U.S. Board of Immigration Appeals Decides Former Salvadoran General Should Be Deported

Vides Casanova
Vides Casanova

On March 10, 2015, the U.S. Board of Immigration Appeals (BIA) decided that former Salvadoran General Vides Casanova should be deported from the U.S. [1]

This was the conclusion of the BIA in dismissing Casanova’s appeal from an immigration judge, after trial, deciding that he had had a direct role in the abuse and killings of civilians because of his “command responsibility” as the top military officer of that country. “This is not a case in which isolated or random human rights abuses took place at the hands of rogue subordinates,” the BIA said. General Vides “affirmatively and knowingly shielded subordinates from the consequences of their acts and promoted a culture of tolerance for human rights abuses.”

Specifically in the case of the December 1980 rapes and murders of the four American churchwomen, the Board found that General Vides “knew that National Guardsmen confessed to involvement in the murders, failed to competently investigate the Guardsmen under his command, obstructed the United States’ efforts to investigate, and delayed bringing the perpetrators to justice.” [2]

The BIA decision also reviewed the torture of two Salvadorans, Juan Romagoza Arce and Daniel Alvarado:

  • During 22 days in 1980, Mr. Romagoza was “beaten, shocked with electrical probes all over his body, sexually assaulted with a stick, and hung from the ceiling for several days” and also shot in the arm, his wounds left to fill with worms. Mr. Romagoza reported that General Vides saw him twice during his captivity.
  • Alvarado was tortured for seven days until he falsely confessed to killing a U.S. military adviser, but after an F.B.I. investigation, U.S. officials repeatedly advised General Vides, according to the Board’s decision, that his forces were holding and torturing the wrong man. [3]

As the BIA said, “Congress clearly intended that commanders should be held accountable if their subordinates commit torture and extrajudicial killings.”

General Vides has a right to appeal the BIA’s decision to a U.S. court of appeals so we wait to see if that will happen and the results of any such appeal.

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[1] Matter of Carlos Eugenio Vides Casanova, 26 I&N Dec. 494 (BIA 2015); Preston, General in El Salvador Torture and Killings Can Be Deported, Immigration Court Rules, N.Y. Times (Mar. 11, 2015). Prior posts reviewed the American churchwomen’s work in El Salvador; their 1980 murders; my pilgrimage to the sites of their work and murders; the Salvadoran non-judicial investigations of the crime; the Salvadoran judicial investigation and prosecution of this crime; the Salvadoran Truth Commission’s investigation of the crime; the unsuccessful U.S. civil lawsuit against the generals over the crime under the Torture Victims Protection Act; a 2014 New York Times retro-report of the crime; and the Immigration Judge’s finding, after trial, that Vides should be deported.

[3] A previous post discussed the civil liability of Salvadoran Generals Vides and Garcia for torture of these individuals under the U.S. Torture Victims Protection Act.

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

One thought on “U.S. Board of Immigration Appeals Decides Former Salvadoran General Should Be Deported”

  1. Comment: Casanova Deported from U.S.

    On April 8, 2015, Eugenio Vides Casanova, a former Salvadoran General and Minister of Defense, was removed or deported from the U.S. after the U.S. Board of Immigration Appeals dismissed his appeal and upheld an immigration judge’s decision finding him removable for his role in the commission of human rights violations during the Civil War in El Salvador.

    An official with the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations said this case demonstrates ICE’s commitment “to ensuring that the [U.S.] does not become a safe haven for human rights abusers. We will work to bring perpetrators of such acts to justice and preserve the sanctity of the immigration system for legitimate refugees.”

    Since fiscal year 2004, ICE has arrested more than 296 individuals for human rights-related violations under various criminal and/or immigration statutes. During that same period, ICE obtained deportation orders and physically removed more than 740 known or suspected human rights violators from the [U.S.] Currently, ICE’s Homeland Security Investigations has more than 140 active investigations into suspected human rights violators and is pursuing more than 1,800 leads and removal cases involving suspected human rights violators from 97 different countries.

    ICE, ICE removes former El Salvador defense minister (April 8, 2015), http://www.ice.gov/news/releases/ice-removes-former-el-salvador-defense-minister

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