May 18 , 2004

Contact: Ruth Spivack
(202) 319-1000 ext. 120

DHS REFUSES ASYLUM TO GUINEAN TEEN DESPITE APPEALS
FROM NUMEROUS ORGANIZATIONS AND MEMBERS OF CONGRESS

Almost 40 organizations have banded together to urge the Department of Homeland Security (DHS) to grant immediate asylum to Malik Jarno.  Jarno is a teenage orphan from Guinea with mental retardation.  Jarno fled to the United States to avoid persecution in his home country where his father was imprisoned and killed by the government.  Despite overwhelming evidence that Jarno is likely to be persecuted if returned to Guinea and needs the protection of the laws designed for just this purpose, the DHS refuses to stipulate to immediate political asylum for him. 

The groups supporting Jarno submitted a letter today urging immigration officials to concede to asylum.  Denise Gilman, Director of Immigrant and Refugee Rights at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, one of the groups coordinating the appeal, said, “Malik's case is not complicated - it involves a young, vulnerable orphan who fled his home country fearing for his life.”  The letter submitted today is one more call for relief for Jarno following on numerous other letters and petitions in his support.  Those who have already interceded on behalf of Jarno include seventy members of Congress from the Congressional Refugee, Human Rights and Black Caucuses; Republican and Democratic Senators; numerous non-governmental organizations, including Amnesty International, Human Rights First (previously Lawyers Committee for Human Rights) and the NAACP.   

Jarno arrived in the United States at age 16 in 2001, seeking the protections of our government as a political refugee.  But the system failed him.  Before Jarno found pro bono counsel to assist him, immigration officials lost his file and, as a result, allowed Jarno to languish in jail for eight months without seeing an immigration judge.  Jarno was interviewed by United States government officials without notice or presence of counsel, despite his age and mental capacity.  In their overzealous pursuit of an effort to discredit Jarno, officials improperly revealed information from his asylum claim to the Guinean government and increased risks that he would face if returned to his home country.  Jarno was held in adult jails and prisons for almost three years before he was finally released on December 23, 2003 as a result of the direct intervention of DHS Under Secretary Asa Hutchinson.  But DHS trial attorneys still seek to return Jarno to Guinea

The evidence establishing beyond a doubt Malik's eligibility for asylum includes: 1) written testimony by a US Agency for International Development agent stationed in Guinea attesting to the death of Malik's father and destruction of his home; 2) expert opinions attesting to the persecution that an orphan with mental retardation would suffer in Guinea; 3) written testimony from the wife of a Guinean political leader confirming that Jarno's father was a religious and civic leader who was imprisoned and killed by the Guinean government; and 4) evidence that the Embassy of Guinea is hostile to Jarno and that the government of Guinea will seek to punish him upon return.  Given the evidence and the injustice Jarno has already suffered, Jarno should be granted asylum as expeditiously as possible.