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Micah returned to the office with food stains all over his silk shirt. He checked his messages and summoned Reed Spencer into his office.
“Hey, boss,” Reed greeted Micah as he walked in. “Enjoy breakfast?” he chuckled and pointed to the stains on Micah’s shirt.
“Yes, as a matter of fact, I did enjoy breakfast, smartass,” Micah growled. “Sit down for a minute. I’ve got a research project for you.”
“Do I need to take notes?”
“I don’t think so. Zack wants a deep dive into Venezuelan politics and the plight of its citizens.”
“I can handle that, I guess.”
“But?”
“I didn’t know there was a crisis in Venezuela.”
“That’s because you, me, and every other American only worry about ourselves. Who cares about the plight of people in third world countries?” Micah scolded.
“Okay, that’s pretty harsh. Besides, I admit I don’t know much, but I don’t believe Venezuela is a third world country. Don’t they have a shitload of oil over there?”
“They may have a ton of oil, but, apparently, they also have massive corruption, incompetence, and mismanagement of resources.”
“I will investigate and report back. Anything else?”
“That’s it for now.”
Reed returned to his office and entered ‘Crisis in Venezuela’ in his search bar. Multiple articles appeared on the screen. He studied them, one by one. Micah was spot on about the corruption and mismanagement. The country was dealing with a spike in malnutrition, especially in children, where almost twenty thousand had died in the previous two years. Severely malnourished children were being admitted to hospitals in record numbers. He read about one child who was suffering from marasmus, a type of malnutrition caused by a general lack of nutrients. Others suffered from kwashiorkor, a potentially deadly type of malnutrition that causes swelling in the legs and face, resulting from a lack of protein. Doctors claim incidents of this condition were skyrocketing because impoverished families could not afford infant formula and were instead feeding babies rice cream, cornmeal, wheat flour, and even spaghetti. According to various news reports, large families were living on wages equivalent to five to seven dollars a month. Reed was astounded. Who wouldn’t flee such a country?
People were dying in record numbers amid crushing sanctions imposed by the United States. Hyperinflation reduced the purchasing power of the country’s ten dollars per month minimum wage to almost nothing. The economic crisis turned into a humanitarian crisis and forced the migration of over five million Venezuelan citizens.
The country was also locked in a power struggle as an opposition leader declared himself ‘acting president,’ even though the country had a sitting president. The country’s armed forces and highest court remained loyal to the current socialist party, even though the economy has been in free fall since the 2013 election. As the two sides dug in, the United States imposed sweeping sanctions in an attempt to drive the current president from office. Socialist policies were supposed to reduce inequality, but the strategies backfired. Price controls were aimed at making goods more affordable, but inadequate profits for merchants caused them to cut production, resulting in shortages of needed goods and services.
A lack of infrastructure investment and U.S. sanctions crippled the country’s vital oil industry, which provided almost all the government’s revenue. All of this resulted in a mass migration of Venezuelan citizens like Mary Carmen and Miguel Gonzalez, who, thankfully, left the country before conditions had reached crisis levels. Reed read stories of immigrants hiking through the mountains, all their belongings stuffed in backpacks, traveling thousands of miles on foot, with less than ten dollars to their name.
United Nations investigators stepped in and accused the Venezuelan government of committing crimes against humanity. The United Nations Human Rights Council made this determination after a detailed fact-finding investigation of killings, torture, violence, and disappearances. The UN team accused the country’s security services of engaging in a pattern of systematic violence aimed at suppressing political opposition and keeping citizens in check by acts of terror. A typical operation involved the government planting weapons in a community loyal to the opposition. Security services would then enter the community, shoot people at point-blank range, detain them, torture them, or otherwise kill them for possessing the weapons. By the end of its investigation, the United Nations had corroborated what it called ‘patterns of violations and crimes.’
Reed spent a few more hours reading about a country in serious crisis. He was a key player on Micah’s team of investigators handling the Gonzalez case for Zachary Blake and Marshall Mann. Mary Carmen and Miguel Gonzalez were smart to leave Venezuela when they did, but they overstayed their visa and did nothing to secure citizenship. Perhaps they couldn’t afford a lawyer? The bottom line, however, was that while their children were citizens, they were not. Separating parents and children was a bridge too far for Reed Spencer. He intended to use his research to prove that conditions were terrible in Venezuela and even worse for people who escaped and were forced to return.
Reed’s report would combine the humanitarian crisis in Venezuela with the current “President Golding” crisis at the southern border. Political cries to “send them back” and the government’s practice of placing undocumented people in cages and separating families would also be part of his report. In this case, two under-aged American citizens were caged and separated from their parents. Multiple press accounts and video footage would buttress his presentation.
Still, Reed could not overcome their status. The Gonzalez parents were not criminals in a traditional sense. They hadn’t hurt or killed anyone. They didn’t steal from or rob anyone. Mary Carmen and Miguel had never even gotten a traffic ticket. They worked hard, sent their kids to school, went to church every Sunday, and were well-liked in their community. Still, they were ‘undocumented,’ and only a judge could change that fact.
Reed was angry. He spent much of his adult life investigating bad actors, criminals, and criminality. Reed Spencer had to prepare the report of his life. Mary Carmen and Miguel Gonzalez could not be sent back, not on Reed Spencer’s watch.
***
Armed with Reed’s preliminary findings on the crisis in Venezuela, Marshall Mann and Amy Fletcher made their first court appearance In the Matter of Mary Carmen and Miguel Gonzalez. The two lawyers were pleased to discover that the judge assigned was the Honorable Leo J. Farhat, the same judge who once tore former President Ronald John a new one in the Khan deportation case back in the day. That case resulted in Marshall moving over to the Blake law firm.
In that case, Zack represented Arya Khan, a young woman who was falsely accused of murdering the white supremacist who bombed a local mosque. President John attempted to use the woman’s parents as a poster child for his ‘Muslim ban.’ The president wanted the couple deported, even though both were American citizens and had done anything wrong.
Farhat wrote a blistering opinion, a historic repudiation of the president’s immigration policies. The judge read his written statement into the record and quoted the movie The American President, referring to then-President John as the ‘President of Fantasyland.’
Thanks in part to Zack’s superlative legal work, the infamous former president was close to serving time in a federal penitentiary, accused of multiple crimes while in office. His successor refused to grant a pardon for the former president’s crimes. In Marshall’s mind, that was the only positive move Steven Golding made as president.
The first court date in the Gonzalez case was called a master calendar hearing, a fancy term for a method to bring the parties together to set dates and submit documents for future court appearances. Miguel and Mary Carmen were required to attend. Marshall wanted them present to become comfortable with the surroundings and meet the judge and opposing counsel. The couple furnished drivers’ licenses to establish identities, as well as expired immigration papers from their original entry into the country.
Marshall advised them that oral arguments would take anywhere from five to twenty minutes. At the same time, he warned that they might be tied up for an hour or two because of the ‘cattle call’ nature of court administration. In this scenario, several cases on the docket are scheduled on the same day, at the same time. Attorneys and clients are required to attend. The cases are called, one by one, until all are administered. Typically, those who arrive first are called first, but ‘arrive first’ requires all parties be present at check-in. People who are represented by counsel receive priority, but all participants must be in attendance, including the attorneys, for the case to be placed in line.
Marshall didn’t want the case called first. He wanted Mary Carmen and Miguel to observe proceedings for a time to see that there was nothing to worry about. A half-hour after their arrival, the clerk called the case. He shouted out the couple’s Alien Registration Numbers. Marshall turned to the couple, smiled, motioned them to rise, and move toward the bench. James Theurer, the attorney representing the government, joined them in front of Judge Farhat.
The judge asked for appearances for the record, and the two attorneys identified themselves. The judge next required Mary Carmen and Miguel to state their names and addresses for the record. He asked if they spoke English or needed an interpreter. Marshall indicated that their English was sufficient to communicate and understand the proceedings.
The judge reviewed the list of charges for the record. He put forth reasons why the government sought to deport the couple. To their benefit, Miguel and Mary Carmen entered the country legally. They did not use false travel documents or sneak across the border. Fraud was not an issue in this case.
Without making any admissions against his clients’ interest, Marshall carefully explained that they were accused of overstaying a visa. They were requesting asylum, withholding of removal, or a status adjustment. He sought protection for them under something called the United Nations Convention Against Torture, which sounded quite ominous to everyone in the courtroom.
The judge suggested various dates. An arduous process of synchronizing lawyer and judicial calendars began—the initial five dates suggested by the court were not compatible with all schedules. A second preliminary hearing was set first, subject to cancellation if deemed unnecessary.
Because this was an asylum case, the judge asked Mary Carmen and Miguel to designate their home country. Miguel, misunderstanding the question, politely answered, “The United States of America.” Marshall was silently pleased with Miguel’s response. If a client is afraid to return to a country, his attorney does not want to hear the client call that country “home.” Marshall corrected Miguel, for the record, indicating that the couple did not wish to designate a country of removal and that the pair was afraid to return to Venezuela for fear of torture or retribution.
“Conditions are terrible there, Your Honor,” Marshall reported.
“Duly noted,” the judge grunted without looking up. “The record will reflect that the Gonzalez’s country of removal is Venezuela.”
“May we have an expedited date, Your Honor?” Mann requested.
“Mr. Theurer?”
“No objection, Your Honor.”
The three men repeated the calendar synchronization process. They attempted to agree on a date for the Individual Merits Hearing and finally came to an agreement on a date five months away. The period was sufficient for Marshall and Amy to prepare and present a detailed asylum application and strong supporting documents of the extreme conditions facing anyone who returned to Venezuela. Acceptance of an expedited hearing was required for Mary Carmen and Miguel to continue to work in the United States. Marshall knew that Reed Spencer was researching and preparing a comprehensive report on conditions in Venezuela, lining up witnesses and official documents, especially as it pertained to returning dissident citizens. Marshall and Amy were confident that they could demonstrate a legitimate fear of persecution in Venezuela if their clients were returned.
After the hearing was over, Marshall sought and located a small conference room to explain things to Mary Carmen and Miguel. Amy persuaded Marshall to delay mention of Emma and Emilio’s recent abduction and incarceration. They would surprise Theurer at the Individual Merits Hearing, and place the issue, front and center, in Leo Farhat’s lap.
Prior to any hearing on the merits of the petition, Marshall and Amy also intended to use Zack’s soon-to-be-filed lawsuit against the federal government as a tool to persuade the government to grant asylum without a judicial order. The family would happily swap money for citizenship and freedom. Humanitarian issues at the southern border and the Gestapo- like treatment of American children were not something James Theurer would wish to discuss at the Individual Merits Hearing. The strategy was to ramp up pressure on Theurer and the government to voluntarily grant the Gonzalez’s asylum petition.
“He won’t know what hit him,” Amy laughed.
Miguel and Mary Carmen studied each other, not understanding what Amy thought was so funny. She noticed their discomfort.
“Do you trust us?” she asked.
“Yes, I do.
“Marshall and I don’t believe Mr. Theurer will not want the court to know what happened to your children. We know Judge Farhat. He will be appalled by the government’s behavior. We’re hoping to leverage Emma’s and Emilio’s abductions and incarcerations into a settlement.”
“What kind of settlement?” Mary Carmen wondered.
“One that makes your whole family citizens of the United States. How does that sound?” Marshall floated.
“We like that kind of settlement.” Mary Carmen laughed.
Marshall smiled. They talked about the next few months and what to expect in the future. They would have plenty of time to discuss the details before the court date. Both Farhat and Theurer were good draws, easy-going, fair, and amenable to negotiation and settlement. For the time being, the family was safer than it was before the raid. No one would harass or arrest anyone. The family could enjoy an unprecedented five months of freedom in the United States of America. But would their status be permanent?
