THE VICTOR TORO DEFENSE COMMITTEE
Support Victor Toro Now!
August 2007
Communique from the Law
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On July 6 , 2007, Victor Toro was arrested by US Border Patrol, an agency of the US Department of Homeland Security, while on board an Amtrak train in Rochester, New York. He was later transferred to Cayuga County Jail in Auburn , New York . Bail was set at $5,000.00 the same day of the arrest. Bail was posted on Monday, July 9, 2007 and Mr. Toro was released the same day.
A Notice to Appear(NTA) dated July 6, 2007 has already been issued by the Department of Homeland Security charging Mr. Toro with violation of Section 212(a)(6)(A)(1) of the Immigration & Nationality Act (The Act). There is no court date set yet, however, we expect to have a court date within the next 3 weeks.
Mr. Toro’s current counsel, Carlos Moreno, Esq., is considering political asylum under Section 208 of the Act, withholding of removal under Section 241(b)(3) of the Act , Relief under Art. III of the Convention Against Torture, as well as cancellation of removal under Section 240A of the Act, as possible forms of relief. However, such considerations are subject to change as more information becomes available and as more attorneys join Mr. Toro’s defense team. The standard of proof on all the above forms of relief is very high and the burden of proof is on the Respondent (Mr. Toro). In addition, as to the issue of asylum, there is a one year bar issue (See Section 208(a)(2) ) of the Act, which is quite difficult, though certainly not impossible, to overcome. In addition, Mr. Toro lived in other countries before coming to the United States.
Mr. Toro is a citizen and national of Chile who was jailed and tortured because of his opposition to the Pinochet government(1973-1990). He entered the United States illegally in 1984 and has remained in the US ever since. Mr.Toro’s past Persecution is well documented and Mr. Toro’s political work has been the subject of books, including Alistair Horne’s Small Earthquake in Chile. In addition, Mr. Toro was listed, along with MIR’s leader Miguel Enriquez and PS leader Carlos Altamirano, amongst others, as one of the thirteen(13) most wanted people by the Dictatorship of Augusto Pinochet in 1973. His wife, Nieves Ayress, is a US citizen and his daughter, Rosita Toro, is a legal permanent resident of the US.
Since his arrival in the United States , Mr. Toro established the non-profit organization La Pena del Bronx which provides much needed assistance to the south Bronx community.
It appears that we need an experienced and highly dedicated legal team. In order to be successful, that legal team must be supported by an equally dedicated political movement capable of generating support at the grass-roots level. Equally important is the need for professionals, i.e. psychologists experienced in asylum and cancellation claims, historians familiar with Chile ’s recent history and political scientists well versed in the dynamics of power in today’s Chile . We also need an army of translators(Spanish-English) as much of the documentary evidence relevant to Mr. Toro’s case is in Spanish.