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Case Study

The Hidden Horrors Of Asylum Cases In The U.S.

Our client, Marcia Mendoza Batan, came to the United States when she was only 18 years of age, running for her life, lawfully surrendering herself at the border asking for asylum. Applying for asylum is not supposed to victimize the applicant for a second time. This “civil detention” turned out to be an instrument for robbing women of their right to have children.
Marcia, from Guatemala, fled because she was being raped by a gang member who had claimed her as his possession.

Her mother, Iris Batan, realized that if she didn’t take her daughter Marcia and her other kids out of the country, that their lives would be in danger forever. Because these gangs don’t take “no” for an answer, Marcia and her family would have been killed if they stayed.

While in custody, she was tortured and almost forced against her will to have a hysterectomy.

What is Asylum

Asylum is essentially legal protection for people who are afraid to return to their home country. Usually for reasons like:

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Fear of being tortured for Political opinion

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Fear of being prosecuted based on Religion

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Fear of Violence against your sexuality or race

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An Incredible Fear Of Returning To HOme Country

When they arrived at the border, Marcia’s mom and other siblings were paroled in but the family was immediately separated. Because Marcia was 18, they held her back and forced her to remain in Mexico, waiting for her asylum interview. This is a new policy from the Trump administration used as a deterrent to stop people from seeking refuge.

The US is supposed to be a safe harbor, a sanctuary to protect the vulnerable and preyed upon. But Marcia unfortunately did not find safety here.

Marcia remained in Mexico and finally got her interview and was granted entry. She believed she was going to be protected and on her way to freedom. Instead, she was sent to a detention camp in Georgia to present her case and was denied any chance for bond.

What is Bond

Some individuals are eligible to pay a bond and be released from detention while their immigration cases are pending. A bond is an amount of money that is meant to ensure that you will continue to appear at your immigration hearings if you are released from detention.

Many who arrive seeking asylum are not eligible for bond from an immigration judge. If you are eligible for bond, it will typically range from $1500- $20,000 and ensures that you will show up for your hearings, and acts as a sponsor.

Marcia was not granted bond because she was sent to a Georgia detention facility. Their policy is if you surrender yourself you have to go to detention and you wil not receive bail. However had she been transported to California, for example, she would have gotten a bond. It depends on your case and location, as well as the judge if you can get out on bond or not. 

FOR-PROFIT DETENTION CENTERS

FOr profit detention centers like The Irwin Detention Center in Georgia where this took place, are not federal facilities. Their bottom line is to make money.

One of the easiest ways to make a lot of money is on surgeries. Most of these surgeries are not necessary and should never happen. But in order to rack up the government fees unnecassary surgeries are performed.

These are doctors who have taken an oath to do no harm so this is very criminal on every level. And these doctors are performing and forcing hysterectomies without even performing a physical, without even letting these women know. And then billing the U.S. government a great deal.

They were drugged because, at these “for-profit” detention centers, like Irwin Co. Detention Center in Georgia, where the famed «uterus collector» Dr. Mahendra Amin performs hysterectomies without their consent, leaving these women sterilized. The only thing that matters to them is making money. They are sterilizing young women to stop growing generations here in America, and the government is paying the tab and sanctioning this outrageous criminal behavior. Other than normal period cramps, nothing was wrong with Marcia. She had a physical examination right before she was brought into detention and had a perfect bill of health. The doctor sent for her several times and gave her pills to sedate her to lure her into the surgery room.

Marcia didn’t take the pills. She fought back any way she could and refused the procedures this doctor was attempting to do against her will and without her consent. Her cellmates were not as lucky, and hysterectomies were performed on these young girls unbeknownst to them for no reason.
While in custody, she was tortured and almost forced against her will to have a hysterectomy. The doctor lied to her, saying that she had cysts and needed surgery. The surgeon came to this conclusion without examining Marcia that a hysterectomy needed to be performed.

The young girls are not criminals, but somebody’s daughter and the torture, lies, and procedures are being done against their will is nothing short of an atrocity.This story came out months ago but nobody listened because these girls were detained and had no voice. After the forced hysterectomies, most of them were deported and so the story was silenced. But Marcia was released and wants the world to know what happened. She is one of the only girls released from custody. She deserves justice!

If you need help with your asylum or getting bond, or feel you have been mistreated in these detention centers please reach out. When someone is a victim of a crime here in America, they can be eligible to apply for a U visa. This visa presents a pathway to legal permanent residency and citizenship.