Akaka buys time
for popular isle chef

Chai Chaowasaree gets help in
his efforts to avoid deportation

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By Betty Shimabukuro
bshimabukuro@starbulletin.com

Deportation proceedings against chef Chai Chaowasaree have been put on hold pending completion of a U.S. Senate report requested by Hawaii Sen. Daniel Akaka.

Akaka has asked the Senate Subcommittee on the Judiciary for an advisory report on potential legislation seeking permanent residency for Chaowasaree, Donald Radcliffe, district director for the Immigration and Naturalization Service, said yesterday.

Chaowasaree said he believed he could be deported at any time, but that Akaka's involvement has made him feel much more secure. He is confident he will be able to stay in Hawaii for several more months, at least.

The immigration service has been trying to return Chaowasaree to his native Thailand for more than 10 years, based on an allegedly fraudulent marriage to a U.S. citizen.

Depending on the subcommittee's recommendation, Akaka could introduce what is called a private bill on Chaowasaree's behalf, a practice Radcliffe said was common 20 years ago, but that he has not seen used in the last 12 years.

Paul Cardus, Akaka's press secretary, said the senator is studying the case, "and he has asked the immigration service to postpone any final action pending his review."

Cardus said Akaka does not personally know Chaowasaree, who owns Singha Thai Cuisine and Chai's Island Bistro, but that a number of constituents have written to him on the popular chef's behalf. "There are issues that warrant a review," Cardus said, but would not comment further.

Radcliffe said the immigration service receives many inquiries from congressional officials, but never one that has delayed deportation to this extent. He said Akaka made his request at the end of July and a check with the subcommittee last week showed the review was still pending.

If Akaka eventually decides not pursue the case further, "we would initiate removal proceedings immediately" Radcliffe said, but if the senator moves forward with a private bill, deportation proceedings would be stayed.

Chaowasaree's case has been on appeal since 1991, but the immigration service stepped up the process a few months ago, saying Chaowasaree -- whose legal name is Vichai Sae Tung -- abandoned his appeal when he returned to Thailand last year to see his ailing father. Chaowasaree maintains that an immigration official approved his trip.

Chaowasaree was imprisoned for several weeks in February pending immediate deportation, but was released when the 9th U.S. Circuit Court of Appeals took up his case. He lost his appeal in July and a motion for reconsideration a few weeks later.

Also taking an interest in the case is state Rep. Barbara Marumoto, who wrote to the White House in August, inquiring about a presidential pardon for Chaowasaree.

An associate counsel to President Bush responded last month, saying the case has been forwarded to the Office of the Pardon Attorney in the U.S. Department of Justice.

Marumoto said she isn't "tremendously excited" about the prospects, but took action because so many of her friends are "absolutely impressed with this man."

"So many people were telling me, 'Could you help this fellow? Write to Bush,' so I said, 'OK.' Only cost me 34 cents."