http://www.dfw.com/mld/dfw/15081281.htm

Posted on Thu, Jul. 20, 2006


Abuse victim is given a new start

By PATRICK McGEE
STAR-TELEGRAM STAFF WRITER

DALLAS -- Yolanda Mendez's tortured life of repeated beatings and rapes was pushed a little further into her past Wednesday when an immigration judge granted her legal resident status on humanitarian grounds.

The 19-year-old Mexican woman, who now lives in Arlington, was brought to the United States illegally by the man -- a relative by marriage -- who would later be convicted of physically and sexually abusing her. Juan Garcia Aguilar, 46, is serving a prison sentence of life plus 20 years for aggravated sexual assault and sexual assault of a child.

The Star-Telegram usually does not identify victims of sexual abuse, but Mendez's lawyer, Michelle Saenz-Rodriguez, said Mendez spoke to the media Wednesday because she wants to be a source of strength to other victims of abuse.

She's thankful for the courage of three people -- Aguilar's son, the woman who stood up to the abuser and an Arlington woman who took her in as her own.

Mendez's suffering began at an early age.

Her mother died when she was 3. Her father gave her to her mother's cousin and had no further contact with her. Aguilar is the husband of Mendez's mother's cousin.

Aguilar started abusing Mendez in Mexico when she was 9, and he brought her with him when he immigrated to the United States illegally in 2001 to work in the fields in North Carolina, Georgia and Texas. Mendez said she sometimes worked with him -- and was repeatedly abused by him.

Mendez told her story in Spanish.

"It was as horrible as you can imagine," she said. "This happened every night. He entered my room and violated me."

The abuse continued when they settled in a Dallas apartment with other members of Aguilar's family.

At Wednesday's hearing in Dallas Immigration Court, Saundra Arrington, assistant chief counsel for Immigration and Customs Enforcement, told Judge D. Anthony Rogers that Aguilar raped Mendez shortly after she gave birth to their daughter, Adilene, at Parkland Hospital in Dallas.

"We do believe that as a matter of humanitarian discretion this young woman should be granted any relief she seeks before the court," Arrington said.

Rogers granted her permanent resident status under a provision of the law that extends protection to unaccompanied illegal immigrants who are minors.

He wished her well.

"It looks as though, with the help of a bunch of folks, you are about to have a new start," he said.

Mendez responded in broken English, "Thank you -- everyone helped me -- thank you so much."

She started crying and fanned her face with her hands in an attempt to regain her composure.

Mendez said the chain of people who helped her started in 2004 when Aguilar's son saw him hit her.

He gave her $30 and told her to flee with her daughter in a taxi. Mendez said she went to the Dallas home of Aguilar's boss and asked the man's wife for help.

The wife took Mendez to the store to buy diapers and clothes for the baby. They returned to find that Aguilar had come looking for her. He demanded they "give me back my woman."

"I was shaking with fear," Mendez said.

She said Aguilar told them that he would call the police if Mendez was not returned to him. The wife broke into a smile and called his bluff, Mendez said.

"She said, 'Go ahead, call them right now,' " Mendez said.

Aguilar gave up, and the wife took Mendez to the Mexican Consulate in Dallas to seek help.

That's where Mendez met Susana Loera, an Arlington resident and an employee of the consulate at the time.

Loera called the Dallas district attorney's office, which started an investigation.

Immigration and Customs Enforcement agents arrested Aguilar on Sept. 24, 2004, and held him until the district attorney was ready to press charges.

Aguilar pleaded guilty to the sexual assault charges on April 22, 2005.

Loera, 34, a single mother of one, adopted Mendez and her infant when Mendez was 17. Adilene is now about to turn 2.

Loera, who now works for a private law firm, said Mendez has a second-grade education level according to tests taken at the Mexican Consulate. She now studies with a tutor. She wants to be a hair stylist and someday own her own salon.

"I would like to have a normal life here," she said. "Like I never had before."


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Patrick McGee, 817-685-3806 pmcgee@star-telegram.com