18178: (Hermantin)Sun-Sentinel-Haitian teen wins reprieve in battle for residency (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Haitian teen wins reprieve in battle for residency

By Tanya Weinberg
Staff Writer
Posted January 30 2004

The orphaned Haitian refugee whose story inspired the support of U.S.
congressmen, national human rights groups, and South Florida's immigrant
advocacy and Haitian communities won a key battle in his fight for legal
residency Friday.

After months of dispute over his age, the Department of Homeland Security
agreed to recognize Ernso "Ernesto" Joseph as a juvenile and allow him to
make a case in state court that he is an abused, abandoned or neglected
child.

If approved, Joseph, 16, would be eligible for a special immigrant visa and
free of the deportation order that nearly sent him back to Haiti in October.

"It's been a very difficult fight. I got to tell you this is a pretty good
day," said John Schelble,chief of staff for Rep. Kendrick Meek, D-Miami.
"They threw as many roadblocks into his path as possible, and they've done
this since he first landed in October 2002."

Meek helped halt Joseph's deportation when the youth was rearrested Oct. 2.
Joseph spent a total of 11 months in detention, 71/2 in the Krome detention
center for adult immigrants and 31/2 more alone in a guarded hotel room when
he was rearrested.

He arrived by boat 15 months ago with more than 200 Haitians, many of whom
flung themselves into Biscayne Bay in a scene captured on national
newscasts. He won his asylum case but lost his appeal.

On Jan. 16, Joseph was again headed for deportation when Meek's office was
told that a Homeland Security official had mistakenly told the congressman
earlier in the day that Joseph would be released and recognized as a
juvenile.

Hours later officials reversed themselves again and announced they would
release Joseph. But, they said, his age was still in question.

Officials had questioned the validity of birth records, and Joseph's pro
bono legal team worked for months to collect authenticating evidence.

U.S. Immigration and Customs Enforcement based their initial assessment that
Joseph was an adult on controversial bone and wrist X-ray analyses that
experts say have a margin of error of several years.

Thursday the dispute ended in Joseph's favor, and his uncle Adelphin Pierre
returned to his Miami Gardens home to explain the good news to the quiet
young man.

"He seemed happy," Pierre said. "I feel great."

"I know it's not over, but to me it seems to be a big step," Pierre said. "I
think we have a good chance. I feel very excited about it."      Email story
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