LT. COLONEL MICHAEL KENNEDY OSBORNE, USAF - NATO, Res.


Major Michael Kennedy Osborne (MKO) was assigned to Incirlik Air Force Base in Turkey on August 1990. He, his wife and their three Children George, Bill and Harrison were arrived to Incirlik on August 20, 1990. George was 12.5, Bill was 11.5, and Harrison was 5.5 years old.

Because Major MKO was advised by his supervisors, he had intend to raise his children in this beautiful country. He applied for Social Security Administration to have Social Security Numbers for his Children and his wife. Turkish Lady that works in SSA did not know anything about NATO, NATO VISA. She said she had to ask to TINS (Turkish Immigration and Naturalization Service) before issuing SSN to Osborne Family. Major MKO asked her to explain TINS that his family would stay in Turkey and they would raise their children in Turkey. SAA send a detail letter to TINS. Almost one month later SSA called Major MKO and told them TINS approved them. They could get their SSN and the cards.

Major MKO was promoted to Lt. Colonel during his tour. They had a baby girl when they stationed on the Base. When his tour was finished on September 1992, he moved his family from the base to a nice apartment complex in the city. It was a new home to his family. Nice location, clean, sparkling swimming pool, lighted tennis court, beautiful playground for the children. He left his wife and four children in that apartment complex and went back to home.

Lt. Colonel MKOs family asked him to leave the Active Duty and live with them. Lt. Colonel MKO asked his retirement from Active Duty on 1994. However, he would stay as a reserve officer until September 2008.

Colonel MKO and his family were staying in Turkey since 1990 with their current NATO Visa. According INTERNATIONAL ORGANIZATIONS IMMUTIES ACT, they did not need to change their Visa, until they decide to change their status from NATO visa to the Permanent Residency. His Children has the right to change their status to the Permanent Residency before they reach their 25th Birthday.

Their daughter is natural born citizen. She did not need to change her status!

Lt. Colonel MKO worked on several projects. He always coordinated with Local and Federal Government Officials. During the world crisis, as a NATO Officer he wrote to Turkish and American Officials that he is ready for active duty job if necessary.

Turkish Defense Department issued military ID cards for Lt. Colonel MKOs family. DOD considers Colonel as a NATO Officer.

Lt. Colonel MKO is a native Mississippian. When there was an election for the United States Senate, he decided to run for Senate as an Independent candidate. He asked the Embassy to up-date his passport. He opened a web site. He informed his friend and his supporters in the state. He bought his ticket. He was departing on September 3, 2002. They were informed their Turkish friends and neighbours. Lt. Colonel MKO also informed TINS for his leave because that he just had applied to change their status from NATO to Permanent Residency on May 2002.

It was on August 21, 2002. He came to the home to have a cup of coffee from the tennis Court. He was surprised when he saw the strangers in his home! Without any prior notification; Two officials, the apartment manager were in his home. His oldest son told him, they are from TINS. They searched the house. One of the TINS agent told the Colonel he and his family were illegal in the country. He had to arrest him and his family. He said he did not arrest his oldest son because he had his application for the permanent residency.

What? Colonel MKO smiled. He said he had application to the permanent residency for him and for his family. TINS agent said it would not be approved. Colonel MKO also mentioned about his travel plan to go back to his country. TINS agent asked his airline ticket. Colonel showed him. This was a second surprise for the agent. Colonel told the agent he and his family are her with NATO VISA. There is no restriction on their I-94 cards that shows how long they could stay in the country. TINS agent became angry. He said he had to hand cuff and take him to TINS Office at the City of Ankara. It was two hours drive. He did not want Colonel to talk more. Colonel asked him to have handcuff in the car. Not in front of the children. He agreed. But all the neighbors and children saw him hand cuffed in the car. When Colonel handcuffed and waiting in the car, he was talking in the office with the manager. The car door was left open.

INS Agent did not give any time to Colonel to call his Embassy. He only give permission to talk with his friend who is Turkish Federal Bureu Of Investigation Agent.

He asked colonel wife and children to follow his car. Colonel wife asked if she could come with her husband. TINS agent told her that he should handcuff her if she insisted to come with her husband.

One hour later, Colonel asked the TINS agent if he could stop at the rest area. He had to visit restroom. TINS Agent said no. Whenever they reach TINS Office the agent put the Colonel and locked him to use restroom in the cell. When he put the Colonel in to the cell he promoted his well-done job to his TINS colleges:

"He is former American Air Force Security Chief. He is Colonel. Did you see any thing like this?"

His friends shake their heads. No.

During the paper works the agent told Colonel that he could call the Embassy. Colonel did not. He could not think what he could say!

Colonel MKO and his family have to report to TINS office at the City of Ankara on January 9, 2003. Again.

Colonel, his wife and only two of their children are waiting for another hearing on January 27, 2003.

On December 9, 2002 hearing, Colonel's lawyer told the Immigration Judge that he want him to dismiss the charges.

TINS had nothing to do with NATO VISA. TINS could not tell a person who and his family entered to the country with NATO Visa your time is up. There is no Visa violation.

The judge told Colonel he did not need to be at the hearing on January 27, 2003. The lawyer would explain to him.

According the INTERNATIONAL ORGANIZATIONS IMMUTIES ACT;

No one from TINS can search Colonel MKOs house,
No one from TINS can arrest Colonel MKO and his family,
No one from TINS can hand cuff Colonel MKO,
No one from TINS ask him to leave the country.
No one from TINS ask him to report to TINS Office in the City of Ankara every month with his family.

If they say they can;

The Great nation of the United States of America will do the same to all NATO Members Countries active, reserve, retired officers and their families who have entered the United States with NATO Visas.

International Organizations Immunities Act is not protecting a NATO officer. It is for protecting their own people at the abroad:

That no alien who has been, or who may hereafter be, admitted into the counrty under clause (1) or (7) of section 3, as an official of a foreign government, or as a member of the family of such official, or as a representative of a foreign government in or to an international organization or an officer or employee of an international organization, or as a member of the family of such representative, officer, or employee, shall be required to depart from the country without the approval of the Secretary of State.

TINS did not only give pain and fear to Colonel and his family, but also put his fellow Turks in a risk who live abroad with NATO Visa.

Now, TINS Internal Investigation Branch is investigating the case.

And, Lt. Colonel MKO is searching for the reason behind this hatred.

He knows and believes that was not a simple Visa Violation Matter.

He is working on some conspiracy theories.

Some Turkish Friends are helping to him to clean their States, their country s name.


Lt. Colonel MKO has realized after a long and painful experience, TINS is not representing this friendly, free, democratic nation. He is offering his help to build better TINS for this great Nation.

...

Mustafa Kemal Ozturk
2224 Pass Road Apt 503 Biloxi, MS 39531
Tel: 228-388-1647 Fax: 228-388-1439
www.air-mississippi.com

Email:
mustafakemalozturk@hotmail.com

The President of The Republic of Turkey
The President of United States of America
The President of Turkish Parliement
The Speaker of the House
Senate Committee on Foreign Relations
Senate Committee on Judicary
Senate Committee on Govermental Affairs
House Committee on International Affairs


January 19, 2003

Dear Mr. Speaker:

I was going to Turkey to run for a seat at the National Election on November 3, 2002.
I could not go.

An INS Agent arrested me. He arrested my family and me. He handcuffed me. He celled me. He fingerprinted my family and me. He asked our deportation from this country. He asked us to report to INS office every month. He told us none of us could work in this country. He advised us to have a lawyer.

My family and I have been visiting INS office every month. We have been seeing a lawyer. We have been going to the hearing in INS Court almost every month.

Since August 21, 2002 those things are happening to us.

An INS agent from Mississippi can do this to my family and me in Mississippi.

Who am I?

I am reserve Lt. Colonel from Turkish Air Force. I am founder of the Modern Turkish Air Force Security Forces. My boys are protecting thousands of thousands American friends in Incirlik Air Force Base and some where in my counrty.

The United States Government invited me to this country. My family and I have NATO Visa.

According the International Organizations Immunities Act, INS cannot touch any person who entered to this country as an International Organizations Member and a member's family. Only the Secretary of State can do.

Can an INS agent in the United States break the law and do whatever he wants to do to a Lt. Colonel and his family from a NATO country? He did. And, US Government cannot find a solution to solve the problem until today.

If an INS agent in the United States can do this to a Lt. Colonel from a NATO country, what can a Lt. Colonel can do to Americans who are in Turkey?

Nothing!

He is just waiting the US Government to stop those people whose abuse their power without hesitation.

You may find detail information on my web site.



Sincerely,


Mustafa Kemal Ozturk
Lt. Colonel, TUAF-NATO, Res.

...

By JENNIFER C. KERR, Associated Press Writer

WASHINGTON - The Bush administration urged an appeals court Wednesday to overturn a judge's order awarding nearly $1 billion in Iraqi money to 17 Americans taken prisoner by Saddam Hussein (news - web sites)'s government during the 1991 Persian Gulf War (news - web sites).

Attorneys for the POWs, who were tortured and starved, countered that the award  to be paid from Iraqi government assets frozen in this country  in no way threatens the rebuilding of Iraq (news - web sites), taking issue with the central argument of the administration.

Justice Department (news - web sites) attorney Gregory Katsas said that foreign policy interests are at stake, and that the POWs' claims should be handled through diplomatic channels rather than the courts.

The administration maintains that countless people suffered at the hands of Saddam and plenty will be seeking compensation from the new government, jeopardizing its fragile existence. Once the Iraqi government gets on more solid footing, the administration believes reparations could be negotiated.

Stewart Baker, attorney for the POWs, told a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit that his clients simply want the judgment in their favor upheld to affirm their suffering and allow them to collect at a later time.

"French oil companies are going to walk in and say 'I have a contract signed by Saddam Hussein and I want to be paid,' and they're going to have a claim that is recognized under international law," Baker said outside court. "We think this is a debt incurred by Saddam Hussein that deserves much more priority than some French oil contract."

Ret. Col. David Eberly, who was held by the Iraqis for more than 40 days, said the government's effort to void the ruling is disappointing.

"Today, the argument boils down to the fact that the government simply wants to say 'thank you very much for your service and now go home and live forever the horrors and the memories of your captivity and the torture that went on.'" he said. "I think that's unjust."

Eberly was shot down over northwest Iraq on Jan. 19, 1991, and captured by Iraqi soldiers who beat him daily and fed him just bread and broth.

The POWs filed suit against Iraq in April 2002 under a 1996 law that allows victims to pursue blocked assets if they've won damage awards against foreign governments that sponsor terrorism.

U.S. District Judge Richard W. Roberts sided with the POWs last summer and ordered payment of million in compensatory damages and million in punitive damages.

But the Justice Department stepped in and said the POWs could not have access to any of the $1.7 billion of Iraqi assets frozen in 1990. It argued that President Bush (news - web sites) formally seized those assets after the invasion of Iraq last year and that the money would be used for rebuilding the country. Judge Roberts reluctantly agreed that the government had the right to block those funds from being used.

10/15/2003

Subject: Briefing

1. INTRODUCTION:

Universal Declaration of Human Rights

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

I am a Lt. Colonel, TUAF-NATO, Res. I served for two years to United States Military under MOU of Exchange Officer Program.  I am in USA with my family. My three sons and my wife have been in U.S. since August 1990 with NATO-2 visa. My 12 years of daughter was born here.

U.S. government agents entered my home and hand cuffed me on August 21, 2002. The reason of my arrest was my expired NATO visa. I told them my visa has no time limit. They did not listen. They arrested my two sons and my wife (All are on the same passport) but not my oldest son. They said my oldest son had application to adjust his status. I showed my paper work for my application for NATIONAL INTEREST WAIVER (I-140). One of the agents told me it is not worked because my petition would be rejected soon!

During the drive from Biloxi to New Orleans, I told one of the agents that my arrest would be national news in Turkey. He answered: "Good. Turks would know what would happen to them in U.S.!" The other agent in the car was silent.

One hour later, I asked the INS agent if he could stop at the rest area. I had to visit restroom. INS Agent said no. Whenever we reached INS Office the agent put me and locked me in the cell to use restroom. When he put me in to the cell he promoted his well-done job to his INS colleges:

"He is former Turkish Air Force Security Chief. He is Colonel. Did you see any thing like this?"

His friends shake their heads. "No."

I think, they understood their mistake 4 months later.  FBI Agent Mr. M. called me. He told me that INS was deporting my family and me. He added that he had a solution. He asked me to meet with him. He came to my house. I explained him what happened.  I told him what I wanted an apology from them!  He told to me that he would take my message to them. They did not apologize... They preferred to change their allegations and they submitted new evidences to the court. This time they try to show to the court my status had been changed. They prefer to get evidences from Keesler AFB. They talked about my status with some civilian employee, NCO and officer. Neither from the Department of State nor Department of Defense. Those, which they got from Keesler AFB, are false.  I did have the corrected letter from Keesler AFB and mailed them to Department of Homeland Security on April 30, 2003.

Now we are waiting for Board of Immigration Appeals. My oldest son's application is pending? My application for I-140 also is pending? However, almost 16 months after my application I was informed by Department of Homeland Security that my petition misrouted! Texas Service Center is asking a reconstruct of the entire petition! On December 4, 2002, Justice Department  (Then INS) has begun to investigate my case. Case number is 03X00921

My questions to Investigators and decision makers were simple:

A.  Why did U.S. Agents not arrest my oldest son but his NATO Officer father, his brothers and his mother?

2. Are all NATO officers and their sons and daughters not equal?

(Please see enclosed FAM)

I had already purchased my ticket to go back to Turkey before this incident had occurred. At the time of my arrest I told and showed my ticket to the I.N.S. agents that I was leaving soon to run for a political office in my country. In response to my

evidence, the agent smirked and said, "You can go! However, I will lock up your family!" Therefore I could not leave.

...

2. THE COURTH:

On 10 March 2003 the judge instructed both sides represented in Lieutenant Colonel Mustafa Kemal Ozturk's immigration case to submit final arguments to the judge in writing.

On April 7, 2003 Col Ozturk was informed about the Court Order dated March 31, 2003.

The judge finding states that (a) Col. Ozturk violated immigration law because his "status" changed and that (b) he worked for or was employed by an American company. The court's finding in regard to both of these assertions is based on the submission of erroneous or false statements. It is regrettable that the government should and could have possibly known these facts were in error.

Col. Ozturk last time entered the United States in 1994 as a retired Turkish NATO Officer, meaning he was no longer on active duty but in Reserve status. From 1994 until today he has remained a retired Turkish NATO Officer in Reserve status. Therefore, his status has never changed, I repeat, has never changed. The INS proffered a "business card" that "proved" that he had worked for a U.S. company. He has never worked for a U.S. business company. He has never received a salary or any other compensation from a U.S. company. Even a cursory investigation by the INS would have fully established that fact. Furthermore, if he were being untruthful, it would seem that the INS would surely have introduced some sort of payroll documentation. But, they submitted a business card? Yes, because there is no real evidence that existed or now exists that can be presented.

According to the INS of New Orleans, the timeline of Col. Ozturk's activities in the United States is as follows:

February 1994. Col. Ozturk was admitted to the United States.
1994-1995. ???
1995-1997. Col. Ozturk was assigned to Keesler AFB MS as Turkish Exchange Officer.

1997 - Present. Col. Ozturk remained in the United States and never left after his tour at Keesler AFB MS was over, thereby changing and violating his status.

The true, irrefutable facts of the matter are as follows:

August 1990-September 1992. Col. Ozturk was assigned as the Turkish Exchange Officer at Keesler AFB MS and served under Colonel Henry S..., (228) ..., and with Lt. Colonel Joseph N, (228) 385-, in the 3305th Student Group at Keesler AFB.

September 1992-1994. Col. Ozturk was in Turkey as an active member of the Turkish Air Force until he went from active duty to reserve duty. His family remained in the U.S.

February 1994-Present. As a Reserve Turkish Air Force/NATO officer, Col. Ozturk returned to the United States on a NATO-2 Visa and was not assigned to any particular military installation or mission. He was granted permission to enter the United States in accordance with NATO Visa. Col. Ozturk is still here with the permission originally granted by the U.S Government, which is still in effect and his status has remained unchanged.

As stated above, the INS says that Col. Ozturk was admitted to the United States in February 1994 as an active NATO Officer with the rank of Lt. Colonel. The INS further states that he worked at Keesler Air Force Base in the 81st Training Group from 1995 to 1997 after being admitted to the United States in February 1994. The erroneous letter from Keesler AFB stating those dates of 1995-1997 has been corrected. One glaring example of the failure of the INS investigation techniques is the 1994-1995 portion of their timeline. I find it more than a little intriguing that they never seemed to question Col. Ozturk's whereabouts from February 1994 to 1995.

Their information is (simply stated) in error, at best, or, at worst, deliberately false. Col. Ozturk was assigned to Keesler AFB between 1990-1992 as plainly shown on the enclosed assignment order. The various "investigation" exhibits presented by the Government discussed the Keesler AFB assignment dates and asked many questions about how he got Military ID cards for his children. All those exhibits, which are based on guesses, assumptions and innuendo, are completely irrelevant after realizing the correct dates of assignment at Keesler AFB, MS.

There were questions and answers about NATO at the court.  Both the question and the answer show a complete lack of understanding of the reality of the NATO Treaty and its organization. NATO is not a company or specific military organization that hires employees. NATO is the North Atlantic Treaty Organization

...

Curiously, the INS then presented a "business card" to stress that Col. Ozturk worked for a U.S. company, specifically C.  Mfg. Corp., and, therefore, had further violated his status. They presented no other corroborating evidence to prove this point, such as dates of employment, pay records, etc., which any junior investigator could have verified with an inquiry to the company. They did not reveal the "source" of the business card during any of the court sessions. When the source was recently revealed it was astonishing to see that it came from the disgruntled landlady of Col. Ozturk who had been revealed, during court proceedings, to be lax in her duties at the apartment complex where the Col. has been in residence for many years. Col. Ozturk was and is scrupulous in never working for a U.S. company because it would violate his status. However, it would seem from the evidence submitted by the government that the simmering anger, bias and unfounded allegations of the landlady were the reasons action was taken against Col. Ozturk. Again, if Col. Ozturk had worked in violation of his status, you would assume the INS would/could should show evidence such as payroll records.

In reality, as originally stated above:

The last time Col. Ozturk was admitted to the United States was on February 1994. After completing his tour of duty at Keesler AFB from 1990-1992, he returned to Turkey and retired from the Turkish Air Force. In 1994, as a retired TUAF/NATO Reserve Officer he went through the immigration and naturalization service, obtained entrance permission, and rejoined his family. On his return to the United States, he was carrying the following documents:

a. Special Passport with NATO-2 Visa
b. His current Military ID Card Issued by Turkish Air Force on February 3, 1994 (NOTE: HE NEVER APPLIED AND NEVER HAD A U.S. MILITARY ID CARD AFTER SEPTEMBER 1992.)
c. Certificate of Officer for Active Duty (Reserve Officer Certificate) issued by the Turkish Air Force on February 2, 1994 It shows Col. Ozturk is a reserve officer until 2008.

His family has been in the United States since August 1990 with Special Passport on a NATO-2 Visa.

 His wife and his youngest son were carrying valid ID cards issued by the U.S. Department of Defense. His family has had those ID cards since 1994 after he entered the U.S. as a Reserve officer and had them issued at Keesler AFB by the authority of the Pentagon. The Pass/ID Section at Keesler AFB called the Pentagon and days later the permission to issue was granted. These ID cards are valid until May 2003.

While it is true that Col. Oztuk has never worked for a U.S. company or violated his status, he did, after September 11, 2001, offer his services, expertise and knowledge to the White House and Secretary of the Department of Homeland Security, Governor Tom Ridge. He was advised by Mississippi Legislators, after an inquiry, that his offer was sent to the White House. They, in turn, contacted the INS Headquarters in Washington D.C. The INS advised him to apply for an I-140 (E-21, National Interest Waiver) to get a government job. He applied in May 2002. Ironically, his application is still pending.

Last year, the Turkish Parliament made a decision to have an early election. Col. Ozturk, because he is a man of some stature in Turkey, decided to return to Turkey and run for a political seat on November 3, 2002. He updated his passport, bought his airline ticket, and opened a personal website to introduce free breakfast-lunch programs to the people of Turkey. He informed the INS of this decision to go to Turkey because of his pending application [I-140 (E-21, National Interest Waiver)].

He could not go. All of his plans and his family's lives were destroyed. An INS agent arrested Col. Ozturk and his family and drove Col. Ozturk to New Orleans in handcuffs, like a common criminal. His family was ordered to follow immediately in their vehicle. (Mrs. Ozturk was told that if she rode in

the same vehicle as Col. Ozturk, she too would be handcuffed and she needed to distract her children from seeing their father treated in that fashion.)

 It is aware of the following but I include to present 9 FAM 42.32(d)(5) Notes (a 4-page document that includes an explanation of how current or retired NATO officers' children can apply to adjust their status until they reach the age of 25 - see attached). Under this document his children already have the right to stay in the United States as a NATO officer's (active or retired) children. Notice the fact that if they stayed in the U.S. with a NATO visa more than half of a seven-year period, they then have the right to apply to adjust their status to permanent residency. They had already been in the United States for more than three and a half years when he returned to the United States on February 1994. 

Col. Ozturk's daughter, R, was born in the United States at the Keesler AFB Medical Center in February 1992. She is a United States citizen. She has never been in Turkey. Col. Ozturk's sons have been U.S. since August 1990. They never left the country since then.

Col. Ozturk is still waiting for the resolution of his pending application for the N.I. waiver [I-140 (E-21, National Interest Waiver)]. However, the court has now ordered his and some of his family's removal.

The court did not offer the cancellation relief to Col Ozturk and his sons K... and B. Both have been raised as good citizens of U.S. since August 1990. (Total: 13 years. They never left U.S.) All are graduated from Biloxi High School, Biloxi, MS. His oldest son U... also graduated from the University of Southern Mississippi. He accepted by Cooley Law School. He is waiting for his adjustment of status to begin his classes??? K... was a college student. He has almost two more years to go.

By the time of the August 2002 Col Ozturk's arrest, his sons appeared in all respects to be native citizens of the United States. Their language was English, not Turkish. Their appearance, mannerisms, and characteristics were those of citizens of the United States, not of Turkey. Indeed, He thought that they had in fact become U.S. citizens, and that brothers at times identified themselves as U.S. citizens. (LAGRAND CASE GERMANY v. UNITED STATES OF AMERICA) His oldest son applied to be a U.S. Citizen in 1998. However, the immigration officer told them that they have valid NATO visa. But, he should change his status first and then apply to be a citizen.

...

3.      CONCLUSION:

If the court order stays, it would open the way to the Immigration Agents and/or Police Forces in foreign countries to arrest (hand cuff) American Military Personnel (Officers, NCOs, and their families) who has proper travel documents. (Passport, with Visa, Forms similar to I-94 with D/S, Military ID cards, etc.)  International Immunities Act or Any International Agreements, State Department's Foreign Affairs Manuals, etc. would not protect any International Organizations Members and Americans. The foreign officials would have the right to arrest, to hand cuff Americans and to begin for deportation process. The foreign officials would arrest first and, second they would prepare/change their allegations during the process as much as they can!

As I said at the court, we, Turkish Officers, almost raised as a half American Officer. We were dreaming the American Dream. We learned the American way of life before coming to this land. But, this is not the country we had dream of. This is not.

In developing countries it is very common that a law enforcement officer abuses his power to make happy his friends. He/she does not hesitate to twist the laws to get the people for his personal vendetta. But, it is not normal in the United States that is trying to export justice, democracy, and freedom to the other parts of the world.

When I looked at the court script, it looks like to me an elementary school stage play. Nobody knows what he or she was talking. All fights and discussions are about how to get a Turkish Colonel. But, at the end, they decided to punish his children. His children who were brought to this country (Without their will) with an invitation of this country as NATO Officer's son when they were 6, 11 and13  years old. They rose in this country to become mature.

It is very normal in the emergent countries to abuse the government power to penalize somebody, but it is not normal in those so-called developing countries to get an ally, a friend, then not happy about the result what they got and to penalize his children. This is against those countries' centuries years old customs and cultures. They don't punish the children because of father!

 "We, too, born to freedom, and believing in freedom, are willing to fight to maintain freedom."[1]

Since August 2002, we have been reporting to INS New Orleans Office every month. Second Tuesdays of each month! Why? We don't know yet. We are looking for an answer! 

My family already has pain. However; I do not want any Americans or other NATO Countries' officers and their families have same experience that my family and I have been going through.

Dear Members of the Board;

I would like to mention a bit about U.S. International Organizations Immunities Act:

(d) Section 15 of the Immigration Act approved May 26, 1924, as amended (U.S.C., title 8, sec. 215), is hereby amended to read as follows:

"Section 15. The admission to the United States of an alien excepted from the class of immigrants by clause (1), (2), (3), (4), (5), (6), or (7) of section 37 or declared to be a nonquota immigrant by subdivision (e) Of section 4, shall be for such time and under such conditions as may be by regulations prescribed (including, when deemed necessary for the classes mentioned in clause (2), (3), (4), or (6) of section 3 and subdivision (e) of section 4, the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations prescribed) to insure that, at the expiration of such time or upon failure to maintain the status under which admitted, he will depart from the United States: Provided, That no alien who has been, or who may hereafter be, admitted into the United States under clause (1) or (7) of section 3, as an official of a foreign government, or as a member of the family of such official, or as a representative of a foreign government in or to an international organization or an officer or employee of an international organization, or as a member of the family of such representative, officer, or employee, shall be required to depart from the United States without the approval of the Secretary of State."

Section 8. (a) No person shall be entitled to the benefits of this title unless he (1) shall have been duly notified to and accepted by the Secretary of State as a representative, officer, or employee; or (2) shall have been designated by the Secretary of State, prior to formal notification and acceptance, as a prospective representative, officer, or employee; or (3) is a member of the family or suite, or servant, of one of the foregoing accepted or designated representatives, officers, or employees.

(b) Should the Secretary of State determine that the continued presence in the United States of any person entitled to the benefits of this title is not desirable7 he shall so inform the foreign government or international organization concerned, as the case may be, and after such person shall have had a reasonable length of time, to be determined by the Secretary of State, to depart from the United States, he shall cease to be entitled to such benefits.

(c) No person shall, by reason of the provisions of this title, be considered as receiving diplomatic status or as receiving any of the privileges incident thereto other than such as are specifically set forth herein.

Section 9. The privileges, exemptions, and immunities of international organizations and f their officers and employees, and members of their families, suites, and servants, provided for in this title, shall be granted notwithstanding the fact that the similar privileges, exemptions, and immunities granted to a foreign government, its officers, or employees, may be conditioned upon the existence of reciprocity by that foreign government: Provided, That nothing contained in this title shall be construed as precluding the Secretary of State from withdrawing the privileges7 exemptions, and immunities herein provided from persons who are nationals of any foreign country on the ground that such country is failing to accord corresponding privileges, exemptions, and immunities to citizens of the United States.

Section 10. This title may be cited as the "International Organizations Immunities Act."

Dear Members of the Board;

Your decision on this case is not about my deportation from this country any more. (I was going to my country with my own choice.  But, I was stopped. And, I will go to my country with my free will.)

Your judgment is a message to the world about American way of justice, democracy and freedom. Your finding is about to protect Americans at abroad.

 Sincerely,



Mustafa Kemal Ozturk

Lt. Colonel, TUAF-NATO, Res.

Enclosures:
1. NOTICE-BRIEFING SCHEDULE
2. Ltr (in error) from Keesler AFB MS dated 3 March 2003

3. BLANK
4. Special Order 62 of Assignment dated 7 August 1990
5. Ltr of Attach Orders dated 10 August 1990
6. Ltr (corrected) from Keesler AFB MS dated 30 April 2003
7. Copy of 9 FAM 42.32(d)(5) Notes
8. INS (BICE) Exhibit 11 (in error)
9. Ltr (Exhibit 11 correction) from C.  Mfg. Corp.
10. Copy of Col. Ozturk family ID's

11. Airline Ticket of Lt. Colonel Ozturk to Turkey (Issued August 2, 2002, Departure Date: September 3, 2002)

12. Notice of Action for I-140 Dated May 31, 2002

13. Letter for appointment of My Son U Ozturk for adjustment of status (Dated 07/30/2003, File Number: A 95 371 627)

14. A Copy of Passport of My wife (F  Ozturk) and three sons. (U.., K, B. Ozturk)

15. A copy of Employment Authorization Card for my wife F  Ozturk, issued on 07/29/1992 File Number: A 121000243)

16. A copy of Employment Authorization Card for my son U Ozturk, Issued on 05/02/2002 File Number: 095-371-627.

17. A copy of one of NATO Travel Orders, issued on August 27, 1993.

18. Proof of Service