Chef Chai
loses appeal

The Thai native finds no
friends at court in his
immigration battle

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By Debra Barayuga
dbarayuga@starbulletin.com

Successful businessman and popular island chef Chai Chaowasaree has lost his bid to stay in the United States.

The 9th Circuit Court of Appeals on Friday affirmed a lower court's ruling. The U.S. District Court denied a preliminary injunction that would have prevented his deportation.

But Chaowasaree, reached at one of his restaurants yesterday, says he intends to keep working "probably until the last day."

While he is disappointed at the appellate court's ruling, he is pinning his hopes on any remaining options. "If it comes down to it, if I have to leave, I have to leave."

Lex Smith, Chaowasaree's attorney, said they have not yet spoken to the Immigration and Naturalization Service about their plans, but deportation is not likely to occur immediately because the 9th Circuit must send the case back to the lower court. Options being considered are taking the case to the U.S. Supreme Court or before the U.S. Board of Immigration Appeals.

"He feels his case has merit, and he's hopeful he can still obtain a favorable result," Smith said.

In its decision, the 9th Circuit said Chaowasaree should have pursued his objections through the administrative appeal proc-ess before going to the courts, Smith said.

Chaowasaree contended that he did not oppose his deportation order because it was sent to the wrong address, and his attorneys did not receive it until after the Immigration Board had already ordered his deportation.

The Immigration and Naturalization Service had Chaowasaree, whose real name is Vichai Sae Tung, arrested in February when he returned from visiting his ill father in his native Thailand. His legal troubles began in June 1991 when the Immigration Service denied his request for legal residency because it deemed his marriage to a Big Island woman a sham.

Chaowasaree, who was on temporary-resident status pending his appeal of the agency's denial, believed he had permission from the Immigration Service to take the trip. The Immigration Service says his attorneys advised him not to leave the United States because of his pending case. The appeal was terminated when he left.

When he returned, immigration officials denied his entry. He was paroled until his status could be determined. He later filed a motion for a preliminary injunction in U.S. District Court here, and Chief Judge David A. Ezra denied the motion.

Chaowasaree, who first arrived here in August 1985, opened two restaurants: Singha Thai Cuisine in Waikiki and Chai's Island Bistro at Aloha Tower Marketplace, both of which have garnered several restaurant awards.

He has received strong support from fellow chefs and the local community for creating job opportunities and donating his time and resources for community causes.

If and when he is deported, Chaowasaree said he will leave his restaurants in the capable hands of his sister and manager, Joy.

Donald Radcliffe, district immigration director, could not comment immediately on the agency's plans until he had a chance to review the 9th Circuit's ruling.