Cuba Recalls Terrorist Action, Demands Justice

U.S. Department of Justice
Office of the Associate Attorney General
-----------------------------------------------------------------------------------------------
The Associate Attorney General
Washington, D.C. 20530

FILE: A28 851 622
A11 861 810

IN THE MATTER OF:
ORLANDO BOSCH-AVILA,
APPLICANT

In exclusion proceedings under
section 235 (c) before the
Acting Associate Attorney General

Decision of the Acting Associate Attorney General

INTRODUCTION+
Pursuant to my responsibilities as Acting Associate Attorney General, I have undertaken a review of the Immigration and Naturalization Service's (INS) decision of May 19, 1989 concerning the applications of Orlando Bosch-Avila for admission to the United States and for asylum. This review has included consideration of the decisions of the INS Regional Commissioner and the Commissioner, the submission of Bosch to the Regional Commissioner arguing against exclusion and requesting a hearing on his asylum application, and certain confidential and nonconfidential information respecting Bosch.
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For 30 years Bosch has been resolute and unwavering in his advocacy of terrorist violence. He has threatened and undertaken violent terrorist acts against numerous targets, including nations friendly toward the United States and their highest officials. He has repeatedly expressed and demonstrated a willingness to cause indiscriminate injury and death. His actions have been those of a terrorist, unfettered by laws or human decency, threatening and inflicting violence without regard to the identity of his victims.

The United States cannot tolerate the inherent inhumanity of terrorism as a way of settling disputes. Appeasement of those who would use force will only breed more terrorists. We must look on terrorism as a universal evil, even if it is directed toward those with whom we have no political sympathy. As United States District Court has eloquently states with respect to this very case, "the evils of terrorism do not become less because of the participants and the cause." Orlando Bosch Avila v. Perry Rivkind, 88-973-C.V.-HOEVELER (S.D. Fla. June 1, 1988) (Order On Petition For Writ of Habeas Corpus). See also Matter of Rivero-Diaz, 12 I & N Dec. 475 (BIA, 1967).

As a result of this review, the conclusion is inescapable that it would be prejudicial to the public interest for the United States to provide a safe haven for Bosch. I have moreover concluded that he is an alien excludable from the United States under 8 U.S.C.- 1182 (a) (27), (28) (ii), (28) (iii), (28) (iv) and (29), and that his applications for asylum and withholding of
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deportation should be and herein are denied. In addition, pursuant to 8 U.S.C. 1225 (c), and after consultation with appropriate security agencies of the United States, I conclude that disclosure of the confidential information upon which this decision is based would be prejudicial to the public interest, safety, or security.

BACKGROUND
Orlando Bosch-Avila, age 62, is a native, citizen and national of Cuba. On July 28, 1960, he was admitted to the United States as a nonimmigrant visitor for pleasure, with authorization to remain until August 28, 1960. Bosch, however, remained in the United States without permission until about April 12, 1974. He has never been granted lawful permanent residence status.

From about 1960 to 1968, Bosch was the leader of Movimiento Insurreccional de Recuperacion Revolucionaria (MIRR), and anti-Castro terrorist organization. On or about September 16, 1968, Bosch was involved in firing a shot from a 57 mm. recoilless rifle at the Polish vessel "Polanica", which was then docked at the Port of Miami. The shell hit the side of the "Polanica", causing damage to the vessel, but no loss of life. On November 15, 1968, Bosch was convicted in the United States District Court for the Southern District of Florida of various felony offenses arising out the assault on the Polish vessel. At that time he was also convicted on an indictment that had charged him with
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using the telegraph to convey threats: 1) to the President of Mexico to damage and destroy Mexican ships and planes; 2) to General Francisco Franco of Spain to damage and destroy Spanish ships and planes; and 3) to Prime Minister Harold Wilson of Great Britain to damage and destroy British ships. Bosch was sentenced to ten years imprisonment, paroled in 1972, and left the United States in 1974, thereby violating the terms of his parole.

Subsequently, Bosch, while outside the United States, founded and let Coordinacion de Organizaciones Revolucionarias Unidas (CORU), an anti-Castro terrorist organization which has claimed responsibility for numerous bombings in Miami, New York, Venezuela, Panama, Mexico, Argentina, and elsewhere.

In October, 1976, Bosch was arrested in Venezuela in connection with the October 6, 1976 in- flight bombing of a civilian Cuban airliner, which resulted in the deaths of 73 men, women, and children. Though detained in Venezuela for eleven years on charges arising from this incident, he was finally acquitted. At his trial, evidence was presented that the two men convicted of homicide in connection with the bombing were in contact with Bosch both before and after the bombing.

Despite being related to a number of United States citizens or permanent resident aliens who have sought to help him obtain lawful immigration status in this country, Bosch's applications for both immigrant and non-immigrant visas were denied in 1987 by the Department of State because of his criminal history and involvement in terrorism. Bosch, nevertheless, came to the
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United States from Venezuela on February 18, 1988, without valid entry documents. Upon arrival, Bosch was taken into custody on an outstanding warrant for his 1974 parole violation, and he served an additional three months for his violation.

Upon release from criminal incarceration on May 17, 1988, Bosch was taken into custody by INS. At that time, the INS District Director in Miami served Bosch with a notice of temporary exclusion, alleging that he was excludable from the United States because:

* There is reason to believe he would seek to enter the United States solely, principally, or incidentally to engage in activities prejudicial to the public interest. (8 U.S.C. 1182 (a) (27)).

* That he is or has been an alien who advocates or teaches or has been a member of an organization that advocates or teaches the duty, necessity, or propriety of assaulting or killing officers of any organized government. (8 U.S.C.1182 (a) (28) (F) (ii)).

* That he is or has been an alien who advocates or teaches or has been a member of an organization that advocates or teaches the unlawful damage, injury or destruction of property. (8U.S.C. 1182 (a) (28) (F) (iii)).

* That he is or has been an alien who advocates or teaches or has been a member of an organization that advocates or teaches sabotage. (8 U.S.C. 1182 (a) (28) (F)(iv)).

* That there are reasonable grounds to believe that he probably would, after entry, engage in activities which would be prohibited by the laws of the United States relating to espionage, sabotage, public disorder, or in other activity subversive to the national interest. (8U.S.C. 1182 (a) (29)).

In addition, the notice alleged that Bosch also is excludable on the grounds that he has been convicted of a crime of moral turpitude (other than a purely political offense), 8
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U.S.C. 1182 (a) (9), and that he did not possess valid entry documents. 8U.S.C. 1182 (a) (20).

Because Bosch appeared to be excludable under paragraphs (27), (28) or (29) or section 1182 (a), the INS District Director in Miami, pursuant to 8 U.S.C. 1225 (c) and 8 C.F.R. 235.8, referred the matter to the INS Regional Commissioner for review. Under section 1225(c) and its implementing regulation, the Regional Commissioner may order an alien excluded and deported, without a hearing before an immigration judge, if he is satisfied that the alien is excludable under paragraphs (27), (28) or (29) of 8 U.S.C. 1182 (a) "on the basis of information of a confidential nature, the disclosure of which the in the exercise of his discretion, and after consultation with the appropriate security agencies of the Government, concludes would be prejudicial to the public interest, safely, or security."

On May 19, 1989, the Regional Commissioner concluded, in what he described as a "close call," that the record did not establish that Bosch was inadmissable under 8U.S.C. 1182 (a) (27) or (29). He further concluded that while both confidential and non-confidential evidence indicated that Bosch may be excludable under 8U.S.C. 1182 (a) (28) (F), there was adequate non- confidential evidence available to obviate the need for excluding Bosch without a hearing. The Regional Commissioner's decision was affirmed by the Commissioner on the same day in a one- paragraph order.
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EVIDENCE OF EXCLUDABILITY
The files of the FBI and other government agencies contain a large quantity of documentary information which reflects that, beginning in the early 1960's Bosch held leadership positions in various anti-Castro terrorist organizations. The information contained in these files clearly and unequivocally reflects that Bosch has personally advocated, encouraged, organized and participated in acts of terrorist violence in this country as well as various other countries. While some this information is of a non-confidential nature, greater quantity, both classified and unclassified, is of a confidential nature because of the need to protect intelligence sources and methods. The information presented for my review included all of the evidentiary materials made available to INS, the material submitted by Bosch to the Regional Commissioner, and additional classified information furnished by the FBI.

138 black flags block the U.S. Interests Section building in Havana


Ingenious? Yes indeed. Humourous? That too. But those who know the country well would agree that in Cuba even the simplest of gestures is surrounded by layers of meaning. In the case of the flag incident, each star was supposed to represent a Cuban who had died as a result of U.S. foreign policy in Cuba.

There's more ... http://www.raisethehammer.org/index.asp?id=347