Cleveland, OH – Juan (name has been changed for protection), like many other Central American natives who have recently come to the United States, sought protection from the U.S. government from the dangerous drug cartels that were overtaking his home country. Central America is one of the most violent regions in the world. The infamous recent escape of “El Chapo” from a Mexican prison on July 11 underlines the corruption that governments face in trying to combat organized crime. Cartel members victimize thousands of Central Americans each year, through extortions, kidnapping, gendered violence, murder, threats, and assault.
Juan was personally affected by the drug violence in Central America. Members of a powerful drug cartel attempted to recruit Juan’s father to transport drugs. When his father refused to join, the cartel threatened Juan’s father and family in retaliation. Between 2000 and 2004, three of Juan’s brothers and his father were brutally killed by the cartel. In October 2009, immigration officials picked up Juan during a routine bus check in West Palm Beach, Florida. Based on the deaths of his family members, Juan told immigration officials he was afraid to return to his home country and was given the opportunity to present his case before an immigration judge. Juan’s asylum application was denied, and he was deported from the United States on September 9, 2010. Juan immediately fled to the United States out of fear for his life. He was picked up at the border, criminally prosecuted, and deported again on November 10, 2010. Upon this return home, Juan was brutally stabbed and left for dead by members of the same cartel that had killed his three brothers and father.
“I was in a coma for 15 days,” said Juan who awoke in a clinic. “I had a huge scar on my stomach, and then the people in the clinic told me to leave, that the same people that had attacked me were looking for me.” Once Juan recovered, he fled to the United States. Juan has been caught at the border and deported two more times since his deportation on November 10, 2010. Each time Juan was deported, he fled his home country out of fear that he may be killed. “They were going to kill me over there. That was the reason I kept coming back,” says Juan.
While Juan was detained in 2014, Juan’s sister contacted, The Costas Network Law Center, LLC, a law firm specializing in immigration, who sent attorney Kavitha Bhagat to talk to Juan about his case. “When I met Juan he felt there was nothing he could despite his valid fear of returning to his home country,” said Bhagat. “I told Juan that although it’s a difficult process, his case stood a chance.” He hired Attorney Bhagat to represent him. “She told me that there was a lot of evidence [for my case],” said Juan. “I had lawyers before but I’ve never had one like Kavitha.”
During Juan’s hearing, Attorney Bhagat demonstrated to the Judge that it was more likely than not that Juan would suffer persecution or death if he were deported. On August 3, 2015, the Cleveland Immigration Court granted Juan Withholding of Removal, which protects him from being deported to his home country. “When [the Judge] told me his decision, I was shocked. I thought I was going back to my country,” says Juan. He credits the success of his case to his lawyer. “I was excited. Kavitha is so good. She’s a great lawyer.”
According to the U.S. Department of Justice, Immigration Courts granted 49 percent of asylum applications in 2014. When asylum is denied, many people alternatively apply for withholding of removal. In other cases, such as in Juan’s, withholding of removal is the only option available due to immigration and/or criminal history. Only 12 percent of withholding of removal applications were granted nationally in 2014.
“I’m glad that Juan’s long journey has finally come to an end and that he can safely reside in the United States with his family,” Bhagat said.
Juan’s relief was granted two days before the Cleveland GOP debate, held just down the street from his hearing. Many presidential hopefuls are focusing on illegal immigration without acknowledging the extreme levels of violence in the countries that people are fleeing. For thousands of undocumented immigrants in the United States, a deportation order could be an execution order.
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