Seyfarth Shaw LLP Pro Bono Case Featured in The Wall Street Journal
"Buddhist Monk Faces Worldly Green-Card Matters"

Seyfarth Shaw LLP's pro bono client, Monk Phra Bunphithak Jomthong, was featured in the June 9, 2009 edition of The Wall Street Journal in the article "Buddhist Monk Faces Worldly Green-Card Matters." The article discussed how the U.S. government is threatening to deport Mr. Jomthong, who entered the U.S. four years ago on a religious visa and has since devoted himself to serving the Buddhist community in Southern California. According to the article, the U.S. government recently denied him permanent U.S. residency, or a green card, on the grounds that he was employed without authorization after his temporary religious visa lapsed. Mr. Jomthong, who is a citizen of Thailand, is now fighting in federal district court and immigration court for the right to remain in the country.

Angelo Paparelli, partner and immigration attorney at Seyfarth Shaw, who is representing Mr. Jomthong noted that at issue is the meaning of "employment." Angelo commented that "The monk may work at his religious labors but he is not employed by the temple. He took an oath of poverty and doesn't receive wages." The article also discussed how the monk's situation illustrates that "an increasingly backlogged and cautious immigration system can trip up some applicants striving to obey the law." Angelo further noted how, in Mr. Jomthong's case, the government isn't alleging fraud; just illegal employment. Angelo asserted in the article that the monk can't be considered an "employee" of Wat Buddhapanya Temple and therefore can't be deported on the grounds of working illegally. Angelo added that Mr. Jomthong's work is of a voluntary nature and he "doesn't receive any wages or other remuneration."

Most recently, the government denied Mr. Jomthong a green card again, maintaining in the decision that he had been "remunerated since [his] admission, albeit on a modest, non-salaried basis.…" Since then, Angelo filed a lawsuit against the government asking that the judge reverse the green card denial and send the case back to the government with a legal finding that volunteer and unpaid religious services aren't disqualifying forms of employment. Last week Immigration Services notified Mr. Jomthong to appear for a deportation hearing.