Asylum Seeker Freed After 5-Year Detention

Glorismel Centeno Never Had Hearing For His Case During Time In Custody
POSTED: 6:59 pm PDT October 28, 2011
UPDATED: 7:28 pm PDT October 28, 2011

SAN DIEGO -- A 30-year-old asylum seeker has been freed after nearly five years in federal detention, and his case has sparked a debate on the powers of Homeland Security.

Two decades ago, after a family member was killed, a then-10-year-old Glorismel Centeno and his family escaped from the civil war in El Salvador to the U.S.

"We were very scared. Every day was a different thing. People shot, dead or decapitated," said Centeno.
His mother applied for and received asylum.
In Los Angeles, Centeno fell into the wrong crowd that included gang members during his high school years.
After a robbery conviction, Centeno was deported back to El Salvador.
"I knew I was going to end up dead. The death squads routinely picked up those deported back to the country," said Centeno.
He said he sneaked back across the U.S.-Mexico border into San Diego and turned his life around.
He removed his tattoos, volunteered for an anti-gang group, got a job and supported a family.
However, after a trip to Tijuana, Centeno was detained upon returning to the U.S. and held in a downtown facility. He faced charges for ignoring the deportation.
After a year and a half, the charges were tossed out and his deportation was ruled invalid because his application for asylum wasn't factored in.
"I was happy. I thought I would get to see my family and my son," said Centeno.
Centeno, however, did not get to taste freedom.
"I felt like I was never going to get out," he said.
For nearly three more years, Centeno would languish, with no hearing to present his case -- a dilemma for many detained at the border, including those with criminal histories.
"The problem is Homeland Security is playing the role of judge and jury when it comes to people in detention," said Sean Riordan, staff attorney with the ACLU in San Diego.
After the ACLU petitioned a court, federal authorities decided to release Centeno.
"This is the only place in American justice where a person can be detained for years without a hearing to determine if it's justified," said Riordan.
"In the interest of national security, don't we have a right to keep you as long as needed?" asked 10News reporter Michael Chen.
Centeno replied, "I say it's wrong. Everyone has a right to present their case."
Centeno's asylum application is still pending, but he still faces deportation proceedings.
Homeland Security officials declined to comment because of pending litigation.
The ACLU is challenging the scope of federal powers in an appellate court.

http://www.10news.com/news/29620722/detail.html