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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