“Basically, the judge found her not eligible for
withholding of removal (deportation) and found it more likely than not
she wouldn’t be persecuted” in
Immigration laws do not recognize adoption as a special circumstance in deportations.
essentially denied every aspect of Cohen’s appeal except to agree that
a drug conviction that led to her deportation problem was not a serious
crime requiring her automatic removal.
Cohen’s predicament was the subject of a
The ruling this week stunned Cohen and Rios. After
an October hearing, both had hoped she might be home with her husband
and two young children in
“I’m devastated,” Cohen said Thursday in a telephone
interview from the detention center. “My husband (Jay) is appalled by
the system and angry the system says his wife is not going to be in
danger if she goes back to
“I know nothing about
Cohen said that despite the immigration laws, she
feels she is as American as anyone else is this country because she was
brought here by her American parents and raised as an American.
Her parents didn’t get her naturalized nor did she
when she had the chance. By the time she tried to get citizenship as
the spouse of an American, she was already in trouble with the law.
Cohen was arrested in 2008 on theft and
drug-trafficking charges. She pleaded guilty to stealing a purse
containing two bottles of prescription pills and to the trafficking
charge, though she never sold a pill.
She served three months of a one-year-and-a-day sentence in prison and federal
Because she was not considered a citizen or a legal resident, her drug charge made her an automatic candidate to be deported.
Cohen said she knows her immigration troubles are
mostly of her own making but doesn’t feel it is fair for her or other
child adoptees. “I can’t go back to
She said she plans to appeal the deportation decision again to the federal
thought enough of Cohen’s case to ask Rios to be her attorney. The
small fee he received came from the Mexican government through a
program for Mexican nationals in
Fitting initially ordered Cohen deported in
At a hearing in
agreed the drug charge did not appear to be a “particularly serious”
charge that would require her automatic deportation.
That verbal ruling and what Cohen and Rios felt was Fittings general sympathetic comments about the case gave them hope.
To stop the removal, however, Rios also argued that his client needed asylum because she would face persecution in
Rios contended Cohen’s particular circumstances —
white, a woman, poor — would make her like an immigrant and subject to
abuse and violence. She also suffers from a bipolar disorder and has
been diagnosed with post traumatic stress disorder stemming from an
assault when she was a teenager.
“Six out of 10 migrant women and girls experience sexual violence in
and all such women face this serious risk of trafficking,” Rios said in
his legal brief. “… Kidnapping of migrants for ransom reached almost
10,000 in 2009. …
“Additionally, there is documentary evidence that (Cohen) would be persecuted in
Besides violence, Rios said Cohen’s circumstances
would make it impossible for her to make a living and support herself
in what would be essentially a foreign country.
Cohen also told the judge her husband and children wouldn’t be able to be with her in
In her lengthy ruling, Fitting examined each of
Cohen’s fears and ruled she had not established that it is “more likely
than not that she would be persecuted because of her circumstances.”
Fitting noted the Mexican government has criminal
laws and rules about women’s rights and pay in the workplace as well as
medical treatment for its citizens.
Though Cohen hasn’t been in
since she was a baby, Fitting noted that there was no evidence showing
Cohen was persecuted by the Mexican government in the past.
“Not every act of discrimination or harassment rises to the level of persecution,” the judge said.
(c) 2010, The News Tribune (Tacoma, Wash.).
Distributed by McClatchy-Tribune Information Services.