Nicaragua is experiencing a politically volatile situation right now. President Daniel Ortega and his wife, Rosario Murillo, have hijacked the Sandinista party and have turned the party into their own personal cult. If you are against President Daniel Ortega or simply for a free Nicaragua, you will receive a jail, death, or exile sentence.
Our client fled Nicaragua in 2016 because of political oppression. As a member of the partido liberal constitucionalista (PLC), he believed in political freedom, free speech, and the freedom to do with your life what you will. He was also a farmer, a campesino. President Daniel Ortega’s government heavily dominates and monopolizes the farming industry in Nicaragua. Nicaraguan campesinos are not free to make their own decisions regarding the sale of their crops, and many of them live in extreme poverty. In 2016, government officials threatened to kill our client because he was a politically active campesino. Our client knew these men would kill him eventually so he fled to the Untied States.
A photo of President Daniel Ortega and his wife, Rosario Murillo, who shares political power with him.
Nicaraguans marching with the flag of Nicaragua. Currently displaying the Nicaraguan flag is very dangerous. President Daniel Ortega interprets pride in Nicaragua as a political attack on him and his ruling Sandinista party.
Unfortunately, when our client got to the U.S.-Mexico border, U.S. border officials failed to flag him for a possible asylum claim and instead put him in expedited removal. Expedited removal is a process where border officials can quickly remove people found at the border without giving them an opportunity to see an immigration judge. Many times, border officials fail to screen immigrants for humanitarian protections the law provides. If someone is a good faith asylum seeker, then they have a right to be heard and apply for asylum according to U.S. federal law. While removing our client, border officials put our client on a flight to another country instead of Nicaragua. After his first removal, our client came back to the United States.
In 2021, Immigration and Customs Enforcement (ICE) reinitiated removal proceedings against our client to remove him from the United States again. But, he had hope and one last shot to ask the federal government to let him stay. The United States is a signatory of Article 33 of the Refugee Protocol. We have promised to never return any human being to a country where they will be persecuted on account of their race, religion, nationality, political opinion, or membership in a particular social group or tortured by their government no matter what. Attorney Margaret R. Knight notified ICE that our client deserved protection under Article 33 and ICE halted his removal from the United States while his claim for protection under Article 33 was heard. Our client got the opportunity to tell his story to an immigration judge in hopes that the judge would officially stop his removal from the Untied States and permit him to remain in a country where he was free and safe. To win this case, the client had to meet a very high standard. The client had to prove to the immigration judge that there was a 51% chance that the client would be killed or tortured if he were forced to return to Nicaragua.
At his trial, an expert on Nicaraguan politics testified that our client would be killed or tortured if ICE forced him to return to Nicaragua. The country expert stated that, because of our client’s political involvement in an opposition party and his activism as a campesino, our client would be a prime target for murder and torture by President Daniel Ortega’s government. At the end of the trial, the immigration judge held that our client qualified for protection and should not be removed to Nicaragua. The ICE attorney agreed as well and waived appeal. Now, our client is free in the United States and just applied for work authorization. He has permission to remain in the United States where he can safely live and thrive.
Are you currently in removal proceedings or do you have questions about an outstanding removal order? Were you apprehended by border officials on the U.S.-Mexico border but were not properly screened for asylum and you have a fear to return to your country? Call or text (317) 534-6382 to schedule a free initial intake and legal consultation today!
Each immigration case is different and Attorney cannot guarantee results.
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