Thread: One New Jersey sister who fears Guatemalan gang can stay in

Judges: One New Jersey sister who fears Guatemalan gang can stay in U.S., but the other must be deported

Appeals panel says second woman didn't prove she's at riskBY Erica Pearson
Tuesday, November 29 2011, 12:31 PM

It’s the ultimate split decision: a court says a woman marked for death by a Guatemalan gang can stay in New Jersey, but the sister who gave her refuge will be deported.

Silvia Moreno Garcia, 30, testified in her homeland against members of the vicious gang Valle del Sol, who were on trial for murdering an activist.

Her turn on the stand put her in such danger that the Guatemalan government enrolled her in witness protection and sent her to Mexico, court papers show.

But it wasn’t enough — Garcia said she saw one of the killers in the Mexico City subway and got threatening phone calls while there.

So in 2005, she fled over the border, all the way to northern New Jersey, home of her older sister, Claudia Moreno Garcia.

Before long, Immigration and Customs Enforcement flagged both women and moved to deport them.

They have been fighting to stay ever since, saying the gang will torture or kill both of them if they return to Guatemala.

A Newark immigration judge denied them both asylum, saying the Guatemalan government could protect them, and the Board of Immigration Appeals sided with the judge.

On Monday, the Third Circuit Court of Appeals in Philadelphia ruled Silvia — but not Claudia — should be allowed to stay.

“Although the Guatemalan government displayed great willingness to protect Silvia before and after her testimony... this willingness sheds no light on Guatemala’s ability to protect her,â€

Does she have anchor babies and welfare?