Exam Hypo Ripped from the Headlines
Maylin Silva is described by the Miami Herald as a Venezuelan activist. She was, the paper notes, “well known for her involvement in opposition activities against the Venezuelan government” within her South Florida Venezuelan community.
Last year, Silva was incited for immigration fraud. Federal agents found that “for almost 10 years she had helped undocumented Venezuelans to seek immigration documents in exchange for illegal payments.” Not good.
This week, Silva was sentenced. She received a pretty lenient 30 months.
Silva’s attorney told the court that that “she does not want to be deported to Venezuela because she opposes the government there.” And he later told journalists that “while Ms. Silva committed a crime against the United States, she did so while helping Venezuelans escape from an oppressive and tyrannical regime. Let that not be forgotten.”
So – your exam. Is Silva eligible for asylum? Other relief? Would your analysis change if you knew that when she first learned of the indictment Silva attempted to flee the country… to Caracas?
That’s a tale worthy of at least an in-class hypo!
-KitJ