Human Rights: October 2009 Archives

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Julio Maldonado will be deported this week unless DHS exercises its discretion to wait until Julio's pardon request can be heard. **Action requested: call DHS and Governor Rendell at the numbers below!**

Julio and his cousin Denis Calderon, longtime lawful permanent residents from Peru, were victims of a racially-motivated attack in Philadelphia in 1996 during which Denis was beaten and stabbed. Julio and Denis were wrongfully convicted of aggravated assault while their white attackers were never charged with any crime. The original convicting judge later vacated his own verdict after reviewing expert testimony that later came to light, but the District Attorney's office appealed the decision and won on a technical argument. Now Julio stands on the brink of deportation, 38 years after arriving in the U.S. as a toddler and 32 years after receiving his green card.

Julio has spent the last 4 years in jail for "hindering his own removal" by refusing to sign the papers required to process his Peruvian travel documents. Now the Peruvian consulate has issued temporary travel documents that do not require Julio's consent, and DHS wants to deport him now. Julio filed a request for a pardon from governor Rendell on July 1, 2009, but DHS does not want to wait for a decision on the pardon. In denying Julio's request for a stay of removal last month, DHS held that Julio's desire to remain with his family instead of accepting permanent exile to Peru was considered an adverse factor weighing against an exercise of favorable discretion.

Why does DHS view family unity as an "adverse factor"?

***Please call David Venturella, Acting Director of ICE's Office of Detention and Removal Operation, at (202) 732-3100 to request that DHS allow Julio to stay in the U.S. until his request for a pardon is reviewed by Pennsylvania Governor Ed Rendell.***

***Please call Governor Rendell's office at (717) 787-2500 and ask the governor (1) to expedite review of Julio's pardon request and (2) to request that DHS wait to deport him until the pardon request is reviewed.***

If you have not yet signed the petition for Julio and Denis, please do so here.
More complete summaries of the case are available here and here, and a list of coverage is here.

About this Archive

This page is a archive of entries in the Human Rights category from October 2009.

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