14406: Blanchet: Two Haitian detainees win political asylum court cases

[Bob Corbett <corbetre@webster.edu>]

From: Max Blanchet <MaxBlanchet@worldnet.att.net>

> Posted on Fri, Jan. 10, 2003
>
> Two Haitian detainees win political asylum court cases
> BY JACQUELINE CHARLES
> jcharles@herald.com
>
> Two Haitian detainees who were among the more than 200 who scrambled
ashore at the Rickenbacker Causeway in Key Biscayne nearly three
>  months ago won political asylum in immigration court Thursday, a surprise
ruling for a group that has had its hearings fast-tracked and has found it
> difficult to get
>  legal representation.
>
> The migrants, both men, are believed to be the first from the Oct. 29
boatload to win their asylum claims, advocates say. Immigration officials
could
> not confirm that.
>
> ''I am very happy,'' said one of the detainees who received asylum, a
45-year-old construction worker named Pierre who declined to give his last
name.
>  ``I had a
>  lot of persecution in Haiti. It would have been very difficult for me to
return to Haiti.''
>
> In both his asylum claim and a hearing before U.S. Immigration Judge
Daniel Dowell in Miami-Dade County on Thursday, Pierre said he and his
family
> were
> repeatedly attacked because of their allegiance to the coalition opposing
President Jean-Bertrand Aristide.
>
> As a result of that support, he said his father was killed, his mother
injured and his daughter raped during the alleged Dec. 17, 2001, coup
attempts
> in Haiti.
>
> His family, including his four children, remain in Haiti. As a result of
the asylum decision Thursday, he will be able to bring them to the United
> States immediately.
>  He will also be able to apply for permanent U.S. residency status in a
year.
>
> Despite his claim, Pierre said he wasn't sure the judge would grant his
request to remain here.
>
> ''I felt discouraged because so many had gone before and had not won,'' he
said, referring to the first batch of asylum requests from the Rickenbacker
>  migrants, most of which were denied.
>
> No information was available about the second detainee who received
asylum.
>
> Both men are expected to be released from Krome detention center in West
Miami-Dade today, following completion of paperwork.
>
> Candace Jean, an attorney for Catholic Charities Legal Services who helped
Pierre fill out his claim forms and prepared him before his appearance
> Thursday, said the two victories give hope to detainees.
>
> ''Hopefully, we'll start to see others being granted,'' Jean said.
>
> Despite the optimism, Jean and other attorneys maintain that the pace at
which the asylum claims are being heard need to be slowed down so that
> lawyers can
>  prepare cases and detainees can find legal representation.
>
> Most of the detainees do not have lawyers.
>
> Neither of the men who won asylum had an attorney. But instead of viewing
Thursday's victories as a sign that detainees can win without legal
> representation, Cheryl Little, executive director of the Florida Immigrant
Advocacy Center, said: ``It speaks to the strength of the cases in general.
>
> ``In those cases where we are not able to represent someone in court, our
agency or Catholic Charities may have well prepped the Haitian asylum-seeker
>
> before the hearing.''
>
>
>
>