Posted on: Friday, November 30, 2001

Chef wins stay of deportation

By Mike Gordon
Advertiser Staff Writer

Popular Thai chef Chai Chaowasaree will be allowed to stay in the United States while Congress reviews deportation proceedings that have left his future in doubt for months.

Sen. Daniel Akaka, D-Hawaii, on Wednesday introduced personal legislation to the Judiciary Committee, a rarely used process that has not been seen by Hawai'i immigration officials for 10 or 12 years.

The review prompts an automatic stay of deportation until Feb. 1, 2003, Donald Radcliffe, district director for the Immigration and Naturalization Service, said today.

"If the legislation does not pass by that date or is not reintroduced, we can then remove him," Radcliffe said.

Chaowasaree has been fighting deportation since 1991, when the INS determined that his 1985 marriage to a Big Island woman was fraudulent and moved to deport him.

His problems were compounded when he left the United States last year to visit his ailing father in Thailand.

Upon his return, INS officials told him he had voided his appeal and violated the terms of his residency.

Immigration officials, who have been waiting for months to see if the legislation would be introduced, will submit a report to the Judiciary's immigration subcommittee, said Akaka spokesman Paul Cardus.

Cardus said the senator reviewed federal court transcripts of the case before submitting the request and felt the court's options were limited.

"The case needed another look and deportation seemed a harsh outcome," Cardus said. "He felt legislation was needed to compel a hard second look at this case and to encourage a resolution."

Reach Mike Gordon at mgordon@honoluluadvertiser.com or 525-8012.