Alejandro Sánchez: How long will your extradition process take in the United States? | Pedro Castillo | Shadow Cabinet | Judiciary | USA | principle

This was pointed out by the Minister of Foreign Affairs Ana Cecilia Gervasi last Monday “We have been informed that US authorities have denied asylum to Mr. Sanchez.”. This comes more than a month after he illegally entered the United States and was detained in the state of Texas.

“However, he has appealed and that appeal will be decided by North American authorities in the coming days, so we hope he will be extradited to Peru to face justice.”He added in a press conference.

The road is still long

In the interview TradeAttorney Alexandros H. Cornejo is a licensed immigration specialist in New York It was considered as a means of resolving the asylum claim of the interrogated Alejandro Sánchez Sánchez It is still longer and may take months or even years. insisted that No one makes such a quick decision about asylum, and that is wrong.

A lawyer from the Cornejo Law Group explained that asylum “It is a right recognized by most countries of the world under jurisprudence” A person in it “You must demonstrate a well-founded fear of returning to your country because of past or future persecution.”. And it defines you by race, nationality, sexual orientation, but also political opinion and/or membership of a particular social group.

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Lawyer Alexandros H. Cornejo noted that there are two types of asylum: affirmative asylum, which is for those legally admitted to the United States; And the defense is that it’s for irregular immigrants who are facing the deportation process, which is what happened in the case of Alejandro Sánchez.

The expert opined “Defensive asylum, basically, opens up three war fronts”. The first is related to USCIS (United States Citizenship and Immigration Services), which is the immigration center for citizens who receive asylum applications. The second is ICE (Immigration and Customs Enforcement), an agency of the Department of Homeland Security responsible for monitoring those in the United States who are not legally admitted.

And a third time is opened before the Immigration Court, which has the power to make a final decision on an asylum claim.

“What’s going to happen is when he asks for asylum, there will be a preliminary hearing and then a merits hearing where Mr. Sanchez’s fate will be decided. Even if he loses his asylum claim, one can appeal to the Board of Immigration Appeals, which will wait two years for his appeal. , and if he loses that appeal, he could also file suit in federal court.The lawyer explained.

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The The United Nations Refugee Agency has pointed out that, precisely, there are three stages in the defensive asylum process: the first initial investigation; then an individual hearing or competency hearing, where a representative of the Department of Homeland Security participates; and one-third in the case of an appeal before the Board of Immigration Appeals.

Lawyer Alexandros H. Cornejo also noted that parallel to the resolution of the asylum request, there is a possibility that a request for bail will be submitted so that Alejandro Sánchez can face the process independently.

Argument of political persecution

In conversation with TradeAlejandro Sánchez’s lawyer in Peru, Tomás Gálvez Villegas, insisted that the North American immigration justice system had not yet ruled on his client’s asylum claim, stressing that if it did, appeals and extraordinary evidence could still be offered to avoid them. Deportation to Peru.

“This is a police report. [norteamericana] It came negative. But it can only be heard in court these days, and what is decided there can, in the first instance, be appealed twice. There may still be a habeas corpus.Galvez noted.

For Sanchez’s attorney, the lawsuit “It’s still a work in progress.” And no final result. “Obviously the first point came out negative, but actually the first person who interviewed him didn’t understand Spanish very well and said he didn’t understand the case very well”he added.

Trade He asked the Ministry of Foreign Affairs to specify which event or headquarters made the judgment about Sanchez’s situation, but they did not respond until the end of this report.

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According to Gálvez, a lawyer who is part of an association that advises refugees and the politically persecuted in the United States took on Sanchez’s case. There a case of political persecution was raised to prevent his deportation to Peru.

Among the arguments presented for this purpose, Interpol refused to issue a red alert against Sánchez and to carry out an international arrest in application of Article 3 of its law, which states that any activity or interventions of a political, military, religious or ethnic nature. According to Gálvez, Interpol made an explanation without a request from anyone.

“They are [La Interpol] They say it has political content and that is why there is no international arrest. From there they get the idea and then they gather some information and with that they apply for asylum. (…) [La Interpol] He argued that it had some political content and no one asked Interpol or anything until they evaluated it.Galvez insisted.

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Alejandro Sánchez, who was under investigation, was arrested on Thursday, September 7, for his entry into the United States, but not for charges of criminal organization, influence peddling and conspiracy by Peruvian authorities, as they did not go against him. International Arrest Warrant.

In response to questions a few days after learning of his arrest, the Justice Department realized it needed it “occasionally” The businessman’s immediate location and capture after a 30-month detention order was issued against him in force in Peru. However, the international organization did not accept the request of the Peruvian judiciary.