EL PASO, Texas (AP) — Carlos Gutierrez passed out as the large blade cut through his legs — punishment for his refusal to pay Mexican gang extortion fees from his successful catering business in northern Mexico.
Four men had forced him into the back of his vehicle
at a local park before slicing just under his knees. He spent two weeks in
critical condition and sought asylum in Texas as soon as he was able.
Now, facing long odds on getting approval to stay in
the U.S., Gutierrez has been staging an unusual demonstration to call attention
to his plight and to the thousands of other Mexicans who seek asylum in the
U.S. each year from drug cartel violence, with little success. Gutierrez has
been riding his bicycle through Texas using his prosthetic legs, talking to
everyone he meets.
"If someone from Cuba or from Venezuela can get
asylum, why not someone from Mexico?" said Gutierrez, who spent nearly two
weeks on his 800-mile bicycle trek from El Paso to Central Texas.
U.S. law allows asylum for those who have credible
fear of persecution based on their race, religion, national origin, political
status or membership in a particular social group.
But Mexican asylum seekers have struggled to convince
U.S. courts they fit in any of these categories, with approval rates running 1
to 2 percent. By contrast, more than a fourth of immigrants from other Latin
American countries such as Colombia and Venezuela were granted asylum last
year. Many can cite ethnic or political grounds.
Along the way townspeople came out from shops and
houses to wave and talk with him during rest stops. The 35-year-old endured
rain, strong winds, flat tires and fatigue. On the fifth day, a prosthetic
specialist met him to adjust his legs because he was bruising and blistering.
"There were times when we thought it'd be best to
have him rest, to drive him to the next town to let his legs recover, but he'd
say, 'No,'" said Jaqueline Armendariz, a member of the support team for
the ride to Austin. "He has a mission."
Gutierrez said he never considered quitting.
It doesn't matter, he said, "how grave your wound
was. What matters is that you get up. I have no legs, but I am on my
feet."
"I believe everything you just told me,"
immigration Judge Stephen Ruhle told a Mexican applicant at a recent hearing in
which the man described being targeted by corrupt police officers for extortion
money. "But asylum is not applicable to cases like yours."
Some scholars have argued that many applicants should
qualify under a looser definition of "social group." A 2010 report by
the United Nations' High Commissioner for Refugees said people who, on
principle, refuse to pay extortion could be considered a group.
Other experts say the threats to individuals have
evolved since asylum categories were defined in treaties after World War II.
"Now, people are fleeing different forms of
persecution," said Karen Musalo, director of the Center for Gender and
Refugee Studies at the University of California. "There are women fleeing
from domestic violence, genital mutilation or honor killings. There are people
fleeing from drug cartels and gangs."
But others are skeptical. About 9,200 Mexicans sought
asylum last year, up from 3,560 in 2008. The increase has prompted some
lawmakers to suggest that immigrants are using the asylum system as a backdoor
way to stay into the U.S. Applicants often wait more than two years for their
court date. Gutierrez's case has been pending since 2011.
Philip Schrag, a professor of public interest law at
Georgetown University, said many applications come from Mexicans who have been
apprehended crossing illegally into the U.S.
"Many come seeking employment but are not
threatened," he said.
Gutierrez has worked in a burrito shop to help support
his wife and children while his case goes through the system. He said he has
put his life in Chihuahua behind him.
"I'd rather think about the future," he
said.
Source: Yahoo news
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