Monday, January 8, 2007

The Supreme Court of the United States
One First Street, NE
Washington, D.C. 20543

MAY IT PLEASE THE COURT, Honorable Justices of the Supreme Court of the United States of America;

Honorable Chief Justice John G. Roberts, Jr.
Honorable Associate Justice John Paul Stevens
Honorable Associate Justice Antonin Scalia
Honorable Associate Justice Anthony M. Kennedy
Honorable Associate Justice David H. Souter
Honorable Associate Justice Clarence Thomas
Honorable Associate Justice Ruth Bader Ginsburg
Honorable Associate Justice Stephen G. Breyer
Honorable Associate Justice Samuel A. Alito, Jr.

I am writing to seek your esteemed consideration of judicial review regarding alien Christian ministers, and religious workers, intending to enter the United States of America to perform ecclesiastical work for churches, and associated Christian religious organizations, under the guarantee provided in the Free Exercise Clause of the First Amendment that Congress shall make no law prohibiting the free exercise of religion.

It is my humble, but nevertheless fervent belief, that the existing legislation embodied in our nation's immigration laws, regulations, and directives, are, ipso facto, laws that fly into the face of the very Free Exercise Clause that was entrenched in our Constitution to guard and guide the course of human events relating to the sincerely held beliefs in religious matters.

Therefore, I respectfully beseech this august Article III Court, as the highest tribunal in the land entrusted with the task of interpreting the law, to consider issuing a policy declaration, or directive, tantamount to an extraordinary writ - not as an act of a premature judicial intrusion - to the effect that intending alien Christian ministers and religious workers, may be able to enter the United States to perform their ecclesiastical duties at the behest of Christian organizations, for a specific period of time, and return to their country of domicile upon completion of their ecclesiastical duties.

The effect of this policy declaration, directive, or writ, would obviate the need, for the intending alien Christian ministers and religious workers, to request or petition the Department of Homeland Security, whose Bureau of Citizenship and Immigration Services could, and usually does, exercise its privilege of refusing an entry visa, and thereafter sets in motion inevitably, to the detriment of the intending Christian alien religious workers, an entirely unnecessary, if not onerous, series of motions, petitions and appeals beginning at the Executive Office of Immigration Review, through the Administrative Appeals Unit, on to the Board of Immigration Appeals, thereafter to the 9th Circuit appellate courts, and ultimately to this very Court, entailing several years in the frustrating process, not without considerable effort, time and financial resources, while becoming another statistic in the overcrowded court dockets.

I believe there are some precious lessons to be extracted from the decision rendered in Holy Trinity Church v. United States, 143 U.S. 457, 12 S.Ct. 511, 36 L. Ed. 226 (Feb. 29, 1892) which declared, inter alia, this august Court's decision in refusing to apply to churches a federal statute forbidding employment contracts with aliens to work in the United States.

I crave your indulgence on this matter in the hope that this request does not, in any way, disturb the delicate balances between the tripartite arrangement of the organs of government.

I beg your forgiveness for not quite observing the virtues of brevity.

Yours respectfully,

Minister Aidun N C Naidu

Tel: 206-384-9220
Fax: 206-274-4816

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"Why do you call me 'Lord, Lord' and do not do what I say?" - Jesus, Luke 6:46

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Judge Naidu writes to U.S. Supreme Court Justices en banc regarding immigration visas for Christian religious workers. Read the letter here

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