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Ricardo de Santiago-Carrillo, 34, who is confined at an immigration facility in El Centro, Calif., recalls the 1996 attack on his father that landed him there. "I remember seeing my hands covered in blood after I punched him," he says. De Santiago served time for that crime (and a few others that included drug abuse and threatening his family with a knife), and as a consequence may lose his permanent-resident status. After 26 years in the U.S., he is waiting to find out whether he will be sent back to Mexico, roughly 15 miles away. Fiddling with...

Author: /time Magazine | Title: Does This Boy Deserve Asylum? | 10/16/2000 | See Source »

...hurt others. Together, they are forcing the Immigration and Naturalization Service to re-examine the rights of the mentally disabled. Farah Choudhry is appealing for asylum on her son's behalf, claiming that his autism is so misunderstood that he will be persecuted if he returns to Pakistan. De Santiago is asking not to be deported, contending, through his lawyer, that the abuses at Mexico's mental institutions are tantamount to persecution...

Author: /time Magazine | Title: Does This Boy Deserve Asylum? | 10/16/2000 | See Source »

...Immigration and Nationality Act, a refugee is entitled to asylum if he or she faces "persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." The legal standard is essentially the same for refugees like De Santiago seeking permission to stay, or what is officially known as the "withholding of removal." In recent years, the definition of a social group has stretched to encompass gender (women facing genital mutilation in Togo) and sexual orientation (gay men in Mexico). For the first time, the disabled are demanding...

Author: /time Magazine | Title: Does This Boy Deserve Asylum? | 10/16/2000 | See Source »

...absence of a clear legal precedent on how to treat refugees with mental disabilities, immigration judges are adopting an ad hoc approach. On Sept. 21, a judge in York, Pa., granted the "withholding of removal" to a Chinese paranoid schizophrenic whose circumstances echo De Santiago's. He lost his residency as a result of a felony conviction. The judge found it likely that the 42-year-old man would suffer persecution in China, which advocates sterilization for the mentally ill, and agreed that the man had proved his membership in a "particular social group." A California judge issued a similar...

Author: /time Magazine | Title: Does This Boy Deserve Asylum? | 10/16/2000 | See Source »

...what's with the Democrats' attacking the entertainment industry [for violent content]? At the heart of it, Democrats and Republicans are both doing whatever it takes to grab votes so they can run the country. JOSE MIGUEL VILLOUTA Santiago...

Author: /time Magazine | Title: Letters: Oct. 9, 2000 | 10/9/2000 | See Source »

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