Facebook Twitter Flickr Pinterest Linkedint Youtube

U.S. Removal Proceedings: General Vides Casanova

The Removal Hearing of General Carlos Eugenio Vides Casanova

U.S. Removal Proceedings: General Vides Casanova

The Removal Hearing of General Carlos Eugenio Vides Casanova

Carlos Eugenio Vides Casanova in Removal Proceedings


IN BRIEF | BACKGROUND

IN BRIEF


In 2006, the Eleventh Circuit Court of Appeals upheld a $54.6 million jury verdict against Generals José Guillermo García and Carlos Eugenio Vides Casanova, two former Salvadoran Ministers of Defense who oversaw the worst period of human rights violations in El Salvador's history. CJA and pro bono co-counsel Morrison & Foerster represented the plaintiffs: Juan Romagoza Arce, Neris Gonzalez, and Carlos Mauricio. Click here to read more about that case.

Since the verdict, CJA has engaged in an extensive campaign, including testifying before Congress to convince the federal government to initiate removal proceedings against the Generals. In 2009, as a result of letters from Senators Durbin and Coburn and CJA's continued behind-the-scenes efforts to encourage criminal prosecution, DHS announced that it had initiated deportation proceedings against García and Vides Casanova for assisting in the torture of Salvadoran civilians.

On February 23, 2012, the immigration judge (IJ) ruled that Vides Casanova, the former defense minister of El Salvador, could be removed under U.S. immigration law for the torture of Salvadoran citizens, the 1980 killings of four American churchwomen, and the 1981 killings of two Americans and a Salvadoran land reformer. This historic decision marks the first time that federal immigration prosecutors have established that a top-ranking foreign military commander can be deported based on human rights violations under a law passed in the aftermath of the Sept. 11 terrorist attacks, intended to bar human rights violators from coming to or living in the United States.

BACKGROUND


Policy Efforts

After the 2006 verdict, CJA and our clients have engaged in an extensive campaign to convince the federal government to initiate removal proceedings against the Generals.

In 2007, CJA client Dr. Juan Romagoza and CJA Executive Director Pamela Merchant testified before the U. S. Senate Judiciary Committee's Subcommittee on Human Rights and the law. The hearing, "No Safe Haven: Accountability for Human Rights Violators in the U.S.," examined what could be done on the level of policy, legislation, and enforcement to hold human rights abusers who have settled in the U.S. accountable.

»Read CJA client Dr. Juan Romagoza's testimony here.

»Read CJA Executive Director Pamela Merchant's testimony here.

As a result of that testimony, Senators Durbin and Coburn wrote a letter to DOJ and DHS urging those departments to investigate prosecution and/or removal of the Generals. In 2009, as a result of that letter and CJA's continued behind-the-scenes efforts to encourage criminal prosecution, DHS announced that it had initiated deportation proceedings against García and Vides Casanova for assisting in the torture of Salvadoran civilians.

Removal Trial

After many delays, the trial against Vides Casanova began in April 2011 and two of our clients testified. CJA assisted in witness preparation of our clients and was present for the trial, which lasted for one week. We also provided the government with evidence and exhibits used during our civil case against the Generals.

On February 23, 2012, the immigration judge (IJ) ruled that Vides Casanova, the former defense minister of El Salvador, could be removed under U.S. immigration law for the torture of Salvadoran citizens, the 1980 killings of four American churchwomen, and the 1981 killings of two Americans and a Salvadoran land reformer. This historic decision marks the first time that federal immigration prosecutors have established that a top-ranking foreign military commander can be deported based on human rights violations under a law passed in the aftermath of the Sept. 11 terrorist attacks, intended to bar human rights violators from coming to or living in the United States. The decision also confirmed that Vides Casanova can be removed based on the human rights charges brought by the government.



In May 2012, Vides Casanova applied for relief from the IJ on the February 23rd removal order. This request was denied on August 16, 2012. On September 17, 2012, Vides Casanova appealed the decision to the full board.

» Click here to read more about the testimony and hearing.

The Decision

In late 2012, the DOJ denied a Freedom of Information Act request by the New York Times to release the IJ's ruling. The Times filed a lawsuit in federal court on April 3, 2013, and the case was calendared for a scheduling conference before J. Richard Sullivn in the Eastern District of New York.

After the lawsuit was filed, the DOJ reversed its decision to deny the FOIA request. A version of the decision was released on April 4, 2013.

» Click here to read the decision.

» Click here to read the letter from the DOJ that accompanied the decision.

» Click here to read a summary of the decision by CJA Senior Legal Adviser Carolyn Patty Blum

On May 29, the New York Times sought federal court review of their FOIA request seeking disclosure of the full record (transcripts and documents) in the removal proceedings against former Salvadoran Minister of Defense Vides-Casanova.  CJA applauds the Times' commitment to transparency of the removal proceedings.  The removal cases have become an important means to end the impunity of the Salvadoran military leadership during the state terror of the 1980s and to contribute to the accuracy of the historical record of the Salvadoran conflict.