1 00:00:00,920 --> 00:00:04,040 Speaker 1: This is Latino USA, the radio journal of News and 2 00:00:04,160 --> 00:00:09,600 Speaker 1: Kurturre Latino USCI Latino USA. I'm Maria Inojosa. We bring 3 00:00:09,640 --> 00:00:13,000 Speaker 1: you stories that are underreported but that mattered to you, 4 00:00:13,160 --> 00:00:15,520 Speaker 1: overlooked by the wrestler media, and while the country is 5 00:00:15,560 --> 00:00:17,960 Speaker 1: struggling to deal with these, we listen to the stories 6 00:00:17,960 --> 00:00:21,919 Speaker 1: of Black and Latino Studios United, Latino Front, a cultural 7 00:00:21,960 --> 00:00:27,480 Speaker 1: renaissance organizing at the forefront of the movement. I'm Maria Inojosa, 8 00:00:27,800 --> 00:00:33,600 Speaker 1: nose Bayan or La Latino USA. Listener, We're going to 9 00:00:33,680 --> 00:00:38,000 Speaker 1: continue our look back at thirty years of impactful journalism 10 00:00:38,320 --> 00:00:41,040 Speaker 1: made right here at Latino USA, and we're going to 11 00:00:41,120 --> 00:00:44,680 Speaker 1: listen to an award winning episode from Los Archibos. It's 12 00:00:44,720 --> 00:00:48,880 Speaker 1: called At the Mercy of the Courts and a quick 13 00:00:48,920 --> 00:00:52,599 Speaker 1: warning that this episode has some descriptions of violence, including 14 00:00:52,640 --> 00:00:54,520 Speaker 1: a brief mention of sexual violence. 15 00:00:55,400 --> 00:00:58,280 Speaker 2: For most of his twenties, Elvis ran an internet cafe 16 00:00:58,520 --> 00:01:01,280 Speaker 2: in a small town in the mountains outside Guatemala City, 17 00:01:01,880 --> 00:01:05,440 Speaker 2: and one day in twenty fourteen, he noticed this girl. 18 00:01:06,520 --> 00:01:08,959 Speaker 2: She kept coming around to print out homework assignments. 19 00:01:09,160 --> 00:01:09,400 Speaker 3: You know what. 20 00:01:12,319 --> 00:01:15,840 Speaker 2: The girl's name was Wendy and Elvis says he started 21 00:01:15,920 --> 00:01:19,280 Speaker 2: noticing that she was printing out the same assignment over 22 00:01:19,360 --> 00:01:26,040 Speaker 2: and over again, so he'd teas her Lizy. He'd say, 23 00:01:26,160 --> 00:01:30,000 Speaker 2: I just printed this for you yesterday, and Wendy would say, well, 24 00:01:30,400 --> 00:01:35,160 Speaker 2: printed again, which Elvis took as a sign. But they 25 00:01:35,240 --> 00:01:40,399 Speaker 2: liked each other. Eventually they started dating. 26 00:01:40,800 --> 00:01:46,920 Speaker 4: This is Wendy even masalacin na manoa almla a camina camelal. 27 00:01:47,400 --> 00:01:49,840 Speaker 2: They'd go to the movies, they'd wander around the mall 28 00:01:49,880 --> 00:01:55,480 Speaker 2: eating ice creamos. Pretty soon they were inseparable. A year 29 00:01:55,480 --> 00:01:58,880 Speaker 2: after they started dating, they got married. Elvis was twenty eight, 30 00:01:59,120 --> 00:02:07,600 Speaker 2: Wendy was twenty ostrom Wendy says it was an unforgettable day. 31 00:02:08,040 --> 00:02:11,320 Speaker 2: She especially loved her dress. It was a fairytale wedding 32 00:02:11,400 --> 00:02:13,960 Speaker 2: dress with a poofy skirt and pearls all over the 33 00:02:14,000 --> 00:02:16,200 Speaker 2: bust and a glittery tiara with a veil. 34 00:02:16,600 --> 00:02:17,320 Speaker 3: But I say also. 35 00:02:19,120 --> 00:02:21,240 Speaker 2: They moved into an apartment on the lower level of 36 00:02:21,240 --> 00:02:25,119 Speaker 2: Wendy's parents' home. Wendy was a nursing school. Elvis worked 37 00:02:25,120 --> 00:02:30,280 Speaker 2: at his internet cafe. It was a sweet, quiet life. 38 00:02:33,160 --> 00:02:35,639 Speaker 2: But less than a year after their wedding, this was 39 00:02:35,680 --> 00:02:39,680 Speaker 2: a fall of twenty eighteen, Wendy's mom got an anonymous call. 40 00:02:40,919 --> 00:02:43,760 Speaker 2: The voice on the phone sounds cheerful, but this is 41 00:02:43,840 --> 00:02:52,919 Speaker 2: not a friendly call. This is an extortion. The caller 42 00:02:52,960 --> 00:02:56,480 Speaker 2: asks for twenty thousand gitzales that's about twenty six hundred 43 00:02:56,639 --> 00:02:59,960 Speaker 2: US dollars. Wendy's teenage brother is there with her mom 44 00:03:00,320 --> 00:03:10,720 Speaker 2: and they start to record a video. Wendy's mom says, 45 00:03:10,919 --> 00:03:12,760 Speaker 2: I don't know if I can pay. I don't have 46 00:03:12,800 --> 00:03:16,200 Speaker 2: the money, and at that point the call gets more aggressive. 47 00:03:21,520 --> 00:03:23,400 Speaker 2: The caller says, if you're not going to pay up, 48 00:03:23,919 --> 00:03:28,840 Speaker 2: we're going to terrorize you. The caller says he's from 49 00:03:28,880 --> 00:03:31,959 Speaker 2: one of the largest gangs in Central America. Elvis asked 50 00:03:32,000 --> 00:03:34,160 Speaker 2: us not to use the name out of fear of retaliation. 51 00:03:34,920 --> 00:03:36,800 Speaker 2: If you get a call like this and you don't 52 00:03:36,800 --> 00:03:44,400 Speaker 2: pay up, the cost can be very high. The caller says, 53 00:03:44,560 --> 00:03:46,720 Speaker 2: if you don't pay, or if you go file a 54 00:03:46,760 --> 00:03:55,360 Speaker 2: complaint with the police, they'll kill Wendy's little brother, Danny, 55 00:03:55,520 --> 00:03:58,560 Speaker 2: who's sitting there listening to the call. They say they'll 56 00:03:58,560 --> 00:04:02,280 Speaker 2: cut off his limbs, wanted to time, and finally his head. 57 00:04:05,200 --> 00:04:07,839 Speaker 2: The caller knows a lot about the family. He knows 58 00:04:07,840 --> 00:04:10,120 Speaker 2: their names and where they live and what they all 59 00:04:10,120 --> 00:04:13,040 Speaker 2: do for a living. And after Danny, he turns to 60 00:04:13,080 --> 00:04:30,359 Speaker 2: Elvis and Wendy. He says they're watching Elvis and that 61 00:04:30,400 --> 00:04:33,160 Speaker 2: if the family doesn't pay up, they'll rape Wendy and 62 00:04:33,200 --> 00:04:42,640 Speaker 2: dismember her too. And this phone call, it wouldn't be 63 00:04:42,680 --> 00:04:43,160 Speaker 2: the last. 64 00:04:48,640 --> 00:04:51,920 Speaker 1: From media and p r X. It's Latino U s A. 65 00:04:52,120 --> 00:04:57,000 Speaker 1: I'm Adria today. The story of Elvis and Wendy their 66 00:04:57,120 --> 00:05:02,000 Speaker 1: journey out of and into a punishing asylum system that 67 00:05:02,000 --> 00:05:10,680 Speaker 1: would upend their lives. In the summer of twenty eighteen, 68 00:05:11,240 --> 00:05:14,279 Speaker 1: just a couple of months before Wendy's family got that 69 00:05:14,400 --> 00:05:18,719 Speaker 1: extortion call, then Attorney General Jeff Sessions spoke at a 70 00:05:18,800 --> 00:05:20,680 Speaker 1: conference for immigration judges. 71 00:05:21,000 --> 00:05:27,560 Speaker 5: Thank you very much, thank you, it is great to 72 00:05:27,600 --> 00:05:31,400 Speaker 5: be with you, and say, this large crowd, and we'd 73 00:05:31,480 --> 00:05:34,280 Speaker 5: like to have a bigger crowd next year. We are 74 00:05:34,320 --> 00:05:35,760 Speaker 5: going to have one next year. 75 00:05:36,000 --> 00:05:38,520 Speaker 1: And at the time he made this speech, Sessions was 76 00:05:38,520 --> 00:05:41,400 Speaker 1: in the middle of orchestrating a massive overhaul to how 77 00:05:41,400 --> 00:05:45,680 Speaker 1: the immigration courts function, especially for people seeking asylum. 78 00:05:45,760 --> 00:05:49,120 Speaker 5: The asylum system is being abused to the detriment of 79 00:05:49,200 --> 00:05:53,480 Speaker 5: the rule of law, sound to public policy, public safety. 80 00:05:53,640 --> 00:05:56,839 Speaker 1: Even Sessions thought that too many people were coming to 81 00:05:56,880 --> 00:06:00,000 Speaker 1: the US and using asylum as a kind of excuse 82 00:06:00,320 --> 00:06:01,359 Speaker 1: to get into the country. 83 00:06:01,520 --> 00:06:05,920 Speaker 5: Asylum was never meant to alleviate all problems, even all 84 00:06:06,040 --> 00:06:11,320 Speaker 5: serious problems that people face every day all over the world. 85 00:06:11,520 --> 00:06:14,120 Speaker 1: So he lays out some of the big changes he's making, 86 00:06:14,640 --> 00:06:17,920 Speaker 1: like pushing judges to make decisions about cases more quickly. 87 00:06:18,200 --> 00:06:22,240 Speaker 5: We have to be very productive. Volume is critical, it 88 00:06:22,440 --> 00:06:22,960 Speaker 5: just is. 89 00:06:23,600 --> 00:06:27,000 Speaker 1: And narrowing the reasons people can get asylum. 90 00:06:26,720 --> 00:06:31,160 Speaker 5: In my judgment, this will be a correct interpretation of 91 00:06:31,200 --> 00:06:34,560 Speaker 5: the law, and it will be your duty, of course, 92 00:06:34,600 --> 00:06:36,520 Speaker 5: to carry that out. 93 00:06:36,800 --> 00:06:39,960 Speaker 1: His goal was to change the calculus for people who 94 00:06:39,960 --> 00:06:41,920 Speaker 1: were heading to the US Mexico border. 95 00:06:42,400 --> 00:06:45,640 Speaker 5: The world will know what our rules are, and great 96 00:06:45,720 --> 00:06:50,200 Speaker 5: numbers will no longer undertake this dangerous journey. The number 97 00:06:50,240 --> 00:06:54,080 Speaker 5: of illegal aliens and the number of baseless claims will 98 00:06:54,120 --> 00:06:55,480 Speaker 5: fall now. 99 00:06:55,520 --> 00:06:59,760 Speaker 1: As you may remember, Sessions resigned about five months after this. 100 00:06:59,680 --> 00:07:11,600 Speaker 5: Speed Thank you all and God bless. 101 00:07:07,880 --> 00:07:11,200 Speaker 1: But the changes he was making to immigration courts, they 102 00:07:11,240 --> 00:07:19,400 Speaker 1: would live on without him. Our story today is co 103 00:07:19,480 --> 00:07:23,640 Speaker 1: reported with Documented, a nonprofit news site that covers immigrants 104 00:07:23,680 --> 00:07:27,000 Speaker 1: in New York City, co founded by Max Siegelbaum and 105 00:07:27,120 --> 00:07:31,760 Speaker 1: Mazin Sidakhmed in twenty nineteen. They sent reporters inside the 106 00:07:31,760 --> 00:07:35,640 Speaker 1: immigration court system from when they opened until they closed, 107 00:07:36,160 --> 00:07:39,000 Speaker 1: five days a week for three months to sit in 108 00:07:39,040 --> 00:07:43,200 Speaker 1: on hundreds of immigration hearings, and what they observed there 109 00:07:43,360 --> 00:07:46,800 Speaker 1: was an asylum system that has become an increasingly punishing 110 00:07:46,920 --> 00:07:54,120 Speaker 1: process to navigate, especially for Central Americans. Documented brings us 111 00:07:54,160 --> 00:07:57,440 Speaker 1: the couple at the center of our story today, Wendy 112 00:07:57,520 --> 00:08:00,880 Speaker 1: and Elvis. At the beginning of this you heard from 113 00:08:00,920 --> 00:08:05,080 Speaker 1: Latino USA producer Alissa Scarce. She's now going to continue 114 00:08:05,120 --> 00:08:08,240 Speaker 1: telling their story, and a note here that we're identifying 115 00:08:08,280 --> 00:08:12,440 Speaker 1: them only by their first names for their safety. Alisa 116 00:08:12,640 --> 00:08:13,520 Speaker 1: picks it up from here. 117 00:08:16,280 --> 00:08:20,120 Speaker 2: After that first extortion call, Wendy's family got really scared. 118 00:08:20,720 --> 00:08:23,400 Speaker 2: They knew these were not empty threats. The news was 119 00:08:23,440 --> 00:08:26,160 Speaker 2: full of stories about people who'd been killed after failing 120 00:08:26,160 --> 00:08:29,280 Speaker 2: to pay an extortion, but Wendy says her family didn't 121 00:08:29,320 --> 00:08:32,719 Speaker 2: have the money and so instead, that same day they 122 00:08:32,720 --> 00:08:37,080 Speaker 2: decided to do exactly what they'd been told not to. 123 00:08:39,040 --> 00:08:42,480 Speaker 2: They filed a complaint with Guatemala's Public Ministry Elvis says, 124 00:08:42,520 --> 00:08:45,560 Speaker 2: it's like the Guatemala FBI. They decided to skip the 125 00:08:45,600 --> 00:08:47,720 Speaker 2: local police because they were worried they were tied up 126 00:08:47,720 --> 00:08:59,079 Speaker 2: with the gangs, which is also common as Wendy's mom 127 00:08:59,160 --> 00:09:02,080 Speaker 2: left her phone so the authorities could investigate, and a 128 00:09:02,120 --> 00:09:04,559 Speaker 2: week later, Wendy says, the family got a call from 129 00:09:04,559 --> 00:09:18,719 Speaker 2: the Public Ministry the investigation was complete yet niangdo is 130 00:09:20,240 --> 00:09:23,480 Speaker 2: car Wehny's parents went to pick up the phone, and 131 00:09:23,520 --> 00:09:26,640 Speaker 2: Wendy says the investigators told them they knew who was calling. 132 00:09:27,040 --> 00:09:30,199 Speaker 2: The extortionist was a known criminal and he was calling 133 00:09:30,240 --> 00:09:31,880 Speaker 2: from inside a prison. 134 00:09:34,960 --> 00:09:43,360 Speaker 4: Persona. 135 00:09:43,920 --> 00:09:46,720 Speaker 2: Wendy says, the investigator told them that there wasn't anything 136 00:09:46,760 --> 00:09:49,640 Speaker 2: they could do since the caller was already in prison. 137 00:09:50,240 --> 00:09:52,960 Speaker 2: That was as far as the investigation would go. We 138 00:09:53,080 --> 00:09:55,560 Speaker 2: called the Public Ministry several times to ask about this, 139 00:09:56,000 --> 00:09:58,760 Speaker 2: but we weren't able to get any more information. But 140 00:09:58,960 --> 00:10:01,520 Speaker 2: knowing the caller was in didn't do much to make 141 00:10:01,520 --> 00:10:05,760 Speaker 2: Wendy's family feel safer. Gangs and Guatemala often use prisons 142 00:10:05,840 --> 00:10:09,120 Speaker 2: as a kind of headquarters. The Guatemalan police itself has 143 00:10:09,160 --> 00:10:12,200 Speaker 2: reported that the vast majority of extortions have a link 144 00:10:12,240 --> 00:10:13,240 Speaker 2: to a prison. 145 00:10:13,200 --> 00:10:23,640 Speaker 4: Giles Tam was assailable bourgue namas persona's qui aeso. 146 00:10:25,720 --> 00:10:28,640 Speaker 2: Wendy's family figured the caller had plenty of people on 147 00:10:28,679 --> 00:10:32,120 Speaker 2: the outside doing his bidding, So Wendy's mom closed for 148 00:10:32,200 --> 00:10:35,280 Speaker 2: laundry service and Elvis packed up his internet cafe and 149 00:10:35,360 --> 00:10:38,240 Speaker 2: they moved their whole lives to a town three hours away. 150 00:10:40,200 --> 00:10:43,080 Speaker 2: But over the next couple months, the threats kept coming. 151 00:10:43,559 --> 00:10:47,080 Speaker 2: They'd get texts with photos of mutilated bodies. At one point, 152 00:10:47,160 --> 00:10:49,720 Speaker 2: Elvis says he was pulled over by two police officers 153 00:10:49,720 --> 00:10:53,040 Speaker 2: who recommended he pay the gang. Then a guy on 154 00:10:53,080 --> 00:10:55,439 Speaker 2: a red motorcycle showed up at their old house looking 155 00:10:55,480 --> 00:10:57,520 Speaker 2: for them, and he threatened the man who was living 156 00:10:57,559 --> 00:10:59,720 Speaker 2: there when the man wouldn't tell him where the family 157 00:10:59,720 --> 00:11:02,640 Speaker 2: had go on, so the family filed another report with 158 00:11:02,679 --> 00:11:14,840 Speaker 2: the authorities, and again, Wendy says, nothing happened, and at 159 00:11:14,840 --> 00:11:19,120 Speaker 2: that point the family's calculus started to change. Two months 160 00:11:19,120 --> 00:11:22,080 Speaker 2: after that first extortion call, Wendy's mom decided that she 161 00:11:22,160 --> 00:11:24,600 Speaker 2: was going to take Wendy's little brother, Danny, the one 162 00:11:24,600 --> 00:11:27,240 Speaker 2: who the gang had threatened to chop into pieces, and 163 00:11:27,360 --> 00:11:31,959 Speaker 2: take him as far away as she could get him. 164 00:11:32,200 --> 00:11:34,240 Speaker 2: Wendy had two older brothers who'd been living on Long 165 00:11:34,280 --> 00:11:38,040 Speaker 2: Island for about a decade, and so in November twenty eighteen, 166 00:11:38,520 --> 00:11:42,280 Speaker 2: Wendy's mom took Danny and set out to join them. 167 00:11:42,160 --> 00:11:44,839 Speaker 3: To the theater. But I don't know, said create in theas. 168 00:11:44,480 --> 00:11:47,200 Speaker 2: The family started pushing Elvis and Wendy to leave too, 169 00:11:47,800 --> 00:11:55,560 Speaker 2: and at first Elvis resisted. He'd read a lot in 170 00:11:55,640 --> 00:11:57,800 Speaker 2: the news about how hard life could get for people 171 00:11:57,840 --> 00:12:00,920 Speaker 2: who tried to cross the border without papers. But then 172 00:12:01,200 --> 00:12:03,920 Speaker 2: just after the new year, Wendy got one more piece 173 00:12:04,000 --> 00:12:05,160 Speaker 2: of information. 174 00:12:05,960 --> 00:12:15,680 Speaker 4: Amatula aliki si momento complical. 175 00:12:16,400 --> 00:12:19,120 Speaker 2: Wendy took a pregnancy test and it came out positive, 176 00:12:19,640 --> 00:12:22,600 Speaker 2: which normally would have been great news. They were excited 177 00:12:22,600 --> 00:12:24,760 Speaker 2: to have their first kid and had already talked about 178 00:12:24,760 --> 00:12:27,520 Speaker 2: baby names, but this was not the world that they 179 00:12:27,520 --> 00:12:30,800 Speaker 2: wanted to bring a baby into, and the threatening phone 180 00:12:30,840 --> 00:12:32,400 Speaker 2: calls were still coming. 181 00:12:32,920 --> 00:12:35,720 Speaker 3: Does that even on the tomla is on the because 182 00:12:35,760 --> 00:12:36,560 Speaker 3: I went of his own. 183 00:12:36,960 --> 00:12:39,520 Speaker 2: They decided it was time to go. They were going 184 00:12:39,520 --> 00:12:43,120 Speaker 2: to the United States to ask for asylum. They left 185 00:12:43,200 --> 00:12:46,000 Speaker 2: that same month, in January of twenty nineteen, and the 186 00:12:46,040 --> 00:12:49,040 Speaker 2: trip itself was pretty easy. Coyotes were charging around five 187 00:12:49,080 --> 00:12:51,600 Speaker 2: thousand dollars a person at the time, so Elvis sold 188 00:12:51,640 --> 00:12:54,240 Speaker 2: his car and borrowed some money, and they headed north 189 00:12:54,480 --> 00:12:58,600 Speaker 2: and Cruz, first by bus to Vera Cruz on Mexico's 190 00:12:58,600 --> 00:13:04,320 Speaker 2: atlantic coast, then by plane to Renosa, just across the 191 00:13:04,360 --> 00:13:07,520 Speaker 2: border from South Texas, and at that point Elvis thought 192 00:13:07,520 --> 00:13:09,400 Speaker 2: that coyote was going to drop them off at an 193 00:13:09,440 --> 00:13:12,000 Speaker 2: official port of entry, which is where you're supposed to 194 00:13:12,040 --> 00:13:15,120 Speaker 2: apply for asylum, but instead they were taking to the 195 00:13:15,200 --> 00:13:18,640 Speaker 2: Rio Grande and piled into rafts. Halfway across, they got 196 00:13:18,679 --> 00:13:21,560 Speaker 2: out and started to walk. The current was strong, but 197 00:13:21,559 --> 00:13:23,240 Speaker 2: they made it to the other side. 198 00:13:23,000 --> 00:13:26,640 Speaker 4: HeLa Rio Heron. 199 00:13:29,480 --> 00:13:31,760 Speaker 2: As they climbed out of the river, pain ripped through 200 00:13:31,760 --> 00:13:37,520 Speaker 2: the side of Wendy's belly, and as they started walking 201 00:13:37,559 --> 00:13:39,640 Speaker 2: through the desert, the pain kept coming. 202 00:13:40,400 --> 00:13:49,440 Speaker 4: Santhia Como where comalcaminaria halng Hey Rondolovian fail. 203 00:13:50,800 --> 00:13:53,199 Speaker 2: It was strong and it pulls through her body as 204 00:13:53,240 --> 00:13:57,920 Speaker 2: she walked. Wendy remembers walking for about an hour and 205 00:13:57,960 --> 00:13:59,960 Speaker 2: a half before they were picked up by border patrol 206 00:14:00,160 --> 00:14:02,880 Speaker 2: agents and she was scared as they lined them up 207 00:14:02,960 --> 00:14:05,560 Speaker 2: and drove them to a detention center. They took their 208 00:14:05,600 --> 00:14:08,640 Speaker 2: photos and fingerprints, and Wendy told the officers about the 209 00:14:08,640 --> 00:14:13,400 Speaker 2: pain in her belly, and then, in a moment, it 210 00:14:13,440 --> 00:14:16,120 Speaker 2: seems more meaningful now than it did at the time, 211 00:14:16,800 --> 00:14:20,360 Speaker 2: she says. The agent started dividing them into cells, men 212 00:14:20,400 --> 00:14:41,360 Speaker 2: on one side, women on the other. Wendy remembers hugging 213 00:14:41,400 --> 00:14:43,960 Speaker 2: Elvis for a few minutes, and then she followed the 214 00:14:43,960 --> 00:14:54,040 Speaker 2: other women into the women's cell. Elvis watched her walk away. 215 00:14:56,480 --> 00:14:59,520 Speaker 2: He says their hair was all messy, and Wendy's pregnant 216 00:14:59,560 --> 00:15:03,520 Speaker 2: belly was just starting to poke out. That night, Wendy 217 00:15:03,520 --> 00:15:05,480 Speaker 2: says guards took her to the hospital to have the 218 00:15:05,480 --> 00:15:08,560 Speaker 2: pain checked out. She was worried about the baby, but 219 00:15:08,640 --> 00:15:10,840 Speaker 2: the doctor examined her and he told her the baby 220 00:15:10,920 --> 00:15:13,640 Speaker 2: was fine. She was relieved and was taken back to 221 00:15:13,680 --> 00:15:14,560 Speaker 2: the detention center. 222 00:15:15,840 --> 00:15:21,240 Speaker 4: Maririsar I says, Yah no viam suppose. 223 00:15:21,600 --> 00:15:24,960 Speaker 2: But when she got back, no Elvis he wasn't in 224 00:15:25,000 --> 00:15:26,840 Speaker 2: the cell where she'd seen him before. 225 00:15:26,520 --> 00:15:31,080 Speaker 4: She left person in La mis Masilla and Yosa. 226 00:15:34,920 --> 00:15:36,960 Speaker 2: So Wendy went around and she asked the women in 227 00:15:37,000 --> 00:15:39,600 Speaker 2: her cell if they knew where he'd been taken, but 228 00:15:39,720 --> 00:15:41,680 Speaker 2: all they could tell her was that he'd been moved 229 00:15:41,760 --> 00:15:49,200 Speaker 2: somewhere they didn't know where. And then the next day, 230 00:15:49,640 --> 00:15:51,920 Speaker 2: Wendy was told she was going to be released because 231 00:15:51,920 --> 00:15:55,000 Speaker 2: she was pregnant. Islets out pregnant women on a case 232 00:15:55,040 --> 00:15:57,600 Speaker 2: by case basis, so she would get to wait for 233 00:15:57,640 --> 00:16:00,600 Speaker 2: her immigration court date from her brother's home One Island. 234 00:16:01,640 --> 00:16:03,720 Speaker 2: Her older brother got her a bus ticket to Dallas 235 00:16:03,760 --> 00:16:08,840 Speaker 2: and a flight to New York. She'd never traveled alone before. 236 00:16:09,880 --> 00:16:17,720 Speaker 2: She spent the whole trip crying, look at She didn't 237 00:16:17,720 --> 00:16:19,960 Speaker 2: want to separate from Elvis, and she didn't know what 238 00:16:20,000 --> 00:16:22,680 Speaker 2: was going to happen. She didn't even know where he. 239 00:16:22,640 --> 00:16:31,840 Speaker 1: Was coming up on Latino USA. Well, Wendy settles into 240 00:16:31,920 --> 00:16:36,640 Speaker 1: New York, Elvis embarks on a very different journey. Stay 241 00:16:36,680 --> 00:17:24,479 Speaker 1: with us, Hey, we're back. And before the break, Wendy 242 00:17:24,640 --> 00:17:27,760 Speaker 1: was released from immigration detention and had gone to stay 243 00:17:27,800 --> 00:17:31,800 Speaker 1: with her family on Long Island, but Elvis was kept behind. 244 00:17:32,240 --> 00:17:35,080 Speaker 1: Like the New USA, producer Alissa Scarce picks up the 245 00:17:35,119 --> 00:17:35,920 Speaker 1: story from here. 246 00:17:36,680 --> 00:17:39,280 Speaker 2: Back in Texas, Elvis was actually still at the same 247 00:17:39,320 --> 00:17:43,000 Speaker 2: detention facility, and he'd been assuming he'd be released along 248 00:17:43,040 --> 00:17:44,280 Speaker 2: with Wendy. 249 00:17:45,680 --> 00:17:47,000 Speaker 3: Was he I don't know. 250 00:17:52,640 --> 00:17:55,240 Speaker 2: But then he says, a guard told him that Wendy 251 00:17:55,280 --> 00:17:57,760 Speaker 2: had gotten out, and he had a sinking feeling that 252 00:17:57,800 --> 00:17:59,800 Speaker 2: he was going to be in detention for a while. 253 00:18:01,680 --> 00:18:05,320 Speaker 2: This is the point where Wendy and Elvis's journeys would split. 254 00:18:06,320 --> 00:18:09,199 Speaker 2: Elvis would end up navigating the asylum process from inside 255 00:18:09,200 --> 00:18:13,040 Speaker 2: a detention system that has ballooned under Trump. Between the 256 00:18:13,119 --> 00:18:16,080 Speaker 2: end of the Obama administration and July of twenty nineteen, 257 00:18:16,280 --> 00:18:18,840 Speaker 2: the number of people in ice detention has increased by 258 00:18:18,880 --> 00:18:21,720 Speaker 2: more than a third, and to hear Elvis talk about 259 00:18:21,760 --> 00:18:24,680 Speaker 2: his time in detention is like hearing a montage of. 260 00:18:24,680 --> 00:18:32,920 Speaker 3: Missouri hey Y Jano, Mississippi. 261 00:18:33,000 --> 00:18:35,760 Speaker 2: A few days after Wendy left, guards woke Elvis up 262 00:18:35,840 --> 00:18:39,000 Speaker 2: before dawn. They stropped on handcuffs, and they put him 263 00:18:39,000 --> 00:18:42,840 Speaker 2: on a freezing cold bus to a detention center in Mississippi. 264 00:18:44,600 --> 00:18:47,040 Speaker 2: A couple months after that, he was strapped into handcuffs 265 00:18:47,080 --> 00:18:50,200 Speaker 2: again and transferred to another detention center. This one was 266 00:18:50,240 --> 00:18:53,120 Speaker 2: in Louisiana, and he was assigned to a bunk bed 267 00:18:53,160 --> 00:18:55,480 Speaker 2: in a massive room he shared with about one hundred 268 00:18:55,480 --> 00:19:04,760 Speaker 2: other people. He says some people would sleep in the morning, 269 00:19:04,920 --> 00:19:07,320 Speaker 2: others would sleep in the afternoon. It felt like they 270 00:19:07,320 --> 00:19:11,119 Speaker 2: were taking turns keeping the place noisy constantly. It was 271 00:19:11,160 --> 00:19:13,760 Speaker 2: hard to sleep. Plus there were fights, and you had 272 00:19:13,760 --> 00:19:15,719 Speaker 2: to wait in line with like twenty people to use 273 00:19:15,760 --> 00:19:18,040 Speaker 2: the microwave, and the bathrooms had these toilets that were 274 00:19:18,080 --> 00:19:23,720 Speaker 2: just out in the open where everyone could see. 275 00:19:23,960 --> 00:19:25,520 Speaker 3: Yes, Bslo Marius is a looker. 276 00:19:26,400 --> 00:19:30,159 Speaker 2: He says being detained was so horrible. The only thing 277 00:19:30,160 --> 00:19:37,920 Speaker 2: he could imagine being worse was death, and his only 278 00:19:37,960 --> 00:19:41,280 Speaker 2: connection to the outside world was through the phone. Phone 279 00:19:41,320 --> 00:19:44,439 Speaker 2: calls were expensive, about three dollars for every fifteen minutes. 280 00:19:44,760 --> 00:19:47,879 Speaker 2: Wendy's older brother would put money in Elvis's account and 281 00:19:47,920 --> 00:19:51,679 Speaker 2: he called Wendy every day, and on one of their calls, 282 00:19:51,760 --> 00:19:54,720 Speaker 2: Wendy recorded Elvis talking to the baby over the grainy 283 00:19:54,800 --> 00:19:59,520 Speaker 2: jail phone. Afterwards, she'd play the recordings over and over again. 284 00:20:00,119 --> 00:20:02,080 Speaker 2: She'd press her cell phone up to her belly so 285 00:20:02,119 --> 00:20:10,600 Speaker 2: the baby would get used to Elvis's voice. He says, hello, 286 00:20:10,840 --> 00:20:13,560 Speaker 2: my love, my princess. I want you to know I 287 00:20:13,640 --> 00:20:23,560 Speaker 2: love you very much. I'm your dad, and I know 288 00:20:23,680 --> 00:20:26,080 Speaker 2: you're not used to hearing my voice, but I think 289 00:20:26,119 --> 00:20:31,359 Speaker 2: about you every day. The baby was due in early 290 00:20:31,400 --> 00:20:34,919 Speaker 2: September of twenty nineteen, which was seven months after Elvis 291 00:20:34,960 --> 00:20:38,160 Speaker 2: was first detained, and Elvis really wanted to be there 292 00:20:38,240 --> 00:20:44,480 Speaker 2: when she was born. He says, he thinks it's every 293 00:20:44,480 --> 00:20:47,960 Speaker 2: father's dream, and the only way for him to achieve 294 00:20:48,000 --> 00:20:50,760 Speaker 2: that dream was to get out of detention on bond, 295 00:20:51,119 --> 00:20:53,439 Speaker 2: which is basically when a judge agrees to release you 296 00:20:53,480 --> 00:20:55,639 Speaker 2: while you wait for your hearings in exchange for a 297 00:20:55,680 --> 00:20:59,679 Speaker 2: cash deposit. An acquaintance of Wendy's brother recommended a lawyer, 298 00:20:59,840 --> 00:21:02,159 Speaker 2: and the family hired him to take on Elvis's case. 299 00:21:03,440 --> 00:21:05,760 Speaker 2: Over the next few months, Elvis had a credible fear 300 00:21:05,800 --> 00:21:08,119 Speaker 2: interview and an early hearing that was sort of a 301 00:21:08,160 --> 00:21:11,840 Speaker 2: false start. And records from immigration court hearings are hard 302 00:21:11,840 --> 00:21:14,879 Speaker 2: to get, but through our collaboration with Documented, we were 303 00:21:14,920 --> 00:21:18,600 Speaker 2: able to get audio recordings from Elvis's later hearings, and 304 00:21:18,640 --> 00:21:21,080 Speaker 2: what would be clear in listening to those recordings is 305 00:21:21,119 --> 00:21:25,000 Speaker 2: that Elvis encountered a long series of challenges and mishaps that, 306 00:21:25,080 --> 00:21:28,000 Speaker 2: according to the reporting done by Documented, have become the 307 00:21:28,080 --> 00:21:30,000 Speaker 2: norm in the immigration courts. 308 00:21:30,520 --> 00:21:33,679 Speaker 6: Good afternoon, everybody, this is Immigration Judge Joy Merriman appearing 309 00:21:33,720 --> 00:21:36,960 Speaker 6: from the Batavia Immigration Court. We're here on a matter 310 00:21:37,119 --> 00:21:41,440 Speaker 6: that is being conducted via video teleconference from the Richard 311 00:21:41,520 --> 00:21:43,000 Speaker 6: Louisiana's attention to SOLI. 312 00:21:43,640 --> 00:21:45,960 Speaker 2: The first hearing we have, Audio four, is from early 313 00:21:46,000 --> 00:21:48,960 Speaker 2: in the summer of twenty nineteen. At this point, Elvis 314 00:21:48,960 --> 00:21:52,359 Speaker 2: has been sitting in attention for about five months. Wendy 315 00:21:52,440 --> 00:21:55,200 Speaker 2: is about seven months pregnant. And before we get into 316 00:21:55,280 --> 00:21:57,480 Speaker 2: this hearing, let me take a second to set the scene. 317 00:21:58,000 --> 00:22:00,560 Speaker 2: Judge Merriman is sitting in a courtroom that's inside an 318 00:22:00,600 --> 00:22:04,280 Speaker 2: immigration detention center in upstate New York. She's sitting there 319 00:22:04,280 --> 00:22:05,639 Speaker 2: with a government attorney. 320 00:22:05,440 --> 00:22:07,919 Speaker 6: And we have Fazia Maddingly here on behalf of the 321 00:22:07,920 --> 00:22:09,560 Speaker 6: Department of Homeland Security. 322 00:22:10,119 --> 00:22:12,000 Speaker 2: Elvis, on the other hand, is in a little white 323 00:22:12,040 --> 00:22:16,000 Speaker 2: room inside the detention center in Louisiana, watching everything go 324 00:22:16,119 --> 00:22:19,159 Speaker 2: down over a TV screen. He's sitting next to an 325 00:22:19,160 --> 00:22:20,320 Speaker 2: interpreter who. 326 00:22:20,200 --> 00:22:24,360 Speaker 6: Is conducting simultaneous translation, and their faces are being bemed 327 00:22:24,400 --> 00:22:27,080 Speaker 6: onto another screen that the judge and the government lawyer 328 00:22:27,080 --> 00:22:28,360 Speaker 6: can see on their end. 329 00:22:28,680 --> 00:22:31,280 Speaker 2: This kind of setup has gotten way more common under Trump, 330 00:22:31,600 --> 00:22:34,600 Speaker 2: even though a report from twenty seventeen from the Immigration 331 00:22:34,680 --> 00:22:37,960 Speaker 2: Court System itself found that having hearings over video conference 332 00:22:38,000 --> 00:22:41,639 Speaker 2: could lead to do process issues. And actually most people 333 00:22:41,680 --> 00:22:44,840 Speaker 2: at this detention center in Louisiana have their cases heard 334 00:22:44,840 --> 00:22:47,879 Speaker 2: by judges in upstate New York. Since the immigration system 335 00:22:47,960 --> 00:22:51,720 Speaker 2: is federal immigration judges can hear cases from anywhere. Elvis's 336 00:22:51,760 --> 00:22:54,359 Speaker 2: lawyer is on the phone. His name is Benjamin Bradder. 337 00:22:54,760 --> 00:22:57,840 Speaker 6: Mister, get a copy of the notice to appear, sir. 338 00:23:00,119 --> 00:23:04,159 Speaker 2: Things start going wrong in this hearing pretty quickly. Elvis 339 00:23:04,160 --> 00:23:07,280 Speaker 2: had thought that his lawyer had already submitted his asylum application, 340 00:23:07,960 --> 00:23:10,040 Speaker 2: but it turns out he hasn't yet, so the judge 341 00:23:10,040 --> 00:23:12,840 Speaker 2: gives him a few more weeks, and then the judge 342 00:23:12,880 --> 00:23:14,200 Speaker 2: offers to talk about bond. 343 00:23:14,680 --> 00:23:17,160 Speaker 6: The respondent is on my docket for a bond hearing? 344 00:23:17,160 --> 00:23:18,960 Speaker 6: Did you want to have a bond hearing today? 345 00:23:19,320 --> 00:23:22,959 Speaker 2: Which would mean Elvis would have a shot at getting out. 346 00:23:22,320 --> 00:23:24,879 Speaker 7: Your honor actually having any issues with my line, I 347 00:23:24,920 --> 00:23:25,159 Speaker 7: don't know. 348 00:23:25,160 --> 00:23:26,280 Speaker 6: If you could put me on the back of the 349 00:23:26,280 --> 00:23:27,200 Speaker 6: calendar for the bomb. 350 00:23:27,440 --> 00:23:29,560 Speaker 2: But the lawyer is having some kind of issue with 351 00:23:29,640 --> 00:23:32,400 Speaker 2: his phone line, so he's asking if the judge can 352 00:23:32,440 --> 00:23:34,760 Speaker 2: hear the other cases on her schedule and then come 353 00:23:34,800 --> 00:23:36,040 Speaker 2: back to him. 354 00:23:36,080 --> 00:23:38,040 Speaker 6: That's pretty hard to do. I hate to say it 355 00:23:38,080 --> 00:23:43,679 Speaker 6: only because I am so overwhelmed that it's kind of 356 00:23:43,800 --> 00:23:44,879 Speaker 6: do a die right now. 357 00:23:45,200 --> 00:23:47,720 Speaker 2: Basically, the judge is saying, I'm too busy to do 358 00:23:47,760 --> 00:23:50,639 Speaker 2: that today. She has a lot of cases to get through, 359 00:23:50,960 --> 00:23:52,760 Speaker 2: so instead she offers to reschedule. 360 00:23:52,880 --> 00:23:54,879 Speaker 6: Okay, mister Brad, see you on the or hear you 361 00:23:54,920 --> 00:23:57,000 Speaker 6: on the twenty first, Thanks so much. 362 00:23:57,119 --> 00:23:58,280 Speaker 3: Okay, you're very welcome. 363 00:23:59,080 --> 00:24:02,200 Speaker 2: That's August twenty first, which is more than a month away, 364 00:24:02,720 --> 00:24:05,119 Speaker 2: and that means Elvis has to wait again before he 365 00:24:05,160 --> 00:24:08,800 Speaker 2: can have another shot at getting out, and he is fuming. 366 00:24:12,160 --> 00:24:14,920 Speaker 2: So another few weeks pass. They're a blur of sleepless 367 00:24:15,040 --> 00:24:18,440 Speaker 2: nights and microwave lines, and when the next hearing rolls around, 368 00:24:18,680 --> 00:24:21,800 Speaker 2: Elvis is somehow still hopeful. 369 00:24:23,600 --> 00:24:29,840 Speaker 3: Confianza. Okay, Nina. 370 00:24:30,600 --> 00:24:32,720 Speaker 2: The baby is due in just a couple of weeks 371 00:24:32,720 --> 00:24:35,120 Speaker 2: at this point, and Elvis thinks he has a shot 372 00:24:35,119 --> 00:24:36,960 Speaker 2: at being there for the birth. He was going to 373 00:24:37,000 --> 00:24:39,840 Speaker 2: have the same judges before, and he liked her. He 374 00:24:39,840 --> 00:24:42,480 Speaker 2: thought that she listened to people and was fair, and 375 00:24:42,640 --> 00:24:44,479 Speaker 2: he says he heard a lot of other people in 376 00:24:44,480 --> 00:24:47,040 Speaker 2: his detention center who had that judge did get out 377 00:24:47,080 --> 00:24:47,560 Speaker 2: on bond. 378 00:24:47,880 --> 00:24:51,000 Speaker 6: This is a continued matter for you. Your I five 379 00:24:51,080 --> 00:24:54,639 Speaker 6: eighty nine, Sir, was submitted by your attorney, mister Bradder. 380 00:24:54,760 --> 00:24:55,919 Speaker 6: I have received it. 381 00:24:56,160 --> 00:24:59,119 Speaker 2: And this time his lawyer has submitted the asylum paperwork. 382 00:24:59,480 --> 00:25:03,639 Speaker 6: However, when I called your attorney, mister Bradder, who asked 383 00:25:03,640 --> 00:25:07,359 Speaker 6: to appear here telephonically today, he failed to answer the 384 00:25:07,440 --> 00:25:10,640 Speaker 6: telephone and my call went through to his voicemail. 385 00:25:10,920 --> 00:25:13,879 Speaker 2: The judge called the lawyer one time and the lawyer 386 00:25:13,880 --> 00:25:17,440 Speaker 2: missed the call. Elvis's heart drops, and for the first 387 00:25:17,440 --> 00:25:19,520 Speaker 2: time in these hearings he speaks up. 388 00:25:19,800 --> 00:25:21,600 Speaker 3: He's one of lawyers. 389 00:25:21,640 --> 00:25:23,160 Speaker 7: I was wondering if you can't call back. 390 00:25:23,480 --> 00:25:26,920 Speaker 2: That's the interpreter. He's translating what Elvis says into English. 391 00:25:27,040 --> 00:25:29,080 Speaker 6: There's no reason for me to call back, Sir. I 392 00:25:29,160 --> 00:25:32,240 Speaker 6: called and he didn't answer. I'm not going to give 393 00:25:32,280 --> 00:25:33,240 Speaker 6: him a second chance. 394 00:25:33,640 --> 00:25:36,240 Speaker 2: The judge says that letting lawyers appear over the phone 395 00:25:36,400 --> 00:25:39,640 Speaker 2: is a privilege, which technically it is. A judge can 396 00:25:39,760 --> 00:25:42,880 Speaker 2: require a lawyer to show up in person. We reached 397 00:25:42,880 --> 00:25:44,920 Speaker 2: out to Benjamin Bradder to ask him what happened here. 398 00:25:45,440 --> 00:25:47,199 Speaker 2: What he says is that the call went straight to 399 00:25:47,240 --> 00:25:50,560 Speaker 2: his voicemail. He also says that he did call back, 400 00:25:50,960 --> 00:25:52,960 Speaker 2: but that he couldn't get through to the judge, which 401 00:25:53,000 --> 00:25:54,720 Speaker 2: other lawyers say does happen. 402 00:25:55,080 --> 00:25:59,040 Speaker 6: The court cannot the just just I'll tell you why. 403 00:25:59,240 --> 00:26:03,080 Speaker 6: The court has very limited time and resources. I still 404 00:26:03,119 --> 00:26:07,879 Speaker 6: have forty more cases this afternoon. My interpreter at the 405 00:26:07,920 --> 00:26:12,720 Speaker 6: Department of Homeland Security's attorney, my legal assistant, they all 406 00:26:12,800 --> 00:26:15,919 Speaker 6: need to take a lunch break because this is a 407 00:26:16,080 --> 00:26:16,920 Speaker 6: very heavy guy. 408 00:26:17,680 --> 00:26:20,800 Speaker 2: Once again, the judge is saying that she's too busy. 409 00:26:20,840 --> 00:26:24,399 Speaker 6: So unfortunately I would I've had to reset it to 410 00:26:24,480 --> 00:26:28,680 Speaker 6: my next state of availability, which I do realize is 411 00:26:28,680 --> 00:26:30,160 Speaker 6: out to October second. 412 00:26:31,040 --> 00:26:35,000 Speaker 2: October second, that's another six weeks, and when he's due 413 00:26:35,080 --> 00:26:38,520 Speaker 2: date is in early September, October second is too late. 414 00:26:40,200 --> 00:26:42,800 Speaker 2: So Elvis is sitting in the little white room watching 415 00:26:42,800 --> 00:26:45,920 Speaker 2: his fab he decided over video conference, and he tries 416 00:26:45,960 --> 00:26:49,040 Speaker 2: to fight back the only way he can by injecting 417 00:26:49,080 --> 00:26:53,320 Speaker 2: his very human dilemma into this very bureaucratic setting. 418 00:26:58,760 --> 00:27:01,359 Speaker 5: On your being taken is that I've been in prison 419 00:27:01,400 --> 00:27:03,679 Speaker 5: for seven months and my wife is about to have 420 00:27:03,720 --> 00:27:04,159 Speaker 5: a child. 421 00:27:05,040 --> 00:27:07,239 Speaker 6: Sir, I do take notice of that. I'm sorry your 422 00:27:07,280 --> 00:27:08,080 Speaker 6: attorney didn't. 423 00:27:08,880 --> 00:27:11,200 Speaker 2: All he needs is for his hearing to get rescheduled 424 00:27:11,280 --> 00:27:14,080 Speaker 2: a little sooner, but the judge says her schedule is 425 00:27:14,080 --> 00:27:21,920 Speaker 2: too full for that. In that moment, as he realizes 426 00:27:21,960 --> 00:27:24,440 Speaker 2: he's going to miss his first child being born, something 427 00:27:24,560 --> 00:27:27,520 Speaker 2: shifts in the way Elvis is thinking about this whole thing. 428 00:27:28,119 --> 00:27:31,159 Speaker 2: He's suddenly overwhelmed by this feeling that this is not 429 00:27:31,240 --> 00:27:33,639 Speaker 2: going to work out, and so he asked the judge 430 00:27:33,640 --> 00:27:38,400 Speaker 2: for something maybe unexpected, get your honor. 431 00:27:38,560 --> 00:27:39,920 Speaker 6: I just prefer my deportation. 432 00:27:41,520 --> 00:27:44,320 Speaker 7: It's going to work, but I can't wait much longer. 433 00:27:46,600 --> 00:27:50,280 Speaker 6: I'm sorry, I am not comfortable. I cannot go forward 434 00:27:50,400 --> 00:27:52,359 Speaker 6: with your heap ortation today. 435 00:27:52,840 --> 00:27:55,080 Speaker 2: The judge says she's worried in that moment that he 436 00:27:55,160 --> 00:27:58,600 Speaker 2: isn't making a rational decision. She says that if he's serious, 437 00:27:58,720 --> 00:28:00,560 Speaker 2: he should submit the request in writing. 438 00:28:00,880 --> 00:28:02,960 Speaker 6: I wish you the best. Please take time to think 439 00:28:03,000 --> 00:28:03,600 Speaker 6: about what he. 440 00:28:03,600 --> 00:28:04,200 Speaker 5: Was doing. 441 00:28:11,040 --> 00:28:17,119 Speaker 2: Does After he left the courtroom that day, Elvis cried, 442 00:28:17,680 --> 00:28:20,600 Speaker 2: and then he got very depressed. It felt like this 443 00:28:20,680 --> 00:28:23,040 Speaker 2: opportunity to be back with his family had been in 444 00:28:23,160 --> 00:28:26,120 Speaker 2: reach and then had slipped through his fingers for reasons 445 00:28:26,160 --> 00:28:33,760 Speaker 2: completely outside his control. Two weeks past, and sure enough, 446 00:28:33,800 --> 00:28:37,160 Speaker 2: around two am one night in early September, Wendy started 447 00:28:37,160 --> 00:28:40,400 Speaker 2: to have contractions. Her brother drove her to the hospital 448 00:28:40,440 --> 00:28:42,800 Speaker 2: and her mom sat with her as she pushed. The 449 00:28:42,840 --> 00:28:45,680 Speaker 2: baby was born just before ten o'clock in the morning. 450 00:28:46,280 --> 00:28:48,959 Speaker 2: Half an hour later, Elvis called and he asked how 451 00:28:48,960 --> 00:28:50,360 Speaker 2: she was doing. 452 00:28:52,560 --> 00:29:00,560 Speaker 4: Okay, Felicia in nontrels and. 453 00:29:00,480 --> 00:29:05,120 Speaker 2: When he told Elvis, congratulations, your father, your baby was 454 00:29:05,200 --> 00:29:10,280 Speaker 2: just born. Elvis had known this was coming, but still 455 00:29:10,480 --> 00:29:12,960 Speaker 2: in that moment, it was a lot to process. 456 00:29:13,520 --> 00:29:23,840 Speaker 3: Not the boys. 457 00:29:24,000 --> 00:29:26,720 Speaker 2: He was glad the baby was born healthy, but mostly 458 00:29:26,920 --> 00:29:28,880 Speaker 2: he was sad to have missed it, and he was 459 00:29:28,920 --> 00:29:30,960 Speaker 2: sad about all the other things he was going to miss, 460 00:29:31,080 --> 00:29:34,680 Speaker 2: like holding her while she was small. They named the 461 00:29:34,720 --> 00:29:44,320 Speaker 2: baby Emily. Elvis decides to stick with the asylum process 462 00:29:44,400 --> 00:29:47,800 Speaker 2: a little longer. Then he has another hearing that gets postponed, 463 00:29:48,120 --> 00:29:52,160 Speaker 2: and then this story takes a strange turn. Elvis's lawyer, 464 00:29:52,200 --> 00:29:55,640 Speaker 2: Benjamin Bradder gets suspended from the practice of law for 465 00:29:55,680 --> 00:30:00,400 Speaker 2: a year because of misconduct towards past immigrant clients. Bradart 466 00:30:00,400 --> 00:30:02,440 Speaker 2: didn't want to comment on his suspension, and as far 467 00:30:02,440 --> 00:30:03,920 Speaker 2: as we know, it didn't have anything to do with 468 00:30:03,960 --> 00:30:06,760 Speaker 2: Elvis's case, but it did leave Elvis hanging. 469 00:30:07,920 --> 00:30:11,240 Speaker 8: Unfortunately, there's a lot of unscrupulous attorneys or attorneys who 470 00:30:11,320 --> 00:30:18,080 Speaker 8: get caught up in trying to make money off of 471 00:30:18,120 --> 00:30:22,480 Speaker 8: these crises and just do a really poor job. 472 00:30:23,080 --> 00:30:25,760 Speaker 2: That's Jody Zeesmer. She's an immigration lawyer at the New 473 00:30:25,840 --> 00:30:29,240 Speaker 2: York Legal Assistance Group, which is a nonprofit legal aid organization. 474 00:30:29,920 --> 00:30:32,640 Speaker 2: She says there's a bigger pattern of immigrants getting taken 475 00:30:32,680 --> 00:30:36,440 Speaker 2: advantage of by lawyers who aren't that great. Elvis's case 476 00:30:36,440 --> 00:30:39,080 Speaker 2: got referred to Jody and she took a look at it, 477 00:30:39,120 --> 00:30:40,800 Speaker 2: and she thought it was pretty strong. 478 00:30:41,080 --> 00:30:45,959 Speaker 8: What makes this case distinct is that many people flee 479 00:30:46,520 --> 00:30:50,160 Speaker 8: after they start getting extorted and getting threats by gangs. 480 00:30:50,560 --> 00:30:55,520 Speaker 8: But this family actually opens an investigation, not with the 481 00:30:55,560 --> 00:30:59,160 Speaker 8: local police department, with like basically the equivalent of the FBI, 482 00:31:00,160 --> 00:31:02,800 Speaker 8: a national investigatory agency. 483 00:31:03,280 --> 00:31:05,840 Speaker 2: The reason this matters is that to get asylum, one 484 00:31:05,880 --> 00:31:07,320 Speaker 2: of the things you have to show is that the 485 00:31:07,320 --> 00:31:10,640 Speaker 2: government of your country either persecuted you directly or didn't 486 00:31:10,640 --> 00:31:13,480 Speaker 2: stop somebody else from doing it. So Jody thinks he 487 00:31:13,520 --> 00:31:18,240 Speaker 2: has a decent shot. Elvis's next day in court is 488 00:31:18,240 --> 00:31:22,800 Speaker 2: set for November of twenty nineteen, and it's actually two hearings. First, 489 00:31:23,040 --> 00:31:26,560 Speaker 2: finally a bond hearing, and then a really crucial hearing, 490 00:31:26,720 --> 00:31:29,320 Speaker 2: potentially the final one for the judge will decide whether 491 00:31:29,440 --> 00:31:32,560 Speaker 2: or not he gets asylum. He's assigned to a different judge, 492 00:31:32,560 --> 00:31:34,440 Speaker 2: this time at a court in New York City, and 493 00:31:34,480 --> 00:31:37,840 Speaker 2: again he's going to attend virtually, but now Whendy can 494 00:31:37,880 --> 00:31:40,400 Speaker 2: go in person, so she has her brother drive her 495 00:31:40,400 --> 00:31:42,800 Speaker 2: to the courthouse that morning, and they have a hard 496 00:31:42,840 --> 00:31:49,520 Speaker 2: time finding parking, so her brother drops her off as 497 00:31:50,080 --> 00:31:52,240 Speaker 2: it's starting to rain. As Wendy climbs out of the 498 00:31:52,240 --> 00:31:55,560 Speaker 2: car with the baby in her arms, Emily's two months old. Now, 499 00:31:55,880 --> 00:31:57,840 Speaker 2: they meet Jody in the courtroom and settle into one 500 00:31:57,880 --> 00:32:08,080 Speaker 2: of the benches in the back and pilla. Two or 501 00:32:08,080 --> 00:32:11,480 Speaker 2: three minutes later, the judge walks in and Elvis's bond 502 00:32:11,520 --> 00:32:12,680 Speaker 2: hearing begins. 503 00:32:12,960 --> 00:32:15,520 Speaker 7: Well, the record is immigration judges or two repons in 504 00:32:15,560 --> 00:32:17,160 Speaker 7: your Paris Street immigration course. 505 00:32:17,560 --> 00:32:20,760 Speaker 2: This judge, Forrest Hoover, is very new to the bench. 506 00:32:21,040 --> 00:32:24,200 Speaker 2: He was appointed just a few weeks before. He's one 507 00:32:24,240 --> 00:32:26,800 Speaker 2: of a couple hundred new immigration judges appointed during the 508 00:32:26,840 --> 00:32:30,160 Speaker 2: Trump administration and like many of these new judges, his 509 00:32:30,280 --> 00:32:32,960 Speaker 2: last job was as a military lawyer and he had 510 00:32:32,960 --> 00:32:35,880 Speaker 2: basically no experience with immigration. He sits at the front 511 00:32:35,880 --> 00:32:38,080 Speaker 2: of the room and Jody sits at a desk across 512 00:32:38,080 --> 00:32:43,040 Speaker 2: from him. The I E. S. M. E. 513 00:32:43,160 --> 00:32:46,040 Speaker 8: R with the New York Legal Assistance Group apparent of 514 00:32:46,080 --> 00:32:46,600 Speaker 8: the respondent. 515 00:32:46,880 --> 00:32:50,760 Speaker 2: Jody presents her arguments for why Elvis should get bond. Basically, 516 00:32:50,840 --> 00:32:52,680 Speaker 2: she has to convince the judge that Elvis is going 517 00:32:52,720 --> 00:32:54,360 Speaker 2: to show up for his court hearings and that he 518 00:32:54,440 --> 00:32:55,520 Speaker 2: isn't going to hurt anybody. 519 00:32:55,680 --> 00:32:58,160 Speaker 8: He has got the last record, he has passed a 520 00:32:58,200 --> 00:33:01,560 Speaker 8: credible fear interview and has submitted this application for asylum. 521 00:33:01,920 --> 00:33:04,640 Speaker 1: We believe he is neither a flight risk nor a 522 00:33:04,760 --> 00:33:05,800 Speaker 1: danger to the community. 523 00:33:06,320 --> 00:33:10,120 Speaker 8: And then just like that, the judge simply said no 524 00:33:11,040 --> 00:33:11,840 Speaker 8: or does find. 525 00:33:11,600 --> 00:33:12,840 Speaker 1: And respond as a flight risk. 526 00:33:12,880 --> 00:33:15,640 Speaker 2: And I'm going to quote by a standus dating that 527 00:33:16,520 --> 00:33:18,200 Speaker 2: the judge denies bond. 528 00:33:18,280 --> 00:33:20,320 Speaker 7: Denying requests for bond entirely. 529 00:33:20,400 --> 00:33:22,240 Speaker 8: You could set a high bond and we could figure 530 00:33:22,240 --> 00:33:23,760 Speaker 8: out how to come together with that. 531 00:33:24,040 --> 00:33:26,360 Speaker 6: He is how is he a flight risk? 532 00:33:26,760 --> 00:33:31,200 Speaker 8: And I asked for a legal reasoning for the denial 533 00:33:32,520 --> 00:33:35,680 Speaker 8: and he just turned off the record and walked out 534 00:33:35,680 --> 00:33:38,440 Speaker 8: of the courtroom, which is pretty unusual. 535 00:33:38,880 --> 00:33:40,920 Speaker 2: Jody says, what should happen at the end of any 536 00:33:41,000 --> 00:33:43,720 Speaker 2: ruling is that the judge explains why they're ruling the 537 00:33:43,720 --> 00:33:44,280 Speaker 2: way they are. 538 00:33:44,760 --> 00:33:48,000 Speaker 8: I mean, that's what the judge's job is. So the 539 00:33:48,040 --> 00:33:51,320 Speaker 8: fact that he just got up and left, I was perplexed. 540 00:33:51,960 --> 00:33:53,960 Speaker 2: We reached out to the Immigration Court to try to 541 00:33:54,000 --> 00:33:55,960 Speaker 2: talk to Judge Hooverer, and what they told us is 542 00:33:56,000 --> 00:33:58,920 Speaker 2: that immigration judges do not give interviews, so we couldn't 543 00:33:58,920 --> 00:34:01,680 Speaker 2: ask him about this directly. But Jody says that in 544 00:34:01,680 --> 00:34:05,320 Speaker 2: her experience, most judges give more detailed explanations of the 545 00:34:05,400 --> 00:34:07,880 Speaker 2: law and how they think it applies to a person's situation. 546 00:34:10,040 --> 00:34:12,160 Speaker 2: So they're all sitting there waiting for the judge to 547 00:34:12,160 --> 00:34:13,960 Speaker 2: come back in for the second part of the hearing, 548 00:34:14,560 --> 00:34:17,320 Speaker 2: and then Jody decides to make use of having Elvis 549 00:34:17,320 --> 00:34:18,320 Speaker 2: on the video screen. 550 00:34:18,840 --> 00:34:23,880 Speaker 8: So at that point I asked the government attorney if 551 00:34:24,080 --> 00:34:28,439 Speaker 8: I could have the wife and the newborn baby come 552 00:34:28,560 --> 00:34:34,280 Speaker 8: into like the actual court setting and introduce the baby 553 00:34:34,880 --> 00:34:36,399 Speaker 8: to my client over the. 554 00:34:36,440 --> 00:34:40,279 Speaker 2: Video so they can actually see each other. Wendy walks 555 00:34:40,360 --> 00:34:42,719 Speaker 2: up to the TV and it's a shock to see 556 00:34:42,719 --> 00:34:46,799 Speaker 2: Elvis like this in his khaki detention center uniform. Then 557 00:34:46,840 --> 00:34:48,040 Speaker 2: he starts to talk. 558 00:34:48,360 --> 00:34:55,480 Speaker 4: You can, yeah, let's get joy and phys yes, the 559 00:34:56,200 --> 00:34:58,000 Speaker 4: la Plampeia. 560 00:34:59,040 --> 00:35:01,839 Speaker 2: When the baby hears, she starts to smile and wave 561 00:35:01,880 --> 00:35:05,480 Speaker 2: at the camera. Wendy thinks she recognizes Elvis's voice from 562 00:35:05,480 --> 00:35:12,120 Speaker 2: that recording. See to Elvis, it looks like Emily is 563 00:35:12,120 --> 00:35:14,720 Speaker 2: trying to climb through the camera and into his arms. 564 00:35:15,280 --> 00:35:17,280 Speaker 2: He's heard the baby over the phone at this point, 565 00:35:17,400 --> 00:35:19,879 Speaker 2: and Wendy had sent him some photos, but he's never 566 00:35:19,920 --> 00:35:27,239 Speaker 2: seen her move or smile or make a sound. Eventually, 567 00:35:27,280 --> 00:35:30,120 Speaker 2: the judge comes back into the room and now Elvis's 568 00:35:30,200 --> 00:35:32,600 Speaker 2: second hearing starts, the one where the judge is going 569 00:35:32,680 --> 00:35:35,800 Speaker 2: to decide whether he gets asylum. And at this point 570 00:35:35,920 --> 00:35:38,239 Speaker 2: Jody actually goes back to sit with Wendy in the 571 00:35:38,239 --> 00:35:39,399 Speaker 2: back of the courtroom. 572 00:35:39,760 --> 00:35:43,120 Speaker 8: So I had indicated to the judge that I would 573 00:35:43,120 --> 00:35:46,719 Speaker 8: not be appearing as the attorney for the second for 574 00:35:46,800 --> 00:35:49,880 Speaker 8: the merits hearing on the actual immigration removal case. 575 00:35:51,000 --> 00:35:53,720 Speaker 2: The reason she does this is Jody got Elvis's case 576 00:35:53,760 --> 00:35:56,320 Speaker 2: pretty late in the game, in fact, only ten days 577 00:35:56,360 --> 00:35:59,319 Speaker 2: before his hearing, so even though she represented him for 578 00:35:59,320 --> 00:36:01,640 Speaker 2: the bond hearing, she doesn't think she's had enough time 579 00:36:01,719 --> 00:36:05,160 Speaker 2: to prepare to talk about his actual asylum claim. She 580 00:36:05,239 --> 00:36:09,880 Speaker 2: says she'd normally spend months preparing. So she tells the judge. 581 00:36:09,640 --> 00:36:12,600 Speaker 8: That I did not feel that I could athically represent 582 00:36:12,640 --> 00:36:15,600 Speaker 8: this person, and furthermore that I don't think any good 583 00:36:15,640 --> 00:36:19,279 Speaker 8: attorney could astically represent the person in this scenario. 584 00:36:20,080 --> 00:36:22,720 Speaker 2: And because of the issues with Elvis's old lawyer, Jody 585 00:36:22,719 --> 00:36:25,279 Speaker 2: thought Elvis had a good case for getting some extra time, 586 00:36:25,640 --> 00:36:27,759 Speaker 2: So they decided that Elvis would ask the judge for 587 00:36:27,800 --> 00:36:30,680 Speaker 2: that time, and Jody sits down in the back to watch. 588 00:36:31,400 --> 00:36:33,719 Speaker 7: The Grace judge, for whom the New York Boro Street 589 00:36:33,719 --> 00:36:35,920 Speaker 7: of Agration Court we're here today for coming to remove 590 00:36:35,960 --> 00:36:36,919 Speaker 7: their proceedings in the case. 591 00:36:37,200 --> 00:36:40,000 Speaker 2: Elvis tells the judge about his lawyer situation and about 592 00:36:40,080 --> 00:36:49,239 Speaker 2: how he just started working with Jody, my attorney, and 593 00:36:49,280 --> 00:36:51,880 Speaker 2: the judge says, well, you've known about this hearing for 594 00:36:51,920 --> 00:36:52,560 Speaker 2: a few weeks. 595 00:36:53,040 --> 00:36:56,120 Speaker 7: Why did you request the continuance after you found out 596 00:36:56,360 --> 00:36:57,600 Speaker 7: your attorney had to expended? 597 00:36:58,080 --> 00:37:01,040 Speaker 2: A continuance is the legal term for asking for more time. 598 00:37:01,600 --> 00:37:04,360 Speaker 2: He's saying Elvis should have filed the request before this 599 00:37:04,480 --> 00:37:07,920 Speaker 2: hearings in. 600 00:37:07,880 --> 00:37:10,480 Speaker 3: The universe is judge. 601 00:37:10,360 --> 00:37:12,719 Speaker 6: That I leave knowledge. 602 00:37:13,000 --> 00:37:15,520 Speaker 2: The judge asked a couple more questions, but ultimately he 603 00:37:15,560 --> 00:37:20,280 Speaker 2: comes to his decision quickly. 604 00:37:20,640 --> 00:37:22,719 Speaker 6: So I have to deny requests for a continuance. 605 00:37:23,040 --> 00:37:25,520 Speaker 2: He says, basically that he can't find a reason to 606 00:37:25,520 --> 00:37:34,840 Speaker 2: give Elvis more time. So Elvis is going to have 607 00:37:34,880 --> 00:37:37,719 Speaker 2: to finish out this hearing on his own. He's going 608 00:37:37,800 --> 00:37:40,840 Speaker 2: to have to argue for asylum for himself without a lawyer, 609 00:37:41,520 --> 00:37:44,080 Speaker 2: and at the end, the judge will either grant it 610 00:37:44,239 --> 00:37:45,680 Speaker 2: or he'll order him deported. 611 00:37:52,719 --> 00:37:56,160 Speaker 1: Coming up on Latino US say, Elvis argues his case 612 00:37:56,520 --> 00:38:50,080 Speaker 1: and his fate is decided. Stay with us, Hey, we're back. 613 00:38:50,520 --> 00:38:53,440 Speaker 1: And before the break, a judge told Elvis that he 614 00:38:53,560 --> 00:38:57,240 Speaker 1: couldn't have more time to prepare his asylum case, which 615 00:38:57,239 --> 00:39:01,200 Speaker 1: means Elvis will have to present his case without a lawyer. 616 00:39:01,920 --> 00:39:05,120 Speaker 1: Let you know. USA producer Alisa Scarce picks up the story. 617 00:39:05,160 --> 00:39:07,800 Speaker 2: Now, the fact that Elvis wasn't going to have a 618 00:39:07,880 --> 00:39:10,920 Speaker 2: lawyer for this part of the hearing was really not ideal. 619 00:39:11,400 --> 00:39:13,600 Speaker 2: Asylum seekers who go to court with lawyers are way 620 00:39:13,640 --> 00:39:16,680 Speaker 2: more likely to win than those who don't. But Elvis 621 00:39:16,719 --> 00:39:19,040 Speaker 2: wasn't at a total loss in a way. He'd been 622 00:39:19,080 --> 00:39:21,480 Speaker 2: preparing for this hearing for months. 623 00:39:23,440 --> 00:39:25,200 Speaker 3: Experiences Mike. 624 00:39:28,040 --> 00:39:30,120 Speaker 2: He'd talk to the other people in the detention center 625 00:39:30,200 --> 00:39:32,600 Speaker 2: to see what worked in their cases and what didn't. 626 00:39:33,040 --> 00:39:36,279 Speaker 2: He'd study US government reports about human rights in Guatemala. 627 00:39:36,560 --> 00:39:42,799 Speaker 2: He'd ask Wendy to look up statistics on extortion. He'd 628 00:39:42,840 --> 00:39:44,839 Speaker 2: tell her what to look up, and then Wendy would 629 00:39:44,840 --> 00:39:47,120 Speaker 2: do some online research and she'd print out the numbers 630 00:39:47,200 --> 00:39:49,400 Speaker 2: and send them to Elvis in the mail. So, in 631 00:39:49,440 --> 00:39:52,359 Speaker 2: this moment, as he stands alone to defend himself at 632 00:39:52,360 --> 00:39:56,120 Speaker 2: his asylum hearing, he's feeling pretty good about his arguments 633 00:39:56,160 --> 00:39:57,640 Speaker 2: and the evidence that he's going to present. 634 00:39:58,280 --> 00:40:03,880 Speaker 9: Tell me what happened to you, Nemu, and they are 635 00:40:03,920 --> 00:40:07,360 Speaker 9: in the singles Everything that I Knew, The Media Centula 636 00:40:07,520 --> 00:40:09,800 Speaker 9: and set of twenty eighteen. 637 00:40:09,800 --> 00:40:14,200 Speaker 2: In the morning, Elvis tells his story. He talks about 638 00:40:14,239 --> 00:40:17,680 Speaker 2: his Internet cafe and Wendy's mother's laundry business. He talks 639 00:40:17,680 --> 00:40:19,239 Speaker 2: about the house they all shared. 640 00:40:22,200 --> 00:40:23,160 Speaker 3: Denevana, Venezuela. 641 00:40:23,680 --> 00:40:25,640 Speaker 7: That day we were seeing the bombard in the morning 642 00:40:25,800 --> 00:40:27,440 Speaker 7: in my mother in law's. 643 00:40:27,160 --> 00:40:30,440 Speaker 2: Phone, He talks about the extortion and how they reported 644 00:40:30,480 --> 00:40:33,120 Speaker 2: it to law enforcement. He talks about how law enforcement 645 00:40:33,200 --> 00:40:34,759 Speaker 2: didn't do anything to protect. 646 00:40:34,440 --> 00:40:45,920 Speaker 9: Them, slack Las Cartmala everything. 647 00:40:47,560 --> 00:40:50,520 Speaker 7: In the Human Rights Report of twenty eighteen from Guatemala, 648 00:40:51,080 --> 00:40:54,640 Speaker 7: it's said that the jails in at Guatemala are like 649 00:40:54,719 --> 00:40:56,120 Speaker 7: a university for criminals. 650 00:40:56,200 --> 00:40:58,800 Speaker 2: People and Elvis says he could see the judge scratching 651 00:40:58,880 --> 00:41:01,480 Speaker 2: his head over the screen. It seemed to him like 652 00:41:01,600 --> 00:41:03,240 Speaker 2: the judge was considering the claim. 653 00:41:06,880 --> 00:41:07,680 Speaker 6: Oh I sir, thank you. 654 00:41:08,680 --> 00:41:11,320 Speaker 2: As Elvis makes his closing statement, you can hear Emily 655 00:41:11,440 --> 00:41:24,120 Speaker 2: fussing in the backgrounds. 656 00:41:23,360 --> 00:41:25,600 Speaker 3: Your hand and my family do. 657 00:41:30,000 --> 00:41:30,359 Speaker 6: I serve? 658 00:41:30,480 --> 00:41:30,759 Speaker 9: Thank you? 659 00:41:31,600 --> 00:41:31,880 Speaker 3: Baby? 660 00:41:31,960 --> 00:41:33,600 Speaker 6: I can go here of courts and recess. 661 00:41:34,400 --> 00:41:39,239 Speaker 8: So then the judge takes a recess for about thirty minutes. 662 00:41:39,280 --> 00:41:40,799 Speaker 8: He says he's going to take a recess and then 663 00:41:40,800 --> 00:41:41,960 Speaker 8: come back and issue a decision. 664 00:41:42,960 --> 00:41:45,680 Speaker 2: Elvis goes out into the hallway with the interpreter and 665 00:41:45,800 --> 00:41:52,200 Speaker 2: the interpreter tells him you're doing a good job. Elvis 666 00:41:52,200 --> 00:41:54,719 Speaker 2: says that made him feel a little more calm for 667 00:41:54,800 --> 00:41:56,760 Speaker 2: the first time in a while. He felt a little 668 00:41:56,760 --> 00:41:59,600 Speaker 2: bit optimistic, like maybe something would come out of this 669 00:42:00,239 --> 00:42:03,320 Speaker 2: if he and So they go back into the courtroom. 670 00:42:03,880 --> 00:42:06,240 Speaker 2: Wendy is sitting in the back and she is feeling 671 00:42:06,680 --> 00:42:07,520 Speaker 2: super hopeful. 672 00:42:08,120 --> 00:42:14,399 Speaker 4: You see, he said. 673 00:42:16,520 --> 00:42:18,600 Speaker 2: She thinks in that moment that he's going to get 674 00:42:18,600 --> 00:42:21,160 Speaker 2: asylum and that they'll finally get to be together again. 675 00:42:21,920 --> 00:42:24,160 Speaker 2: She says she's filled with joy. 676 00:42:27,840 --> 00:42:28,600 Speaker 9: Hi, for the record, all the. 677 00:42:28,600 --> 00:42:30,279 Speaker 6: Parties, President of the court, best restill again. 678 00:42:30,400 --> 00:42:33,520 Speaker 7: President is not your quot. 679 00:42:34,120 --> 00:42:38,120 Speaker 2: The judge denies Elvis's claim once again. He just says, no, 680 00:42:38,800 --> 00:42:39,560 Speaker 2: I want to make sure. 681 00:42:39,400 --> 00:42:45,120 Speaker 7: You understand the reasons why they send that Bookay. I 682 00:42:45,160 --> 00:42:47,480 Speaker 7: thought he testified possibly, and I believe everything he told me. 683 00:42:48,080 --> 00:42:49,719 Speaker 7: Thank you said this to the Okay and then the 684 00:42:50,600 --> 00:42:54,880 Speaker 7: Commanding Home. But there's certain people criteria for a silk 685 00:42:55,040 --> 00:42:56,280 Speaker 7: that the court has to follow. 686 00:42:59,719 --> 00:43:04,239 Speaker 6: Thanks. Yes, I understand, and I found that you didn't 687 00:43:04,280 --> 00:43:06,399 Speaker 6: need it, so I have to deny your claim, sir. 688 00:43:07,239 --> 00:43:12,200 Speaker 2: Also, once again, Judge Hoover doesn't explain the specifics. Then 689 00:43:12,239 --> 00:43:15,040 Speaker 2: the judge asks Elvis if he wants to appeal, and 690 00:43:15,160 --> 00:43:19,040 Speaker 2: to everyone's surprise, Elvis says, no, very well. 691 00:43:18,960 --> 00:43:21,839 Speaker 7: You'd like to set the court order's final and wave 692 00:43:21,840 --> 00:43:22,640 Speaker 7: you're right to appeal. 693 00:43:24,840 --> 00:43:25,719 Speaker 6: I said they were not going. 694 00:43:30,320 --> 00:43:32,120 Speaker 3: Yes, and you're not wished to be a one for 695 00:43:32,200 --> 00:43:33,760 Speaker 3: it would be useless. 696 00:43:34,480 --> 00:43:37,359 Speaker 2: Elvis figures the judge knows the law and he said 697 00:43:37,360 --> 00:43:41,760 Speaker 2: he didn't qualify, so why would a different judge decide differently. Plus, 698 00:43:41,880 --> 00:43:44,280 Speaker 2: what he'd heard about the appeal process inside the detention 699 00:43:44,480 --> 00:43:46,280 Speaker 2: center was not very encouraging. 700 00:43:47,239 --> 00:43:48,160 Speaker 3: Obviously, think. 701 00:43:57,280 --> 00:44:00,239 Speaker 2: He'd seen people wait four months or sometimes even six 702 00:44:00,320 --> 00:44:02,640 Speaker 2: months for an appeal to go through, and he says 703 00:44:02,640 --> 00:44:05,440 Speaker 2: he couldn't stand to be detained for another six months. 704 00:44:05,960 --> 00:44:08,240 Speaker 6: Quite so I had ordered you removed from the United States. 705 00:44:08,600 --> 00:44:10,640 Speaker 2: Elvis is ordered deported. 706 00:44:11,200 --> 00:44:14,279 Speaker 7: The best of luck to of course a journal now. 707 00:44:14,840 --> 00:44:19,000 Speaker 8: And the judge like concluded, went off the record, got 708 00:44:19,080 --> 00:44:22,800 Speaker 8: up and just left the courtroom. And the government attorney 709 00:44:22,920 --> 00:44:25,360 Speaker 8: also kind of like put her head down when my 710 00:44:25,480 --> 00:44:29,200 Speaker 8: eye contact and also just left the courtroom. So and 711 00:44:29,320 --> 00:44:31,080 Speaker 8: by that time, I also say, his wife was like 712 00:44:31,680 --> 00:44:35,279 Speaker 8: openly sobbing his arrest. He had other family members there 713 00:44:35,320 --> 00:44:38,719 Speaker 8: as well. We were all kind of shocked. 714 00:44:39,239 --> 00:44:41,200 Speaker 2: Jody has been sitting in the back of the courtroom 715 00:44:41,239 --> 00:44:43,879 Speaker 2: this whole time, watching this all go down, and she'd 716 00:44:43,920 --> 00:44:45,680 Speaker 2: been assuming that Elvis would. 717 00:44:45,480 --> 00:44:49,320 Speaker 8: Appeal asylum is tough, but I feel like he overcame 718 00:44:49,440 --> 00:44:52,520 Speaker 8: some of the hurdles that we usually see in some 719 00:44:52,680 --> 00:44:56,040 Speaker 8: of the obstacles that have been purposely, I think put 720 00:44:56,080 --> 00:44:57,839 Speaker 8: in the way of people being able to win their 721 00:44:57,880 --> 00:44:58,840 Speaker 8: asylum claims. 722 00:44:59,480 --> 00:45:03,560 Speaker 2: So if you had go in an appeal, hypothetically like 723 00:45:03,680 --> 00:45:05,720 Speaker 2: it wasn't a guarantee that he was going to get asylum, 724 00:45:05,760 --> 00:45:07,319 Speaker 2: but it sounds like you think maybe he had a shot. 725 00:45:07,880 --> 00:45:12,480 Speaker 8: Yeah, I think with correct legal advocacy, he would have 726 00:45:12,600 --> 00:45:16,760 Speaker 8: had a decent case for winning in Yeah. 727 00:45:21,200 --> 00:45:24,920 Speaker 2: Though it really wasn't a guarantee. When Jeff Sessions was 728 00:45:24,960 --> 00:45:27,759 Speaker 2: the Attorney General, he issued a legal decision that makes 729 00:45:27,800 --> 00:45:31,240 Speaker 2: it harder for Central Americans in particular to get asylum. 730 00:45:31,800 --> 00:45:34,880 Speaker 2: Between October of twenty nineteen and March of twenty twenty, 731 00:45:35,040 --> 00:45:39,080 Speaker 2: more than eighty six percent of Guatemalan's asylum applications were denied. 732 00:45:39,680 --> 00:45:42,680 Speaker 2: That's a significant increase since the end of the Obama administration. 733 00:45:46,920 --> 00:45:50,080 Speaker 2: A month after his final hearing, Elvis is still in detention, 734 00:45:50,360 --> 00:45:51,920 Speaker 2: waiting to be deported. 735 00:45:53,280 --> 00:45:55,760 Speaker 1: And called maybe monitored or recorded. 736 00:45:55,920 --> 00:45:58,040 Speaker 2: And he's still calling Wendy every day. 737 00:45:59,160 --> 00:45:59,520 Speaker 3: Talk and. 738 00:46:01,600 --> 00:46:02,000 Speaker 4: No more. 739 00:46:02,440 --> 00:46:05,800 Speaker 2: They talk about the baby. 740 00:46:07,600 --> 00:46:10,440 Speaker 3: I want you. 741 00:46:12,200 --> 00:46:17,759 Speaker 2: They talk about how Elvis is feeling. He says he 742 00:46:17,800 --> 00:46:22,440 Speaker 2: had a fever last night and couldn't sleep. He's frustrated 743 00:46:22,480 --> 00:46:25,800 Speaker 2: that even now, after being denied asylum and refusing the appeal, 744 00:46:26,200 --> 00:46:28,839 Speaker 2: he's still in detention and he doesn't know how long 745 00:46:28,880 --> 00:46:40,399 Speaker 2: he has left im. He says, if this country can't 746 00:46:40,440 --> 00:46:43,040 Speaker 2: help me, I don't want to be here anymore. He's 747 00:46:43,120 --> 00:46:52,360 Speaker 2: really sick of being locked up. Says the US government 748 00:46:52,440 --> 00:46:55,600 Speaker 2: wants to build a physical wall, but these laws are 749 00:46:55,719 --> 00:47:00,000 Speaker 2: also a kind of wall. Do you know what I'm 750 00:47:00,840 --> 00:47:03,600 Speaker 2: And he says what he's gone through isn't worth it. 751 00:47:12,480 --> 00:47:16,160 Speaker 2: Elvis was deported in early January. He'd been into attention 752 00:47:16,360 --> 00:47:18,839 Speaker 2: for eleven months, and the family says they'd spent more 753 00:47:18,880 --> 00:47:26,799 Speaker 2: than one thousand dollars on phone calls. A few weeks 754 00:47:26,800 --> 00:47:30,120 Speaker 2: after that, this is mid February. I fly to Guatemala 755 00:47:30,280 --> 00:47:36,800 Speaker 2: to meet Elvis in person. I visit him at a 756 00:47:36,840 --> 00:47:39,400 Speaker 2: little house that's on the end of a residential street 757 00:47:39,480 --> 00:47:42,520 Speaker 2: on the outskirts of Guatemala City. It's a neighborhood he 758 00:47:42,600 --> 00:47:45,600 Speaker 2: thinks is safer than his hometown, and he's staying here 759 00:47:45,640 --> 00:47:47,160 Speaker 2: with the family of an old friend. 760 00:47:48,560 --> 00:47:48,600 Speaker 1: O. 761 00:47:50,200 --> 00:47:53,440 Speaker 2: His room is bright with crayon yellow walls. There's a 762 00:47:53,520 --> 00:47:56,319 Speaker 2: bed and a plastic chair, and some stuff laid out 763 00:47:56,360 --> 00:48:03,880 Speaker 2: on a trash bag on the floor. I need to 764 00:48:04,800 --> 00:48:08,080 Speaker 2: There are stacks of baseball caps and some watches. He 765 00:48:08,160 --> 00:48:11,759 Speaker 2: bought them from wholesalers downtown and he resells them over Facebook. 766 00:48:12,360 --> 00:48:14,279 Speaker 2: This is how he's trying to make a living these days. 767 00:48:17,719 --> 00:48:23,000 Speaker 2: I say to Elvis, so you're really an Internet guy now, huh? 768 00:48:23,719 --> 00:48:26,280 Speaker 2: And I'm sort of joking around, but then I realize 769 00:48:26,320 --> 00:48:29,160 Speaker 2: it's serious. He says. It's a little safer this way 770 00:48:29,480 --> 00:48:31,879 Speaker 2: since he doesn't have to go out. He wouldn't feel 771 00:48:31,880 --> 00:48:37,000 Speaker 2: comfortable opening a storefront again. This is Elvis's new reality, 772 00:48:42,680 --> 00:48:48,520 Speaker 2: he says. He barely leaves the house, and if he does, 773 00:48:48,680 --> 00:48:51,520 Speaker 2: it's always with somebody else, somebody who can give him 774 00:48:51,560 --> 00:48:54,600 Speaker 2: a ride or pick him up. He doesn't go out alone. 775 00:48:55,680 --> 00:48:58,879 Speaker 2: The threat of extortion is like this low hum under 776 00:48:58,960 --> 00:49:02,840 Speaker 2: everything he does. On top of that, there's this feeling 777 00:49:02,920 --> 00:49:04,640 Speaker 2: he brought back with him from the US that he 778 00:49:04,840 --> 00:49:07,759 Speaker 2: just can't shake, like a disorientedness. 779 00:49:08,000 --> 00:49:10,320 Speaker 3: Sees the woics of movie. 780 00:49:11,239 --> 00:49:16,560 Speaker 2: He says he forgets what day it is. When he's 781 00:49:16,600 --> 00:49:18,640 Speaker 2: out in the city. He gets lost and he forgets 782 00:49:18,719 --> 00:49:23,279 Speaker 2: places he used to know. Sometimes people tell him things 783 00:49:23,360 --> 00:49:31,759 Speaker 2: and he just forgets. But the most painful thing is 784 00:49:31,880 --> 00:49:34,719 Speaker 2: to still be separated from his family, who he only 785 00:49:34,760 --> 00:49:35,960 Speaker 2: gets to see over WhatsApp. 786 00:49:41,600 --> 00:49:45,200 Speaker 3: Hello, I'm not going to stay. 787 00:49:46,800 --> 00:49:49,440 Speaker 2: Wendy looks tired. She was up late with the baby, 788 00:49:49,800 --> 00:49:58,120 Speaker 2: now she's breastfeeding. Wendy points the camera down towards Emily. 789 00:50:01,160 --> 00:50:03,839 Speaker 2: The baby opens her eyes wide and stares straight into 790 00:50:03,880 --> 00:50:14,360 Speaker 2: the camera. As they chat, the baby starts to fall asleep. 791 00:50:17,400 --> 00:50:22,200 Speaker 2: They say goodbye. Elvis says he'll call back later. Yes, 792 00:50:33,360 --> 00:50:35,680 Speaker 2: Elvis doesn't know when he'll get to see Wendy and 793 00:50:35,760 --> 00:50:39,240 Speaker 2: Emily again. Wendy is still waiting for her own asylum. 794 00:50:39,360 --> 00:50:41,880 Speaker 2: Hearing he doesn't think it's safe for them to come 795 00:50:41,920 --> 00:50:44,920 Speaker 2: back to Guatemala, and as much as he wants to 796 00:50:44,960 --> 00:50:47,920 Speaker 2: be with them, he just can't imagine trying to go 797 00:50:48,080 --> 00:50:57,800 Speaker 2: back to the United States. The process was so maddening 798 00:50:58,160 --> 00:51:02,000 Speaker 2: and so painful that he says he'd rather be killed 799 00:51:02,600 --> 00:51:05,080 Speaker 2: than get caught at the border trying to get back 800 00:51:05,120 --> 00:51:05,760 Speaker 2: to his family. 801 00:51:44,200 --> 00:51:48,440 Speaker 1: This episode was produced by Alissa Scarce, Max Siegelbaum, and 802 00:51:48,800 --> 00:51:52,760 Speaker 1: Mazin Sidahbed, with help from Uja Rocha, who was reported 803 00:51:52,800 --> 00:51:56,840 Speaker 1: in partnership with the Wayne Barrett Project at Type Investigations. 804 00:51:57,320 --> 00:52:00,359 Speaker 1: It was edited by Sophia Alissa kr and mixed by 805 00:52:00,560 --> 00:52:04,240 Speaker 1: Lea Shawn d'amaran. Fact checking for this episode by Nina's 806 00:52:04,280 --> 00:52:09,440 Speaker 1: Wi Special thanks to Type Investigations executive editor Sarah Bluestain 807 00:52:09,800 --> 00:52:16,720 Speaker 1: and reporters Irene Tang, TV Taylor Vuolo, Irene Spezzamonte, Ralph Ortega, 808 00:52:17,200 --> 00:52:21,920 Speaker 1: Hanna Beckler, and Grace Moon. The Latino USA team includes 809 00:52:22,400 --> 00:52:29,200 Speaker 1: Andrea Lopez Gruzsado, Marta Martinez, Mike Sargent, Daisy Contreres, Victori Estrada, Rinaldo, 810 00:52:29,320 --> 00:52:34,320 Speaker 1: Leanos Junior, Patricia Subaran, and Elizabeth Lento Torres. Our editorial 811 00:52:34,400 --> 00:52:38,840 Speaker 1: director is Fernandez Santos. Our director of Engineering is Stephanie Lebau. 812 00:52:39,280 --> 00:52:43,040 Speaker 1: Our senior engineer is Julia Caruso. Our associate engineers are 813 00:52:43,080 --> 00:52:47,360 Speaker 1: Gabriel Lebias and jj Carubin. Our marketing manager is Luis Luna. 814 00:52:47,480 --> 00:52:50,560 Speaker 1: Our theme music was composed by Jeanie Ruinos. I'm your 815 00:52:50,600 --> 00:52:53,680 Speaker 1: host and executive producer marieo Posa. Join us again on 816 00:52:53,760 --> 00:52:56,360 Speaker 1: our next episode and in the meantime, look for us 817 00:52:56,440 --> 00:52:59,960 Speaker 1: on social media and more than ever not Telayes. 818 00:53:00,000 --> 00:53:09,400 Speaker 2: Oh Latino USA is made possible in part by the 819 00:53:09,520 --> 00:53:12,960 Speaker 2: Annie E. Casey Foundation. Creates a brighter future for the 820 00:53:13,080 --> 00:53:17,920 Speaker 2: nation's children by strengthening families, building greater economic opportunity, and 821 00:53:18,040 --> 00:53:23,160 Speaker 2: transforming communities, the Ford Foundation, working with visionaries on the 822 00:53:23,200 --> 00:53:28,240 Speaker 2: front lines of social change worldwide, and funding for Latino 823 00:53:28,360 --> 00:53:31,760 Speaker 2: usas Coverage of a culture of health is made possible 824 00:53:31,840 --> 00:53:34,680 Speaker 2: in part by a grant from the Robert Wood Johnson Foundation.