November Trial: Help a Salvadoran Man Who Survived a Murder Attempt Fight His Deportation
*Zack– El Salvador
Zack* is a 22-year-old man who is fighting his deportation because people in El Salvador who intimidated, threatened, and even tried to kill him when he was a child still want to kill him. He also fears harm from the Salvadoran authorities and police because they continue to detain and imprison young men like Zack – systematically, arbitrarily, and without due process – under that country’s current State of Exception. Zack is eligible for fear-based protection from deportation that may include asylum, withholding of removal, and protection under the Convention Against Torture. He needs legal representation in his deportation hearing in immigration court that is scheduled for November 1 in Annandale, Virginia.
Zack lived with his grandparents and his siblings in El Salvador when he was a young child. For many years, there had been trouble between his family and another, distantly related family that wanted the land that his grandfather farmed. The other family threatened and harassed Zack throughout his childhood, and they escalated their threats against him when he was around 11, by which time Zack’s siblings had left home and he was farming alongside his grandfather. The other family threatened Zack and lay in wait for him with weapons on multiple occasions. Zack and his grandfather reported them to the police, but the police let the other family off with a warning.
An incident that happened when Zack was 16 led him to leave his country for his safety. Lucien*, a member of the family who had threatened and had lain in wait for Zack on previous occasions, ambushed Zack and attacked him. Zack defended himself and ended up killing Lucien in self-defense. Zack went to the police and told them what happened and that he had killed Lucien in self-defense. When a complaint was filed against Zack in juvenile court, he was exonerated, with the judge ruling that there was no evidence against him for homicide. One of Lucien’s relatives threatened Zack’s life after the case against him was dismissed. The judge heard this and advised Zack to leave the country. Lucien’s relatives issued more threats, and Zack came to the U.S.
In the past five years in the U.S., Zack has built a new life. He is a key employee at a bakery, and he and his partner became parents earlier this year. He has thrived even though he remains fearful for his safety and still suffers from trauma related to the events that took place in El Salvador.
Just over a year ago, a traffic stop resulted in gun charges when Zack told the police officer that he had a gun in the car for self-protection. Zack is represented by counsel on those pending charges, a judge ordered him released pretrial, and Zack has complied with all pretrial release conditions. However, DHS initiated deportation proceedings against him and has held him in civil immigration detention since June.
Zack fears that if he is deported, Lucien’s relatives will follow through on their threats to kill him. Zack also fears harm from the Salvadoran government, operating under the current State of Exception. Ample country conditions evidence, including in U.S. State Department reports, supports his fears, as authorities have been arbitrarily detaining and arresting young men like Zack, and some of these men have disappeared or been killed. Zack is afraid the Salvadoran government will target him due to his criminal charges in the U.S., his youth, and his past juvenile proceeding in El Salvador.
All Amica Center matters placed with a pro bono team are robustly mentored by a Amica Center attorney. Our mentoring program includes an opening meeting to discuss the scope and process of the matter, provision of samples, guidance on the law, review of draft filings, assistance with client contact, and guidance on preparation for interviews and hearings.
- Timeline: Zack’s individual hearing is scheduled for November 1 in Annandale, VA. If needed, Amica Center will help an interested attorney obtain an appropriate continuance as a prerequisite to representation.
- Location: Farmville, VA (detained)
- Language: Spanish — will require a fluent Spanish-speaking pro bono team member or an external interpreter/translator.
Please contact our Managing Attorney for Pro Bono Coordination, Jennifer Grishkin, at Jennifer@amicacenter.org if you are interested in taking this case.
*Pseudonyms are used to protect privacy.
Additional Information
-
Timeline
Zack’s individual hearing is scheduled for November 1 in Annandale, VA. If needed, Amica Center will help an interested attorney obtain an appropriate continuance.
-
Location
Farmville, VA (detained)
-
Language
Spanish — will require a fluent Spanish-speaking pro bono team member or an external interpreter/translator.
Please contact our Managing Attorney for Pro Bono Coordination, Jennifer Grishkin, at jennifer@amicacenter.org if you are interested in taking this case.
*Pseudonyms are used to protect privacy.