Bob Egelko, Chronicle Staff Writer
Saturday, April 12, 2008
A federal appeals court withdrew its ruling Friday that declared a Fresno couple eligible for political asylum in the United States despite the husband's background as a guard in a Cambodian prison where inmates were allegedly persecuted.
The Ninth U.S. Circuit Court of Appeals in San Francisco had ruled in August that Pauline Im had played no more than a marginal role in the mistreatment of prisoners and thus should not be considered a persecutor, which would require that he be deported. The court said Im and his wife, Ngin Sitha, were eligible for asylum because they had shown Im would face political persecution in Cambodia.
But the court withdrew the ruling Friday and said the outcome of the case would depend on another dispute that the U.S. Supreme Court has agreed to hear in the term that starts in October. That case involves a former prison guard in Eritrea, where the inmates included religious minorities who were persecuted.
A federal appeals court in New Orleans ruled last year that the Eritrean guard, Daniel Negusie, had assisted in the persecution and was ineligible for asylum even though he had not injured any prisoners and had opposed their mistreatment. The court noted that Negusie had been armed, had stood guard while prisoners were kept in the sun for punishment, and had denied them access to showers and fresh air.
The Supreme Court agreed last month to hear Negusie's appeal and is scheduled to rule on his case by June 2009. In the meantime, the Fresno couple are in limbo, said their lawyer, Emmanuel Enyinwa.
Enyinwa said the two cases differed because Im had not been armed, played no role in the mistreatment of prisoners and had merely followed superiors' instructions to lock and unlock cell doors when prisoners were taken for interrogation. The lawyer said he disagreed with the Ninth Circuit's decision to withdraw its ruling but now expects the court to order a new round of arguments after the Supreme Court rules on Negusie.
Im's family was killed when the Khmer Rouge took power in Cambodia in 1975, and he was put to work as a forced laborer, the court said in last year's ruling. After working as a prison guard following the Vietnamese invasion that ousted the Khmer Rouge, he joined a guerrilla movement, was imprisoned and tortured by the Vietnamese, but then was released and became a political activist.
The couple fled after Im received death threats and assailants fired on their car and their house in 2000, the court said. They now run a doughnut shop in Fresno.
Saturday, April 12, 2008
A federal appeals court withdrew its ruling Friday that declared a Fresno couple eligible for political asylum in the United States despite the husband's background as a guard in a Cambodian prison where inmates were allegedly persecuted.
The Ninth U.S. Circuit Court of Appeals in San Francisco had ruled in August that Pauline Im had played no more than a marginal role in the mistreatment of prisoners and thus should not be considered a persecutor, which would require that he be deported. The court said Im and his wife, Ngin Sitha, were eligible for asylum because they had shown Im would face political persecution in Cambodia.
But the court withdrew the ruling Friday and said the outcome of the case would depend on another dispute that the U.S. Supreme Court has agreed to hear in the term that starts in October. That case involves a former prison guard in Eritrea, where the inmates included religious minorities who were persecuted.
A federal appeals court in New Orleans ruled last year that the Eritrean guard, Daniel Negusie, had assisted in the persecution and was ineligible for asylum even though he had not injured any prisoners and had opposed their mistreatment. The court noted that Negusie had been armed, had stood guard while prisoners were kept in the sun for punishment, and had denied them access to showers and fresh air.
The Supreme Court agreed last month to hear Negusie's appeal and is scheduled to rule on his case by June 2009. In the meantime, the Fresno couple are in limbo, said their lawyer, Emmanuel Enyinwa.
Enyinwa said the two cases differed because Im had not been armed, played no role in the mistreatment of prisoners and had merely followed superiors' instructions to lock and unlock cell doors when prisoners were taken for interrogation. The lawyer said he disagreed with the Ninth Circuit's decision to withdraw its ruling but now expects the court to order a new round of arguments after the Supreme Court rules on Negusie.
Im's family was killed when the Khmer Rouge took power in Cambodia in 1975, and he was put to work as a forced laborer, the court said in last year's ruling. After working as a prison guard following the Vietnamese invasion that ousted the Khmer Rouge, he joined a guerrilla movement, was imprisoned and tortured by the Vietnamese, but then was released and became a political activist.
The couple fled after Im received death threats and assailants fired on their car and their house in 2000, the court said. They now run a doughnut shop in Fresno.
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