually, I ran out of patience with Dextraze's refusal to commit to anything or to give direct responses. I told her if they're going to issue a travel document for me, in the name Ricky Riess, that's great, but if not then can they please just tell ICE, so I can move on from this.

Dextraze responded that they are not going to issue a travel document for Ricky Riess, that she knows I am not Ricky Riess, that she knows the passport ICE has is fraudulent and it has been revoked. She said, very directly, that she will not provide me any further assistance in obtaining a travel document.

I said, "Great, then can you let ICE know?" Dextraze changed the topic, asking about my conviction for false claim of US citizenship. She said I would not have been convicted of that if I was a US citizen.

I pointed out to her that that conviction was based solely on the Ricky Riess passport, which has since been proven to be fraudulent. I asked her if she has any evidence I am not a US citizen. She refused to repsond.

Dextraze agreed I had never told her or lead her to believe I am a Canadian citizen, or that I am Ricky Riess from Sudbury.

I told Dextraze, Leal has been claiming the consulate has stated they do intend to issue me a travel document and ICE was just waiting on that. Dextraze responded, that she had not told ICE she intended to issue me a travel document or that a travel document was forthcoming in the foreseeable future.

Dextraze also agreed I had been making reasonable efforts to obtain a travel document and that she does not believe I have been attempting to obstruct the issuance of a travel document. This, of course, completely contradicts what she's been writing in her case notes. Canadians are so two-faced and hypocritical.

At the end of the conversation, I asked Dextraze if she would provide me something in writing, describing our conversation, so I can include that with my habeas petition to show I have not been refusing to cooperate in my removal. She refused.

Immediately following our phone conversation, Dextraze sent Leal an email, aprising him of our discussion Message to Leal, 2011-08-18. I find that decidedly troubling because she adamantly refused to provide me anything in writing regarding our conversation, and yet she was more than happy to right a report about it for my Deportation Officer. Moreover, if she really believed I was a Canadian citizen, then her job, her duty, was to assist me, not to assist and cooperate with ICE against me. I believe this further proves Dextraze knew I wasn't a Canadian citizen.

On 2011-08-26, I sent Dextraze a letter detailing what we had discussed and what she had said during our conversation Letter to Dextraze, 2011-08-26. The skeptical amongst you may say, "That doesn't prove anything. That's just you claiming what was said. It's not proof that it was actually said." You're right. Except that Dextraze entered the letter into Global Affairs Canada's information system, and she never once denied or refuted anything I said in the letter. She knows the call was made from within the Eloy Detention Center, so it was recorded; and she knows I may have obtained a copy of the recording; so she can't claim anything I said in the letter was wrong.

Canada Escalates the Investigation of Me

Following my telephone conversation with Dextraze, she messaged Pellijeff, including a copy of the latest passport application filled out by ICE Message to Pellijeff, 2011-08-18. Dextraze was again asking Pellijeff for guidance on how to proceed.

In that message, Dextraze told Pellijeff she doubted she can obtain anything [more] from me as, even that morning I claimed to have been born in the US. That statement leads me to believe all of Dextraze's interactions with me so far were to try to get me to say something that could help their investigation of me. Or, to get me to claim to be a Canadian citizen ... but to what end? Were they trying to get me to make a claim of Canadian citizenship so they could use that in a prosecution against me? But I had already made a false claim of Canadian citizenship when I applied for the Ricky Riess passport in 2003. Who knows what they were thinking or scheming.

Dextraze asked Pellijeff, if she should open a PMP case at this point. According to ChatGPT, a "PMP case" is a "Program Integrity Management Program" (PMP), and it referred to a formal investigation related to identity integrity, fraud, anomalies, impostor, misrepresentation, et cetera. Apparently, it is not a routine service case; it is not trivial administrative routing; and it is a serious integrity file. ChatGPT says, a PMP case is the step AFTER a security lookout (SL, see above).

Pellijeff referred the matter to Kathaleen Nicholson who, I presume, was higher up the ladder. On 2011-08-19, Nicholson responded to Dextraze agreeing that starting a PMP case would be appropriate Message from Nicholson, 2011-08-19.

Annoyingly, Nicholson aslo said "Given the subject's consistent unwillingly attitude toward this process...". What the fuck! What "consistent unwilling attitude"? My documented attempts to communicate with the Canadian Consulate, and Dextraze's consistent refusal to respond, prove it was they who were being uncooperative. But you see how everybody within the Canadian government completely accepts Dextraze's false claims, even though their own records prove her claims are false.

On 2011-08-22, Dextraze brought my file to Chantal Kuvi-Mendieta to start a PMP case Message to Kuvi-Mendieta, 2011-08-22.

I've heard nothing further regarding the PMP case, however there are often redactions under section 22(1)(b) (information which could be harmful to a lawful investigation), from my freedom of information (ATIP) requests, so who knows.

Canada Issues the Emergency Travel Document for My Removal to Canada

Then suddenly, on 2011-08-25, with no notice or explanation, the Canadian Consulate issed the travel document for my removal to Canada Emergency Travel Document, 2011-08-25. The travel document was issued and signed by Dextraze. There are no case notes about it; no mentions of it in any of the records disclosed to me. No explanation of what changed between 2011-08-22, when the consulate opened a PMP investigation case on me and 2011-08-25 (three days later) when the travel document was issued.

I suspect what happened was the Canadian authorities determined I was not Ricky Riess from Sudbury; I obtained Ricky Riess's passport fraudulently; I very likely was not a Canadian citizen; they had no idea who I actually was; but DHS put pressure on them to issue the travel document and so, of course, the Canadian authorities did exactly what the US authorities told them to do.

And that about sums up Dextraze's involvement in my case.

But Why Didn't ICE Just Use the Ricky Riess Passport to Remove Me?

One thing I found perplexing through all of this was that ICE already had that fraudulently obtained Canadian passport which, it seemed, the Canadian authorities were accepting as being mine and being legitimately issued. A Canadian passport, even an expired one, is an acceptable travel document for the purpose of removing a Canadian citizen to Canada. There is absolutely no reason they would need to obtain an emergency travel document from the Canadian Consulate. ICE could have just put me on a plane, with that Canadian passport, and been done with me. Unless, of course, the Canadian authorities determined, and informed ICE, that that Canadian passport was NOT legitimately issued because it was fraudulently obtained!

And notice, that the Canadian Consulate case notes acknowledge the existence of that passport, and the claim it was legitimately issued and I am the person named on it ... and yet, they refuse to allow it to be used for my removal to Canada.

The passport was never "returned" to me by the US Attorney's Office after the perjury trial and appeals were completed. Nor was it "returned" to me by ICE at any point. There is no record of it ever being returned to the Canadian authorities either. Apparently, it just vanished.