A Colombian man who has been seeking asylum from his native country amid claims that he was discriminated against for his religious and political views had his petition denied by a federal appeals court Wednesday.
The appeal filed by Francisco Alberto Terreros-Guarin was denied by the 10th Circuit Court of Appeals because Terreros-Guarin failed to seek asylum within one year of his visa expiring and was unable to show that his life or liberties would be in immediate danger if he returned to his home country, the decision states.
Terreros-Guarin said he was being targeted in Colombia for being a member of The Church of Jesus Christ of Latter-day Saints, for associating himself with the country's liberal party and for being pro-American and working for American companies.
Terreros-Guarin came to the United States with his wife in 2000 on a six-month tourist/business visa. He told an immigration judge that he and his family were attacked three separate times in 1999, prompting them to sell their family jewelry business and leave Colombia.
According to his testimony to the judge, Terreros-Guarin's family was attacked in April, September and November of 1999. In all three of the attacks, his family was traveling in their car before being confronted by groups of armed men who threatened his life and the life of his family members. He said his family was also threatened and "psychologically tortured."
While Terreros-Guarin believed the three attacks were mostly tied to his political views and his membership in pro-American groups, he said many of the threats stemmed from his LDS religious views. A member of the LDS Church since 1969, he had served a mission in Peru and held various leadership positions in the church in Colombia.
He told officials that there were bombings of LDS chapels and persecution directed at LDS Church members by "Communist-oriented terrorist groups," which see the LDS Church as "an American organization that meddles in Colombian affairs," the decision states.
Though the visas acquired by Terreros-Guarin would have expired in July 2000, he stayed in the United States, eventually filing for asylum status in February 2002. Statute requires that asylum status be sought within one year of the visa's expiration.
Beyond the fact that the required time frame had passed, the decision, written by Judge Timothy Tymkovich, also found that Terreros-Guarin was unable to prove that the persecution he endured in Colombia was prompted by his Mormon religious views or his liberal political opinions.
"The (immigration judge) noted that many people in Colombia espouse the same political views as Mr. Terreros and that his views are well represented within the government of Colombia," the decision states. "There are also many Mormons in Colombia and no evidence that he would be targeted there for his religious beliefs."
Source: deseretnews.com/
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