AIDS policy & law
Volume 11, Issue 17, 1996, Pages 1-2

Immigrant's HIV status may be a hardship barring deportation. (Article)



Abstract

A panel of the 9th U.S. Circuit Court of Appeals rejected an HIV-positive immigrant's request for asylum. Salvador Ali Maradiaga emigrated from Nicaragua in 1983. At that time he was a student who refused to participate in pro-Sandinista rallies and fled rather than serve in the military. He married a U.S. citizen and found permanent employment. When Maradiaga returned to Nicaragua to apply for a U.S. immigrant Visa, he tested positive for HIV antibodies; the Visa was denied. He felt he could not remain in Nicaragua due to his past association with Contra rebels. Upon return to the U.S., his wife asked for a separation. When Maradiaga sought asylum stating that his Jewish faith made him a target for persecution in Nicaragua, the Immigration and Naturalization Service began deportation hearings. In its ruling, the 9th Circuit Court found no reason to believe that Maradiaga would face persecution in Managua. The case has been remanded to the Board of Immigration Appeals to determine whether Maradiaga would be able to obtain appropriate medical attention if returned to Nicaragua.

Author Keywords

[No Keywords available]

Index Keywords

male Emigration and Immigration Nicaragua HIV Seropositivity Human immunodeficiency virus infection Article United States human Humans migration legal aspect

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-0030595134&partnerID=40&md5=c87cf1eb1d513a6a24c957ced5555eee

ISSN: 08871493
Original Language: English