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The Facts of Her Case
Legal Entry: Suarez Reyes entered the U.S. legally on October 24, 2023, under the Visa Waiver Program using her Spanish passport, with authorization to stay until January 21, 2024.
Pending Asylum Application: She filed an affirmative asylum application on January 19, 2024—two days before her authorized stay expired. Her application remains backlogged and pending.
Work Permit and ID: she has no criminal record, possessed a valid U.S. work permit (EAD), and held a Texas driver’s license.
Current Status and Legal Battle
Suarez Reyes is being held at the Montgomery Processing Center in Conroe, Texas. Her attorney, Anne Kennedy, has filed an emergency federal habeas corpus petition demanding her release, arguing that she was a proper affirmative applicant who had the legal right to travel domestically while awaiting her USCIS interview.
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President Trump campaigned and took office on a major platform of mass deportation targeting undocumented immigrants with criminal records, referring to them as the "worst of the worst".
She's a dual national born in Venezuela and a citizen of Spain. She entered the country legally on a VISA Waiver Program using her passport from Spain, allowing for a 90 day stay as a tourist or on short term business.
Some may say that she's been in the country illegally for 2 1/2 years, and could have accepted cash and a flight to either Spain or Venezuela by self-deporting.
She didn't enter the country requesting asylum. The application for asylum occurred at the end of her 90 day VISA stay for tourism or short term business.
Texas is in the 5th Circuit. During the Obama administration the 5th Circuit entered an opinion that read ....
"
An alien who is a citizen or national of more than one country but has no fear of
persecution in one of those countries does not qualify as a “refugee” under section
101(a)(42) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(42) (2006), and
is
ineligible for asylum."Section 101(a)(42) of the Act provides in pertinent part:
The term “refugee” means (A) any person who is outside any country of such
person’s nationality . . . and who is unable or unwilling to return to, and is unable or
unwilling to avail himself or herself of the protection of that country because of
persecution or a well-founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion . . . .
Regardless of the respondent’s claimed fear of returning to Venezuela,
he did not express any fear of persecution in Spain. Therefore the
Immigration Judge properly concluded that the respondent is ineligible for
asylum. Accordingly, the respondent’s appeal will be dismissed.
ORDER: The appeal is dismissed.
https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3780_correction.pdf👀
The 2013 decision in the 5th Circuit also involved Spain, Venezuela and a dual national with an application for asylum.
Did she lie on her asylum application ? There are laws against that.
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