CUBAN INFORMATION ARCHIVES




DOCUMENT  0055


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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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