Apr 23, 2008 4:20

Family Who Fled Salvadoran Violence To Stay In TX

An immigrant woman who sought refuge in the U.S. to escape the gang violence linked to her husband's slaying in El Salvador won't be deported to the Central American country along with her three children as the family had feared, their attorney said Wednesday.

Ana Medrano, 47, and her three children -- Kenia, 18, Yeslin, 13, Jeffrey, 9 -- have been uncertain of their future for more than a year because asylum is not typically granted to those fleeing criminal violence.

Her husband, Jose Arturo Medrano, was gunned down months after his deportation last year. Family attorney Fernando Dubove had been arguing that the killing proved the family was in danger and should be allowed to stay in the U.S. even if they didn't qualify for asylum.

The Medranos, who learned Wednesday they would be allowed to stay on a supervised basis, were a middle class Salvadoran family in San Miguel in 2006 when their troubles began.

Ana Medrano said she had been an elementary school teacher for more than 20 years, her husband ran the family's small dairy farm and the children attended school.

They had no intentions of immigrating to the U.S., Ana Medrano said, at least until hooded gunmen dressed in black fired several rounds into their home one evening and then sped away. The gunmen were believed to be gang members seeking to collect "taxes" from livestock owners. Bullets struck the window, door and other spots, but no one was hurt, according to documents in the case.

"We couldn't live at home anymore," Ana Medrano said in Spanish. "The kids were left psychologically scarred. When they would see a car nearby, they were frightened."

Federal officers didn't respond to calls that night because no one was killed. Local police didn't arrive until the next day, and even though they took a report, the Medranos felt they couldn't be protected. The family left about three weeks later for the U.S. in attempt to reach relatives in North Texas.

"We knew we didn't have the legal documents," she said. "But to save your children's lives, you'll do anything."

The Medranos tried to cross the border from Reynosa, Mexico, in November 2006 but were caught by U.S. Border Patrol agents in McAllen and taken into custody.

After 18 days, Ana Medrano and her children were released into the custody of her husband's relatives in the U.S., who posted bond.

Jose Medrano remained in custody and was deported in February 2007. He was killed June 2 -- his birthday -- as he drove to visit relatives. Jose Medrano had slowed down for a road block the family believes was set up by gunmen. The perpetrators were never found.

"It's basically thugs who made good on a promise," Dubove said.

Even after the slaying, the family didn't have a case for asylum.

People seeking asylum must first reach the U.S. to apply. Once here, asylum seekers have to prove they were persecuted because of their race, religion, ethnic group, political opinion, nationality or membership in social group.

"It's hard to fit gang-based violence claims into the legal definition of asylum," said Michelle Brane, of the Women's Commission for Refugee Women and Children.

Along with clear evidence of their persecution and fear, asylum seekers have to show that their government is either unwilling or unable to protect them, Brane said.

"Asylum is not that easy to win," she said.

For now, the family has been allowed to remain in the country under an order of supervision. Similar to parole, it requires them to check in with immigration officials and allows them to apply for permission to work in the country, Dubove said.

They're scheduled to meet later this month with immigration authorities about their case. But it's unclear how long they family will ultimately be allowed to remain in the U.S.

http://cbs11tv.com/local/deportation.US ... 06947.html