Haitian Client Featured in Minneapolis Star Tribune

Shoodley Cherichel, a Haitian citizen and long-time client of Kim Hunter & Associates, was featured in the Minneapolis Star Tribune on Sunday, January 17, 2010. Mr. Cherichel filed for several forms of relief from deportation, but was eligible for protection under the Convention Against Torture only. The Convention Against Torture (CAT) is supposed to protect individuals from being returned to their native country if it is more likely than not they will be tortured there. However, thanks to a series of negative Board of Immigration Appeals and Circuit Court cases on this subject which address whether or not a particular government has a “specific intent” to torture, Mr. Cherichel’s case was denied by the United States Court of Appeals for the 8th Circuit. Earlier, the immigration judge had granted Mr. Cherichel relief from deportation under the Convention Against Torture. In a lengthy opinion, she distinguished Mr. Cherichel’s case from that of an earlier Haitian case called Matter of J-E-. Unfortunately, subsequent circuit court decisions followed J-E- and the 8th Circuit went along with those circuits’ reasoning in denying Mr. Cherichel’s case. The 8th Circuit decision was released on January 12. Later that day, the earthquake hit Port au Prince.

Because Mr. Cherichel has a criminal history, he is not eligible for Temporary Protected Status (“TPS”). However, there is a current moratorium on all deportations to Haiti, and because of this and other factors specific to Mr. Cherichel, his future remains uncertain.