EDITOR'S NOTE: KSHB 41 News I-Team's Sarah Plake spoke with Evenezer Cortez Martinez Wednesday afternoon, less than a day after he was allowed back in the country. You can read her story here and watch her story in the video player below April 9 | A Roeland Park man who was deported last month is back in the United States "We are grateful to share that my father is back home," Evenezer Cortez Martinez's daughter, Ashley Ruiz, posted online Wednesday Online court records show a civil lawsuit filed by Cortez Martinez's attorneys was dismissed late Tuesday at the request of Cortez Martinez said Cortez Martinez arrived back in the Kansas City area Tuesday afternoon his family and the rule of law," Sharma-Crawford told KSHB 41 News' Sarah Plake This is a developing story and may be updated ORIGINAL REPORT | The status of a Roeland Park man deported to Mexico last month is up in the air as a Kansas City-based immigration attorney battles for his return in federal court had traveled to Mexico City to be with family after his grandfather died His travel back to Kansas City included a flight stopover on March 23 at Dallas Fort Worth International Airport who then deported Cortez Martinez back to Mexico His family has launched a GoFundMe as part of a legal campaign to win his right to return to the Kansas City area “My father has always been an important part of our family providing support and love throughout our lives," his daughter Ashley Ruiz posted online “His deportation has not only been a devastating emotional blow but it’s also creating a significant financial burden.” local immigration rights attorney Rekha Sharma-Crawford and Texas-based attorney Amy Hsu filed an immigration lawsuit against the USCBP and the Department of Homeland Security in the U.S LINK | Read the lawsuit Cortez Martinez’s attorneys made a motion for a temporary restraining order of the government’s actions The judge in the case initially gave the federal government until Friday The government’s attorneys filed a request on Friday for an extension of time to file their response The judge agreed but only gave them until Tuesday the case has drawn the interest of Kansas Rep “This father grew up here. He went to school here. His kids go to school here,” Xu posted Monday on social media and he dared to believe that America was his home — because it was.” who worked as a painter in the Shawnee Mission School District say he had applications approved through Oct his attorneys claim in the lawsuit that he possessed his approved DACA application and an advanced parole document legally valid through April 14 When his flight from Mexico City arrived in Dallas he presented his documents to immigration officials who placed him in secondary inspection and asked Cortez Martinez questions The lawsuit alleges that following the interview a CBP officer denied Cortez Martinez entry indicating that he was “inadmissible to the United States pursuant to section 212(a)(7)(A)(i)(I) of the INA as an immigrant without an immigrant visa based on the fact that (he had been) ordered removed in absentia on June 11 The lawsuit alleges CBP officers determined Cortez Martinez’s advanced parole document “was issued in error,” subjecting him to expedited removal His attorneys say Cortez Martinez was not offered any hearing or opportunity to contest the CBP’s findings "The Beacon Kansas City" spoke to Cortez Martinezover the phone last week Cortez Martinez told them he tried to request an attorney but was told he didn't have that option Cortez Martinez was escorted to another flight and returned to Mexico City the same day Report a typo This website is using a security service to protect itself from online attacks The action you just performed triggered the security solution There are several actions that could trigger this block including submitting a certain word or phrase You can email the site owner to let them know you were blocked Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page my heart felt at peace knowing I was going to see my family," Evenezer Cortez Martinez told KSHB 41 News on Wednesday a day after coming back home to Roeland Park Cortez Martinez, painter and father of three, feared he'd never see his family again, after he was wrongfully deported and spent two weeks in Mexico Cortez Martinez went to visit his grandfather's grave in Mexico He hadn't seen his grandpa in person since he was 4-years-old That was the same year Cortez Martinez was brought to the United States Cortez Martinez built a life in the Kansas City area and is a painter by trade He has a new position with the Shawnee Mission School District He hadn't been back to his birth nation in decades "He was the one I got to talk to the most," Cortez Martinez said Cortez Martinez was required to fill out paperwork called 'advanced parole' to leave the country That paperwork was granted under the DACA program he faced some pushback at the port of entry at Dallas Fort Worth International Airport they must have given you your documents in error.' And that was just clearly not correct," Sharma-Crawford said Cortez Martinez said he couldn't believe what he was hearing as they barred his entry into the U.S is this really happening?" Cortez Martinez said He was put on a plane and sent back to Mexico the same day with no recourse to defend himself Cortez Martinez said he got off the plane in Mexico City two hours away from his relatives in Cuernavaca He had to call his uncle to come pick him up said she was following her dad's cell phone location and it seemed like he was at the Dallas airport longer than he should be we'll just wait for him to answer us.' And it turned into hours she received a text from her dad saying he wasn't coming home "I called my mom and we just started bawling our eyes out," Ruiz said Cortez Martinez said he talked to a couple of attorneys but they told him Customs and Border Patrol at the Dallas Fort Worth Airport The lawsuit said "a holder of an Advance Parole document cannot be barred from the country (removed) without a formal removal hearing before an Immigration Judge" but that Cortez Martinez was never given a hearing Sharma-Crawford learned there was an 'in absentia' removal order against Evenezer that stems back to when he first obtained DACA more than a decade ago She said that order is unenforceable because he has DACA An "in absentia" removal order happens when a person fails to show up for a removal hearing Sharma-Crawford said he never "actually got proper notice of the hearing "You can't prepare for something you don't know exists," she said Sharma-Crawford claims homeland security officials started randomly re-calendaring cases and restarting deportation cases they sent the notice to an old address and he never knew about it "I think what you are seeing is this increased enforcement mentality coming through where you're seeing people who are doing things the right way getting caught up in what's happening in the climate of: remove everyone they got word Cortez Martinez could come back home He touched down in Kansas City on April 8 to an emotional reunion with his family "When I went through customs and they told me everything was good Sharma-Crawford said Cortez Martinez's DACA paperwork is current and valid until 2026 To prevent further problems with the re-calendaring of removal orders Sharma-Crawford says they plan to reopen his case and resolve the issue KSHB 41 reporter Alyssa Jackson covers portions of Johnson County, including neighborhoods in Overland Park, Shawnee and Mission. Share your story idea with Alyssa While a sidewalk may be owned by the city you live in there's a strong chance it's your responsibility to shovel it Some residents and business owners in Roeland Park realized that after receiving a 48-hour violation notice from the city It's a grace period because the notices were issued days after the initial snowfall "We almost always shovel our sidewalk...sometimes not the very day of the snow but usually right after but I did grow up in Buffalo His sidewalk is clear but many of his neighbors hadn't shoveled yet it’s part of being in a neighborhood and part of the community I know it’s hard for people to clear a driveway and a sidewalk," Zimmer said assistant city administrator for Roeland Park They don't send code enforcement out on patrols Notices went out only after the city received complaints "We're not trying to be punitive," Jones-Lacy said we have people who are traveling with children and regularly use Roe to get up and down the corridor." you could receive a bill if the city has to complete the work "Because it has been more difficult to clear the snow after this particular event people have shoveled a more narrow path but any path is better than no path at all," Jones-Lacy said Zimmer said: "I think we just have to have a conversation and people have to get an understanding that it is their responsibility and that as an adult you either do it yourself or you hire somebody." There are volunteer snow angel programs in Roeland Park and Kansas City for seniors or people with disabilities who need help clearing sidewalks or driveways You can find information on the services for Kansas City here Roeland Park residents can contact Neighborhood Services at 913-722-2600 or kmiller@roelandpark.org A divided Overland Park City Council approved changes to the city’s development code that include new limits to the height of apartment buildings Though city staffers characterized the changes — that also included other amendments to the city’s Unified Development Ordinance — as “interim” and “incremental,” the proposal still sparked a heated discussion among councilmembers at the meeting on Monday the council approved the changes by a 7-5 vote with Mayor Curt Skoog casting the decisive affirmative vote Notably, the amendments to the code set a height limit for apartments in the city’s highest-density multifamily zoning areas They also eliminate a height minimum in the same RP-6 areas and codify what are called “transition zones” between higher-density multifamily projects — that typically rise multiple stories — and established areas of suburban homes nearby The discussion of the item — which was initially listed as part of the meeting’s consent agenda but was removed at Councilmember Jeff Cox’s request — lasted for more than an hour and at times devolved into debates about the philosophy of housing in Johnson County’s biggest city the amendments to the Unified Development Ordinance sailed through the Overland Park Planning Commission without objection Additionally, city staff have said these amendments are meant to serve as a “patch” of sorts as the city prepares to embark on a widespread overhaul of city development codes to bring them in alignment with the new comprehensive plan, Framework OP the city council approved the updates to the development code 7-5 Council President Logan Heley and Councilmembers Cox Scott Mosher and Richard Borlaza voted in dissent Mayor Curt Skoog’s yes vote was required to pass the amendments Councilmember Chris Newlin was absent from the meeting last Monday Most of the updates are focused on residential development though there are a few pieces for other types of land use Current Planning Director Brian Monberg said at last week’s meeting that the changes that have been made so far are reflective of concerns from neighbors in recent projects that have come through the planning process and common deviation requests from developers as well as changes in the development industry These amendments are “interim,” Monberg said meaning they are intended as a stop-gap measure to bring some of the city’s development code up to the new standards laid out in Framework OP ahead of a bigger update that is likely to take several months to complete councilmembers were divided over the changes to the Unified Development Ordinance The primary disagreement was the new height limit on apartments in RP-6 zoning areas with multiple councilmembers questioning the need for such a limit “We shouldn’t be adding roadblocks to adding housing in our community We should be doing everything we can to encourage housing,” Heley said “I think this seems like an unnecessary way of making building housing in our community more difficult Councilmember Mitrisin offered an alternative motion that would have approved the amendments without the apartment height limit “Why are we boxing ourselves in?” Mitrisin asked “If somebody thinks that they can support housing in our community I don’t want to negotiate against that right now.” falling short of the nine affirmative votes that would have been required to diverge from the planning commission’s recommendation Cheatham and Heley voted in favor of Mitrisin’s alternative motion Mitrisin voted to approve the amendments as recommended Cox railed against density in housing developments but did not go into detail about the problems he has with these specific updates to the Unified Development Ordinance He said the council’s housing decisions are “degrading what Overland Park is and why everyone loves it.” and there is a big cost to density,” Cox said “There’s a cost to this incessant drive for turning us into a city from a suburban community … I just don’t want Overland Park to be that.” “I see this as a way to fix some of the challenges that both our residents and our developers have faced on projects that this council has looked at,” Mayor Skoog said Cox also complained that the item was initially listed on the consent agenda items that are approved by the planning commission unanimously to be approved by the council without discussion.) felt the proposed changes centered on major issues that the city council has clashed over recently He said he’d have preferred to discuss these changes in a study session before they wound up on a city council agenda Skoog said any insinuation that the city council wasn’t being transparent or had ill intent in its approach to this issue “is outrageous and wrong.” The city still plans to do a full review of its Unified Development Ordinance in the coming months City staff have signaled that it’s likely those upcoming changes would include additional or other changes to Overland Park’s standards for apartments though it’s unclear what that might look like Any future amendments will also require approval from both the planning commission and the city council Overland Park also continues to develop a new special zoning overlay district for the College and Metcalf area that could establish separate standards for building height width and other factors to encourage mixed-use redevelopment in that prominent corridor This story was originally published by the Johnson County Post. Share on FacebookShare on X (formerly Twitter)Share on PinterestShare on LinkedInOVERLAND PARK (KCTV) - A weekend fire has destroyed the home of two Overland Park residents as crews continue to search for what sparked the blaze The Overland Park, Kansas, Fire Department says that just before 2 p.m emergency crews were called to the area of 99th and Mission Rd they said they found heavy smoke and fire billowing from the roof of a single-story home All of the occupants were reported to have evacuated safely from the house Crews indicated that they immediately started to hit the fire in the attack while others searched to confirm everyone had made it safely outside It took firefighters about half an hour to bring the blaze under control OPFD noted that no injuries were reported as a result while the rest of the home sustained significant smoke and water damage Investigators indicated that the cause of the fire remains under investigation Thanks to its symmetrical download and upload speeds fast connectivity and simple service details CNET picks AT&T Fiber as the best internet provider in Overland Park The FCC reports that fiber internet is available to just under 70% of households in Overland Park AT&T Fiber is the largest fiber provider in the area but select households may also be serviceable for fiber connectivity under Google Fiber and Everfast Fiber Everfast Fiber offers the cheapest internet plans in Overland Park costing $25 per month for 100Mbps of speed Google Fiber's 8-gigabit plan is the fastest speed available to Overland Park residents They can give you faster speeds and better bang for your buck when it comes to cost-per-Mbps The best internet deals and top promotions in Overland Park depend on what discounts are available during that period but we look frequently for the latest offers.  may offer lower introductory pricing or streaming add-ons for a limited time run the same standard pricing year-round.  For a more extensive list of promos, check out our guide on the best internet deals.  Note that these are only guidelines -- and that internet speed service and performance vary by connection type For more information, refer to our guide on how much internet speed you really need We use the FCC’s website to check our data and ensure we consider every ISP that provides service in an area We also input local addresses on provider websites to find specific options for residents including the American Customer Satisfaction Index and J.D to evaluate how happy customers are with an ISP’s service ISP plans and prices are subject to frequent changes; all information provided is accurate as of publication (Ookla is owned by the same parent company as CNET To explore our process in more depth, visit our how we test ISPs page The FCC reports that fiber internet is available to just under 70% of households in Overland Park Google Fiber's 8-gigabit plan is the fastest speed available to Overland Park residents Mo — Property deeds will reveal everything you need to know about who owns a property but many of those property deeds in Roeland Park Prairie Village and cities across the nation also tell you who couldn't own a particular property Before they became unenforceable after a 1948 U.S Supreme Court ruling and the Fair Housing Act racial covenants did not allow people of "Negro blood" and other races and religions to own signing all kinds of paperwork to move into a new home and way back in the back the papers you didn't pay attention to you see the language that says you can't live here," said Haile Sims Sims pulled his deed and the language is not in his paperwork but he lives near neighborhoods where deeds still contain racial covenants Equity and Inclusion Committee and he's heard many of the city's conversations about getting rid of the covenants "It is important to remember that part of history The cost of legal fees could reach up to six figures if a city wanted to fix the records on their own Kansas HB 2562 It creates the option to redact discriminatory language from recorded documents and change them so the redacted documents will become the documents of record "There are present realities and past realities and lots of biblical models for why both should be owned and recognized so even me as a white dude in Prairie Village saying I think this is wrong.' It's part of the history of our city and part of why we have a massive majority of white," said Morgan Greer Although Greer doesn't have discriminatory language in his deed he's among residents in Prairie Village who think the new law was long overdue "To think striking racial covenants is the end of the conversation would be crazy," he said and there's still structural work for the city to consider including affordable housing and the impact of past racial issues "Our country wasn't where it was in 1865 or 1965," he said "There are walls that have been broken through but to think we're finished with that is untrue." The City of Roeland Park states on their website they've identified where discriminatory language still exists The city's next step is to redact the discriminatory language and record new plat and covenant documents — The Seeds that Feed the Need community garden in Roeland Park is typically the site of vivacious new sprouts The community garden recognized for its generous donation has been around for 15 years serving dozens of families in the Kansas City metro area “It means a lot to me because I love the garden anyway and being in charge of it here has been a lot of fun and I enjoy working with the volunteers that come," Parker said Seeds that Feed the Need Garden provides fresh produce to two food bank each month “We just take our stuff over there and the people really enjoy getting the fresh vegetables," Parker said But the peace of this compassionate project was shattered when volunteers discovered the garden was broken into over the weekend “We about cried and it's just really sad," Parker said It's sad that they would try and steal things from that 'This is a donation garden,' so it's real upsetting.” VOICE FOR EVERYONE | Share your voice with KSHB 41’s Marlon Martinez unfortunately has been through this scenario before Its shed was broken into three years ago losing many essential garden material Parker said the impact goes beyond the garden; many of the veggies take anywhere up to 60 days to grow which sets them back in providing for those that depend on their garden “If they came in and wanted to eat something Parker said their love for the garden will not be diminished their mission will continue as they plan to replant all the lost crop The garden is always looking for volunteers, you can check out its website if you would like to learn how you can help.__ Kelly defeated current District 6 Commissioner Charlotte O’Hara in the nonpartisan contest that featured two candidates with widely divergent views on a number of key issues Kelly was the top vote-getter Tuesday night with 56% of the unofficial final count O’Hara ended the night with roughly 44% of the vote totaling 102,480 votes as of Tuesday night Kelly said he was “incredibly humbled” by the results Kelly said he wants to bring a sense of focus and respect onto the commission in addition to trusting the expertise of the county’s employees and forming state and federal partnerships.  “We really have a unique opportunity to work now to shape our county’s infrastructure for our grandkids instead of just trying to put a bandaid on the infrastructure that our grandparents gave us,” he said “And with incredible things coming to the metro region like the NFL draft hopefully the development of Brookridge and Panasonic and growth out in DeSoto — there’s a lot of exciting growth opportunities for Johnson County Janeé Hanzlick and Michael Ashcraft all retained their seats on the board Fast led on Tuesday handily with 64% of the vote while lending specialist Audra McMahon garnered 36% Fast said she is excited to continue the county’s efforts toward mental health access and we’re gonna keep moving forward,” she said “I will continue to work hard for our residents Hanzlick held off realtor Maria Holiday by a margin of 51% to 49% Hanzlick said she’s looking forward to the county’s continued work on economic development and investment in human services and transit — in addition to having “new eyes” on the commission from Kelly’s new leadership “There’s really nothing about Johnson County history that Ed Eilert doesn’t know I look forward to Mike Kelly’s new leadership increasing our regional collaboration and looking at new opportunities for what the county can do.” Ashcraft swept up 64% of the vote compared to challenger Stephanie Berland Kelly will succeed current chair Ed Eilert who is retiring after a more than 40-year career as an elected official in Johnson County — including a 12-years in the commission chair seat Kelly emphasized tax relief through an expanding economy and smart spending noting that he cut taxes twice in Roeland Park without cutting back services He has also been highly critical of Johnson County Sheriff Calvin Hayden’s use of taxpayer money to fund an investigation of voter fraud in the 2020 and 2021 elections without offering evidence calling it “extremism” and a “politically motivated stunt.” This story was originally published on the Shawnee Mission Post. 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