PERUVIAN BROTHERS GRANTED POLITICAL

ASYLUM BY LOS ANGELES IMMIGRATION

JUDGE

By:  Roman P. Mosqueda, Esq.

AILA Member

            On September 17, 2004, Los Angeles Immigration Judge Anthony T. Giattina granted asylee status to two Peruvian brothers, Cesar and Rodolfo (whose last name is withheld for their security), for well-founded fear of persecution by the Sendero Luminoso (Shining Path) terrorists, if they were deported to Peru.

            Their father, Jorge, was a Commander of the Peruvian National Police in charge of counter-terrorism and drugs, who led his soldiers in a squirmish in 1987 with the Sendero Luminoso.

            Edith Lagos, reportedly a close friend of the leader of Sendero Luminoso, Abimael Guzman, was killed in that encounter. The Sendero Luminoso terrorists sought vengeance against Jorge and his family.

Acts Of Persecution Against Jorge And Family:

            Numerous threats on the lives of Jorge and his family (wife, three sons and one daughter) from the Sendero Luminoso culminated in the placement of four or five dynamite sticks in their house and destruction of doors and windows on July 28, 1987.

            Fortunately, nobody was at home at that time.  Additional threats followed.

            In the middle of June 1993, after Jorge had retired from active duty with the Peruvian National Police after 33 years of service, an anonymous phone call indicated that they (Sendero Luminoso) do not forgive him and his family, and that there will be an attempt on his and his family’s lives.

            On or about September 18, 1993, Jorge, his wife and sister-in-law in a Toyota van were travelling in Villa El Salvador in Peru, when their vehicle was stopped by a Volkswagen, from where several armed persons came out with intent to kill them.  Fortunately, they were able to escape.

            And on or about September 24, 1993, the vehicle driven by Jorge was intercepted by a red Toyota, from which three armed men came out and attempted to board his vehicle.  Through defensive action, he was able to evade them.

            Due to the grave threats  and documented (with police reports) attempts on his and family’s lives, Jorge dispatched his eldest son Rodolfo to the United States on or about December 15, 1992.  He and his son Cesar followed on October 28, 1993.  And his wife and daughter came to the United States on May 26, 1994.  He had to wait for his retirement money to pay for their plane tickets.

            Only his son, Jorge, Jr., was left behind.  But on or about March 29, 1995, while travelling in Villa El Salvador, Peru, he was stopped by three men in a blue car, who asked where his father was.  When he refused to answer, they beat him up and drove away.  He, too, has joined his family in California, leaving no member of the family in Peru.

Asylee Status For Cesar Under The Child Status Protection Act:  

            On or about November 19, 1997, Los Angeles Immigration Judge Jay Segal (now retired) granted political asylum to Jorge, his wife and minor daughter.

            Unfortunately, Cesar, although included in the asylum application (Form I-589) of his father, had aged-out during the deportation proceedings, when he turned 21 years of age on June 26, 1997, and was not included in the grant of asylee status.

            But the Government appealed the grant of asylee status to Jorge, his wife and daughter.  After briefs were filed with the Board of Immigration Appeals, it issued a Per Curiam Decision dated July 22, 2002, affirming the grant of asylee status to Jorge, his wife and minor daughter, and considering it as the final agency determination. 

            On or about September 12, 2002, the Author, who has been representing Jorge and his family with the Immigration Court from the start of the deportation proceedings, filed the Motion of Respondent Cesar (last name withheld) for Grant of Asylee Status, under the Child Status Protection Act.

            The Motion cites Section 4 of the Child Status Protection Act, which provides that: “An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and Section 209(b)(3), if the alien attained 21 years of age after such application was filed but while it was pending.”

            At the merits hearing on September 17, 2004, the Author argued before Los Angeles Immigration Judge Anthony T. Giattina (who took over the case after Judge Jay Segal had retired) that Cesar’s case falls squarely under Section 4 of aforesaid Child Status Protection Act, because he aged-out after the asylum application had been filed, but while it was pending.

            Trial Attorney Jason Grimm of the Department of Homeland Security agreed with the Author, and had no objection and waived appeal to the grant of asylee status to Cesar under the Child Status Protection Act.  So, Judge Giattina granted final asylee status to Cesar on September 17, 2004.  After one year, he can apply for adjustment of status to lawful permanent resident.

            There is, however, a 10,000 annual cap on the number of asylees authorized to adjust status to lawful permanent resident, resulting in 20-year backlogs, as reported by AILA.

 Grant Of Asylee Status To Rodolfo: 

            When Jorge filed his Request For Asylum (Form I-589) with the Service in or about December 1993, his son Rodolfo was over 21 years of age.  So, he had to file his own asylum application. 

            Unfortunately, both asylum applications were denied by the Service in 1995, and the family placed in deportation proceedings by the issuance of Order(s) To Show Cause in 1995 and 1996 (for Rodolfo).

            At  Rodolfo’s merits hearing on his asylum application on September 17, 2004, the Author, who personally represented him, filed his Respondent’s Trial Brief, presented him and his father Jorge, as witness to past persecution and the likelihood of future persecution, if he were deported to Peru.

            Indeed, the Author also submitted as evidence the U.S. Department of State Country Reports on Human Rights Practices – 2003 – in Peru dated February 25, 2004.  Page 1 of aforesaid Country Report(s) states that: “The terrorist organization Shining Path (Sendero Luminoso) was responsible for killings and other abuses.”

            And page 4 thereof further states that: “The terrorist group Sendero Luminoso continued to commit acts of violence leading to the deaths of civilians as well as military and police officials.  Sendero killed eight persons during the year (2003): five members of the police, two ronderos (members of rural peasant self-defense forces), and a community leader in the Huallaga Valley.”

            With no opposition from Trial Attorney Jason Grimm of the Department of Homeland Security, Judge Giattina granted asylee status to Rodolfo.  The grant was final because both parties waived appeal.

            Thus, after ten years, all family members of a retired Commander of the Peruvian National Police, who were pursued by the terrorist Sendero Luminoso and who applied for asylum, were ultimately granted asylee status in Southern California.