REQUEST for ASYLUM
Into the UNTIED STATES
by
ORLANDO BOSCH AVILA
NOTE: the following was EXHIBIT 14 (A) attached
to EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS in U.S. District Court, Southern
District of Florida (Miami), Orlando Bosch Avila vs. Perry Rivkind, District
Director, Immigration and Naturalization Service, etc. et al.
This is a form completed by Orlando Bosch. Some liberty was taken
in transferring the information from the form to this document. Nothing
was left out except some printed instructions in the numbered boxes.
This REQUEST was accompanied by attachments A through G which are also
being reproduced as given without change.
Items in brackets are notes and do not appear
on the original form.
REQUEST FOR ASYLUM IN THE UNTIED STATES
1. FAMILY NAME: Bosch-Avila, Orlando [middle name
marked as] n/a
ALL OTHER NAMES: Pedro Pena, Emilio Davanzo Cintolecy,
Carlos Luis Panimiagua.
BORN: August 18, 1926 Santa Clara, Cuba
NATIONALITY AT BIRTH: Cuban
NATIONALITY AT PRESENT: Cuban
OTHER NATIONALITIES: None
2. ALIEN NUMBER: A28851 622 and A11881 810
3. SEX: [box checked] male
4. MARITAL STATUS: [box checked] married
5. IF STATELESS, HOW DID YOU BECOME STATELESS?
Fidel Castro has claimed that he no longer considers me a
citizen of Cuba. However, I still consider myself a citizen
of Cuba
6. ETHNIC GROUP: Cuban [
NOTE:
he did NOT put Hispanic.
See
What
is a Cuban for further information.]
7. RELIGION: Methodist
8. LANGUAGES SPOKEN: English, Spanish
9. ADDRESS IN UNITED STATES: Metropolitan Correctional Institution,
Miami, FL
10. TELEPHONE NUMBER: n/a
11. ADDRESS ABROAD BEFORE COMING TO THE UNITED STATES:
(unknown) Caracas, Venezuela
12. MY LAST ARRIVAL IN THE U.S. OCCURRED ON: February 16, 1988*
AT THE PORT OF: Miami, Florida
I WAS INSPECTED: by a U.S. Marshall
AS A: Political Refugee
MEANS OF ARRIVAL: Viasa [Venezuelan
airline]
DATE AUTHORIZED STAY EXPIRES: n/a
13. MY NONIMMIGRANT VISA NUMBER IS: n/a
14. [SCHOOLING]
Havana University, Medical school, from 1946 to 1953,
graduated as M.D.
Santa Clara H.S., H.S. [diploma], from 1941 to 1946,
graduated, as Bachelor
15. WHAT SPECIFIC SKILLS DO YOU HAVE? Medical Doctor, Artist
[NOTE: He is an accomplished painter. A
SAMPLE OF BOSCH'S PAINTINGS ]
16. SOCIAL SECURITY NO: unknown
17. NAME OF HUSBAND OR WIFE: Adrianna [Adriana] Delgado
18. MY HUSBAND OR WIFE RESIDES APART FROM ME:
6000 N.W. 7th Street, Miami, Florida, USA.
YOUR ADDRESS: I'm in their custody of the
Attorney General
19. IF IN THE U.S., IS YOUR SPOUSE INCLUDED IN YOUR REQUEST FOR ASYLUM:
no
20. IF IN THE U.S., IS YOUR SPOUSE MAKING SEPARATE APPLICATION FOR
ASYLUM: no
21. IF IN THE U.S., ARE CHILDREN INCLUDED IN YOUR REQUEST FOR ASYLUM:
no
22. I HAVE (6) SONS OR DAUGHTERS:
Vivian Bosch, F, born Cuba 1/13/55. 7232 S.W. 16 St, Miami,
FL
Miriam Bosch, F, born Cuba 5/19/56. 3376 S.W. 28 Terr. Miami,
FL
Lourdes Bosch, F, born Cuba 2/16/--. 1214 Lisbon St. Coral
Gables, FL
William Bosch, M, born Cuba 4/12/57. 5665 West 20 Ave., Hialeah,
FL
Orlando Bosch, Jr., M, born USA, 9/21/60. 7232 S.W. 16 St.,
Miami, FL
Karin Bosch, F, born Chile 1/4/76. 6000 N.W. 7th Street, Miami,
FL
23. RELATIVES IN THE U.S. OTHER THAN IMMEDIATE FAMILY:
Adelfa Perez, 1538 N.W. 15 Ave Miami, FL. sister. resident
Rosa M. de Fernandez, 1538 N.W. 15 Ave Miami, FL. sister.
resident
Miguel Bosch, 31 Willy Ave., Savannah, GA. brother. resident
24. OTHER RELATIVES WHO ARE REFUGEES BUT OUTSIDE THE U.S.: n/a
25. LIST ALL TRAVEL DOCUMENTS SUCH AS NATIONAL PASSPORT...:
[The issue date, expiration date, obtained by, and number,
all marked unk/unknown except for Cuba]
Dominican passport, Dominican Rep
Chilean passport, Chile
Costa Rica passport, Costa Rica
Venezuelan passport, Venezuela
Cuba passport, Cuba, obtained from Government
26. WHY DID YOU OBTAIN A U.S. VISA: n/a
27. IF YOU DID NOT APPLY FOR A U.S. VISA EXPLAIN WHY NOT:
I have applied for a Visa to the U.S. Your files
have this information.
28. DATE OF DEPARTURE FROM YOUR COUNTRY OF NATIONALITY:
See numbers 30, 31 & 32
29. WAS EXIT PERMISSION REQUIRED TO LEAVE YOUR COUNTRY: yes
IF SO, DID YOU OBTAIN ANY PERMISSION: no
See Attached Exhibit A
EXHIBIT A
In 1960 I left Cuba without permission after receiving
advice that a warrant was out for my immediate arrest and execution by Fidel
Castro and his agents.
30. ARE YOU ENTITLED TO RETURN TO COUNTRY OF ISSUANCE OF YOUR PASSPORT:
See Attached Exhibit B
EXHIBIT B
I was issued an identity document by the Venezuelan
Government. This document does not give me the rights and privileges received
by residents or citizens of Venezuela. Furthermore, because Venezuelan authorities
asked me to leave the country, I do not believe I am entitled to return there.
I will be executed if returned to Cuba, the only country that has ever issued
me a valid passport. The passports that I received from the Dominican,
Chilean, and Costa Rican governments are under aliases. As such, I am
not entitled to return to those countries. Further, I cannot expect
any of these countries to protect me from Castro agents who would assassinate
me should I be returned to any of these countries.
31. WHAT DO THINK WOULD HAPPEN TO YOU IF YOU RETURNED:
See Attached Exhibit C
EXHIBIT C
If I were to be returned to Cuba, I would be executed.
Castro has sentenced me to death for my participation in and [AND is stated]
organization of counter revolutionary groups in my home province of Santa
Clara. This occurred between 1959 and 1960, when I left the country.
The Fidel Castro regime issued a second death warrant
against me in 1961. This death warrant was issued because I coordinated
a group of counter revolutionaries who landed in Pinar del Rio province in
order to establish a democratic government in Cuba.
I was tried in abstentia and sentenced to execution.
All five members of that expedition were captured and executed by Castro.
Around 1977 I was again sentenced to death by Fidel Castro
as a result of false allegations concerning my participation in the Cuban
Airlines crash of 1976, for which I was twice acquitted in civil courts by
the Venezuelan government, and once by the Venezuelan military, and for which
I spent 11 years in a Venezuelan prison. Should I be returned to any
of the countries listed in my answer to question 25, I would be immediately
assassinated by agents of the Castro regime as a result of three outstanding
death warrants issued against me.
32. WHEN YOU LEFT YOUR HOME COUNTRY, TO WHAT COUNTRY DID YOU INTEND
TO GO:
I left Cuba to go to the U.S. because I would have been
executed in Cuba. The night before I left I was told I was going to
be tried and executed.
33 WOULD YOU RETURN TO YOUR HOME COUNTRY: no
See this entire application, exhibits and addenda
34 HAVE YOU OR ANY MEMBER OF YOUR IMMEDIATE FAMILY EVER BELONGED
TO ANY ORGANIZATION IN YOUR HOME COUNTRY:
1959 MIRR -- To overthrow Castro -- General Coordinator
35 HAVE YOU TAKEN ANY ACTION THAT YOU BELIEVE WILL RESULT IN PERSECUTION
IN YOUR HOME COUNTRY: yes
See attached Exhibit D
EXHIBIT D
I participated in organizing MIRR, an organization that
strives for the democratization of Cuba. Numerous leaders of MIRR have
been executed by Fidel Castro. This includes Sinesio Walch, Commander
in Chief of MIRR, Plinio Prieto, and "El Negro" Ramirez, both Captains of
MIRR. MIRR existed between 1960 and 1968.
I also participated in CORU, an anti-Castro organization
which existed between June 1976 and 1977, and other anti-Castro organizations.
36 HAVE YOU EVER BEEN DETAINED: yes
INTERROGATED: yes
CONVICTED AND SENTENCED: yes
IMPRISONED IN ANY COUNTRY: yes
See attached Exhibit E
EXHIBIT E
On October 6, 1976 a Cubana Airliner blew up.[
See also the Mono Morales deposition,
part II ] Venezuela believed I was responsible. I was
held in custody and tried twice by civil authorities and once by the military.
I was acquitted all three times. I was not involved in any activity
which caused the crash.
The U.S. Government has the information concerning
any conviction in the U.S. District Court for the Southern District of Florida
on November 15, 1968 as well as the information that I was taken into custody
by the U.S. Marshal on February 16, 1988.
I was given 3 months sentence by the U.S. Parole
Commission on the parole violation relating to my November 15, 1968 conviction.
37 IF YOU BASE YOUR CLAIM FOR ASYLUM ON CURRENT CONDITIONS IN YOUR
COUNTRY...:
See entire application, exhibits and addenda
38 HAVE YOU OR ANY MEMBER OF YOUR IMMEDIATE FAMILY EVER BEEN MISTREATED
BY THE AUTHORITIES OF YOUR HOME COUNTRY: yes
See Attached Exhibit F
EXHIBIT F
Since I left Cuba in July of 1960 with my ex-wife
Myriam and 5 children, (Vivian, Myriam, Lourdes, William and Orlando), my
brother Miguel A. Bosch, his wife, Martha Bosch and their children, my entire
family and relatives remaining in Cuba have at different times, been interrogated
and have been victims of threats by the Castro regime. This included
my father, Miguel A. Bosch, my mother Rosa Bosch, my sisters Adelfa Perez
and Martha Fernandez, until they came to the United States. My uncle,
Armando Bosch and his family, who are still in Santa Clara, Cuba are still
under constant threats and surveillance.
All these actions by the Cuban Government against
them were due to their name Bosch and due to my activities, belligerence and
struggle to have a democratic government in Cuba against the Castro regime.
I was never mistreated since I escaped before being
caught by the Castro regime, after being advised that I was going to be arrested
and murdered by the Castro regime.
39 AFTER LEAVING YOUR HOME COUNTRY, HAVE YOU TRAVELED THROUGH OR
RESIDED IN ANY OTHER COUNTRY BEFORE ENTERING THE U.S.: no
I have traveled through numerous countries in transit
to avoid and escape persecution from Fidel Castro and his agents. I
also spent 11 years in a Venezuelan prison.
40 WHY DID YOU CONTINUE TRAVELING TO THE U.S.?:
To avoid being arrested, and murdered by Fidel Castro
and his agents.
41 DID YOU APPLY FOR ASYLUM IN ANY OTHER COUNTRY? no
The only country in which I have applied for asylum is
the United States. I was never re-settled or in a position to apply
for asylum in any other country.
42 HAVE YOU EVER BEEN RECOGNIZED AS A REFUGEE BY ANOTHER COUNTRY
OR BY THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES?: no
43 ARE YOU REGISTERED WITH A CONSULATE OR ANY OTHER AUTHORITY OF
YOUR HOME COUNTRY ABROAD?: no
If I did I would be arrested and executed
44 IS THERE ANY ADDITIONAL INFORMATION NOT COVERED BY THE ABOVE QUESTIONS?:
See attached exhibits. Additionally, I reserve
the right to present further information and witnesses at the time of my
hearing.
[
COMPOSITE EXHIBIT G contains a
translation of an article published in GRANMA, 19 October 1980, titled FICHA
CRIMINAL DE ORLANDO BOSCH, or Criminal Index file of Orlando Bosch.
Since it is so large, it is being placed on another page.]
45 UNDER PENALTIES OF PERJURY, I DECLARE THAT THE ABOVE AND ALL ACCOMPANYING
DOCUMENTS ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF:
--------------[signature of Orlando Bosch Avila]
DATE: 5-24-88
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