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Cablegate: Bona Fide Asylum Claim Exception to 9b

VZCZCXYZ0003
RR RUEHWEB

DE RUEHBO #4487 3532220
ZNR UUUUU ZZH
R 182220Z DEC 08
FM AMEMBASSY BOGOTA
TO SECSTATE WASHDC 6190

UNCLAS BOGOTA 004487

SIPDIS

CA/VO/F/P FOR LAUREN C. SANTA

E.O. 12958: N/A
TAGS: PHUM
SUBJECT: BONA FIDE ASYLUM CLAIM EXCEPTION TO 9B

1. (SBU/N) Colombian nationals listed below applied for an
immigrant visa at Embassy Bogota on 01-OCT-2008. However, on
their last trip to the United States, the subjects stayed for
over seven years from Jan. 2001 until June 2008, even though
they were only authorized to stay for six months on a tourist
visa. During the period the subject was in the United
States, they applied for and were denied asylum.

2. (SBU/N) Post requests that DHS Headquarters Office of
Asylum determine the bona fides of Mr. Murillo and Ms. Maya
Lastra,s asylum applications for purposes of the bona fide
asylum claim exception to inadmissibility under INA
212(a)(9)(B).

3. (SBU/N) A summary of their case follows:

The alien,s complete name, date of birth, and &A8 number:

Martha Luz Maya Lastra, 09 Apr 1955, A12408884
Gustavo Adolfo Murillo Cardenas, 14 Oct 1955, A79289979

When and where the aliens lived in the United States:
15 Manor House Ct, Holyoke, MA 01040 ) December 2006 to June
2008
381 Springside Avenue, Pittsfield, MA 01201 ) June 2004 to
December 2006
5239 South Deselm Way, Boise, ID 83716 ) June 2001 to
January 2004

When and where the alien filed the asylum application:

The subjects filed the asylum application on or around May
21, 2001 in Chicago, Illinois. It is known that the subjects
were in removal proceedings and voluntarily departed on
February 27, 2008.

Whether the aliens worked in the United States, and whether
INS had authorized such employment, and if so, what type of
authorization documents the alien had been given:

Both aliens admit that they were employed at dental clinics
from March 2001 through June 2008. It is not known whether
they had employment authorization.
NICHOLS

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