CUBA
NEWS The
Miami Herald
Experts question sense of revaluing
Cuban peso
The Cuban currency has
gained ground against the U.S. dollar as
Fidel Castro tries to bridge the gap between
Cubans who earn pesos and those who get
U.S. dollars from abroad.
By Nancy San Martin, nsanmartin@herald.com.
Posted on Tue, Apr. 05, 2005
Cuba's recent strengthening of its currency
is designed to close the gap in the purchasing
power of those who earn only pesos and those
who receive U.S. dollars from abroad, analysts
say.
But the peso's revaluation makes no economic
sense because the communist-ruled island's
economy is not strong enough to back up
the 7-8 percent increase in the value of
its currency, the experts added.
When coupled with a government decision
in November to charge a 10 percent fee on
all dollars converted into pesos, the changes
amount to a 17-18 percent strengthening
of a currency that is not accepted anywhere
outside Cuba.
The currency shifts -- the first changes
in the peso's official exchange rates since
2001 -- came in two critical decisions:
o On March 18, the value of the common
peso was strengthened by 7 percent, from
27 to 25 to the dollar.
o Effective Saturday, April 9, the value
of the convertible peso -- a paper chit
known as a chavito and introduced in 1994
as equal to the dollar -- will strengthen
in value by 8 percent.
The common Cuban peso generally is used
only for state salaries and the purchase
of goods deeply subsidized -- and rationed
-- by the government. Dollars and convertible
pesos are required to purchase non-rationed
goods, such as extra food and clothing,
and electronics.
Cuban leader Fidel Castro has said the
convertible peso's one-to-one peg to the
dollar had to be changed because the U.S.
currency has been losing huge ground against
other world currencies.
''Every day using the dollar gets riskier,''
Castro said. "The dollar isn't behaving
well.''
Strengthening the peso is now possible,
Havana officials claim, because of an economic
surge due in large part to help from Venezuela,
which is providing oil at below market prices,
and China, which is investing in the island's
valuable nickel industry.
EMBARRASSING GAP
But the real goal behind the currency shift,
the experts said, was to close the gap between
those Cubans who earn only pesos and those
who receive the $400 million to $1 billion
sent a year by Cubans abroad -- an embarrassing
gap in a communist-ruled island.
Havana resident Rafael Guerra, for example,
recalled how his machine operator's salary
once was enough to cover his family expenses
in the 1980s.
'THINGS GOT TOUGH'
''I lived very well with the money I earned.
But then things got tough, the peso lost
its value and a lot of people left their
jobs because the salaries weren't worth
it,'' Guerra, 34, said in a telephone interview.
"With the peso worth more [now], people
will want to go back to work.''
But the currency shifts also will have
a negative effect on Cubans who receive
remittances from abroad.
''People who rely on dollars see themselves
really affected,'' said Oscar Espinosa Chepe,
a dissident Havana journalist who was released
from prison in November. "Since I got
out of jail, prices have gone up tremendously.
People are very worried.''
Experts on the Cuban economy say, in fact,
that the peso revaluations make no sense
given the long, near-catastrophic state
of the island's economic system.
'SYMBOLIC, POLITICAL'
A study released recently by Carmelo Mesa-Lago,
one of the top U.S. experts on Cuba's economy,
called the currency changes ''a symbolic,
political decision geared to the outside
world and . . . Cubans who only have pesos.''
The report was released at the University
of Miami's Institute for Cuban and Cuban-American
Studies.
''The most important facet of what's going
on here is that the basis Castro is using
to trumpet these successes is solely the
generosity of others'' such as Venezuela
and China, said John Kavulich, who monitors
Cuba's economy. "How is that a sustainable
economic policy and how can they be proud
of that rationale?''
'HAVE TO SEND MORE'
The currency shifts also created an additional
burden for Cubans in the United States who
send money to their relatives on the island.
''I have to send more, so that my family
in Cuba doesn't end up with less,'' said
José Vela, a Miami handyman who has
increased his monthly remittances to his
son on the island to $120 from $100. "Things
have gotten very expensive over there. They
can't afford to lose any money.''
Castro, island mourn pope
Fidel Castro declared
three days of mourning for Pope John Paul
II, and Cardinal Jaime Ortega, who'll attend
the funeral, extolled John Paul Sunday in
Havana.
By Vanessa Arrington, Associated
Press. Posted on Mon, Apr. 04, 2005
HAVANA - Cuba's Fidel Castro expressed
condolences for the death of Pope John Paul
II, declaring three days of official mourning
that began Sunday on the communist-run island.
In a letter to the Vatican published Sunday
on the front page of Juventud Rebelde newspaper,
Castro called the pope's passing ''sad news''
and expressed "the most heartfelt condolences
of the Cuban people and government.''
''Humanity will preserve an emotional memory
of the tireless work of His Holiness John
Paul II in favor of peace, justice and solidarity
among all people,'' Castro wrote.
The Cuban leader also highlighted the pope's
historic January 1998 visit to Cuba, saying
it will remain "engraved in the memory
of our nation as a transcendent moment in
relations between the Vatican State and
the Republic of Cuba.''
Cuba suspended all festivities, including
an anniversary celebration for young communists
and the final games of the popular national
baseball series.
Cuban Catholics gathered Sunday in Havana's
towering cathedral for Mass, led by Cardinal
Jaime Ortega, the island's top Roman Catholic
churchman.
Ortega extolled John Paul's virtues and
his message of peace, love and justice,
saying, "The pope stirred humanity,
just like Jesus did.''
The cardinal passed through the church
after Mass greeting members of the crowd,
some of whom kissed his hand.
The cardinal spoke with international reporters
but declined to speculate on likely successors
to the pope.
''The selection of the pope isn't produced
from a candidacy,'' Ortega said. "The
church . . . looks for what the church needs
at this moment, and that reflection will
be decisive.''
Ortega plans to celebrate a funeral Mass
for the pope at the Havana cathedral this
evening, then travel to Rome to attend the
pope's funeral there and participate in
the conclave of cardinals that will elect
John Paul's successor.
Though he clearly did not want to mention
himself as a candidate, Ortega did not reject
the possibility that the future pope could
come from Latin America.
Granma, the Communist Party daily and official
government voice, devoted extensive coverage
to the pope's death Sunday.
In an official declaration of the Foreign
Ministry, the pope was viewed as "someone
who worried about the poor, who combated
neoliberalism and fought for peace.''
In a reference to the U.S. trade embargo,
it added, 'We will also always remember
his pronouncement against the blockade suffered
by our country, which he qualified as 'restrictive
economic measures imposed from outside the
country, unjust and ethically unacceptable.'
''
Herald staff writer Nancy
San Martin contributed to this report.
Mariel: From turmoil to triumph
The arrival of about
125,000 Cuban refugees in the 1980 Mariel
boatlift caused chaos and changed Miami,
but 25 years later, their story is mostly
one of success.
By Oscar Corral And Andres
Viglucci, ocorral@herald.com. Posted on
Sun, Apr. 03, 2005
Special
Section | The Legacy of Mariel
Ivette Motola was a seasick little girl
clad in the only shirt she owned when she
stepped off a leaky boat onto Key West in
1980 and boarded a bus to the Orange Bowl.
A few days later, an overcrowded shrimp
boat brought ex-convict Pedro Oliva from
Cuba to Key West and set him loose on American
society.
Today, Motola, 31, is a Harvard-trained
doctor. Oliva, 51, has just been released
from years of federal detention with a long
criminal record, including child molestation.
Almost 25 years after they arrived, their
sharply divergent paths mark the extremes
that have come to define the Mariel boatlift,
an extraordinary social upheaval that roiled
Miami and forever altered the city's makeup,
politics and history.
In a brief but intense span of five months,
an improvised and largely uncontrolled exile
flotilla carried 125,266 dispossessed Cubans
to U.S. shores from the port of Mariel --
not just relatives and friends of exiles,
but also thousands of criminals, mental
health patients and others cast out of Fidel
Castro's communist society.
The influx overwhelmed government, schools
and public services. A menacing minority
of refugees set off on a harrowing crime
spree. The boatlift exacerbated racial and
ethnic tensions, hastening white non-Hispanic
flight out of Miami and serving as a propellant
for the riots that would soon devastate
stretches of Liberty City.
The wounds are not forgotten, least of
all by Mariel refugees, who bore some of
the deepest.
Yet the story of the boatlift for most
is one of once unimaginable success.
Just one generation later, the Mariel refugees
have woven themselves into the everyday
fabric of the city, gradually shedding the
scornful label marielito to become office
workers and professionals, laborers and
students, productive citizens indistinguishable
from the ordinary run of Miamians.
SLOW ACCEPTANCE
''It took years for people, including older
Cuban exiles, to accept them as part of
American society,'' said Guarioné
Díaz, director of the Cuban American
Planning Council, a nonprofit agency that
helped resettle the refugees. ''It was a
time of great turmoil. But now they are
working. Their children are going to school.
They are becoming American citizens. They
have assimilated.''
Mariel nudged Hispanics close to a numerical
majority in Miami. It also laid the foundation
for today's local Cuban-American political
dominance. Some contend that the boatlift
can also claim some credit for Miami's current
economic and cultural resurgence.
''The sudden infusion of so many people
with drive and with dreams catapulted the
city forward,'' Motola said.
Finally, Mariel stamped Miami as the ultimate
immigrant haven -- a place where, in spite
of huge obstacles, newcomers can reinvent
themselves and build new lives in economic
and political freedom.
''Mariel was ultimately a story of triumph,''
said local filmmaker Li Perez, who made
a documentary on the boatlift.
But consequences linger.
Resentment over the outpouring of government
and volunteer aid for the refugees, especially
when compared to the harsh detention of
about 25,000 Haitian boat people whose arrival
roughly coincided with the boatlift, played
a role in the Liberty City riots.
Today it tinges memories of what many of
Miami's black citizens recall as official
favoritism toward Cuban refugees.
''They were given housing; they were given
food and healthcare,'' said the Rev. Alfred
Jones, a job developer for The Alternative
Programs, a nonprofit agency that finds
work for released inmates. ''People who
had been here all their lives didn't receive
that help. I felt it was unfair to blacks
in the community. They just pushed the blacks
aside, and things really haven't changed.''
And although the crime wave associated
with Mariel waned long ago, the long detention
by immigration authorities of Mariel refugees
who committed serious crimes on U.S. soil
ended in February of this year, with a U.S.
Supreme Court ruling that they could not
be locked up indefinitely.
Nearly 750 people, many with serious criminal
records, are being released. (Studies have
shown that about 10 percent of Mariel refugees
were criminals released from Cuban prisons.)
Among them is Oliva, who found a job as
a roofer upon his arrival in Miami but went
to prison in 1994 for domestic violence
and lewd and lascivious assault on a child.
Oliva is trying to get a work visa, and
in the meantime he helps a friend haul trash.
''Now I'm worse off than when I came in
Mariel,'' he said.
HOW IT BEGAN
The saga of Mariel began when a Cuban bus
driver crashed his bus through the fence
of the Peruvian Embassy in Havana with a
group of would-be refugees. Castro pulled
guards off the compound, and thousands of
Cubans seeking to leave poured into the
embassy grounds.
Castro responded by opening the port of
Mariel to anyone who wanted to leave. Five
months later, he abruptly shut it down.
Few who lived through Mariel can forget
the tent cities set up at the Orange Bowl
or beneath the Interstate I-95 span over
the Miami River -- part of an unimaginable
effort to house, feed, process and resettle
the refugees. Although some were shipped
to military bases in Arkansas and Pennsylvania,
most were brought to Miami. Tens of thousands
were accepted warmly and settled into new
lives.
Harvard-trained doctor
Americans as ideal immigrants -- and many
reacted by rejecting the Mariel Cubans as
''different,'' products of a communist system
who were unprepared to duplicate their predecessors'
success. It didn't help that many Mariel
refugees were black or darker-skinned than
the largely white Cubans who preceded them.
In South Beach, then a depressed neighborhood,
Mariel criminals preyed on fearful Jewish
retirees. Mentally ill refugees wandered
the streets in Little Havana. Unemployed
Mariel refugees hung out on corners in telltale
inexpensive new jeans and sneakers handed
out by resettlement groups, recalled Díaz
of the the Cuban American Planning Council.
Recriminations flowed from white non-Hispanics
who blamed government for failing to curb
the boatlift. Tens of thousands left the
county, and those who stayed struck back
politically, eventually winning voters'
approval of a measure -- much later repealed
-- that prohibited local government from
conducting business or issuing any documents
in any language other than English.
Miami's national reputation went into pitched
decline from the combined blows of Mariel,
the violent ''cocaine cowboys'' and the
Liberty City riots. Amid a national recession,
unemployment rose and tourism slumped, sending
the local economy into a tailspin.
The cost to the county and the state of
managing the crisis was about $100 million.
''It was really a disaster,'' said Maurice
Ferré, who was Miami's mayor at the
time.
SEEDS OF SUCCESS
Perversely, though, all the bad publicity
generated by Mariel may have planted the
seeds for the revival of Miami now in full
flower.
The boatlift infused Miami, a place then
derided by many as a cultural wasteland,
with scores of artists, writers and musicians
oppressed under Castro and now eager to
practice their craft in freedom.
''After we got here, the art scene -- and
South Florida's culture -- was greatly enriched
by the artists, musicians and actors who
came on those boats,'' said painter Andres
Valerio, who came in the boatlift with his
wife.
The film Scarface, and then the television
series Miami Vice, glamorized the marielitos
and the city's dangerous streets -- and
helped lure visitors to nourish the revitalization
of South Beach.
''It's a story about how something that
was first viewed as negative by so many
people ended up becoming something great
for us. It made Miami a more cosmopolitan
place,'' said Bernardo Benes, a Cuban exile
whose controversial negotiations with the
Cuban regime helped set the stage for the
Mariel boatlift.
The unaccustomed stigma brought on by the
boatlift prompted the exile leadership,
formerly focused on battling Castro, to
seek greater local political and economic
clout. The Cuban American National Foundation,
whose fundraising prowess gave Cuban Americans
unparalleled influence in Washington, was
launched. Exiles began to run for -- and
win -- local elected jobs.
''The power structure of Miami, where Cuban
Americans are so powerful, is a direct outgrowth
of what happened that year,'' said Princeton
University sociologist Alejandro Portes,
a Cuban American who has written about the
boatlift's impact on Miami.
Miami Mayor Manny Diaz, a Cuban American
who was the director of the Spanish American
League Against Discrimination during the
boatlift, said Mariel forced exiles to confront
-- and proclaim -- their ethnic identity.
''Mariel had hurt the image that we worked
so hard for 20 years to create,'' Diaz said.
Twenty-five years later, in Ferré's
view, Mariel's benefits to Miami outweigh
its costs, heavy as they were.
''Time heals a lot of things,'' Ferré
said. ''The question is this: Are the Mariel
Cubans net givers or net takers? Look around
Miami today. They are by far net givers.''
Cuban exile's presence would rally exiles,
perplex U.S.
By Oscar Corral, Miami Herald.
Posted on Sun, Apr. 03, 2005.
MIAMI - It was vintage Luis Posada Carriles:
An obscure local Spanish-language television
station announces that the famed anti-Castro
fugitive is in Miami.
No independent confirmation that the dapper
dresser nicknamed Bambi is in town. No media
interviews. Just a report that quickly creates
a stir.
Cuban exiles loyal to him rally in Miami.
U.S. authorities are perplexed. Lips seal.
Cuba pitches a fit because it considers
him its own Osama bin Laden. Venezuela wants
him back in prison. Lawyers are hired for
him, though they say they've never laid
eyes on him.
Only one thing is certain: If Posada is
indeed in Miami, his visit mirrors his shadowy
career as a CIA-trained spy, an explosives
expert, escape artist, security advisor
to presidents across the Caribbean and -
some say - terrorist.
"He should be received as a hero,"
said Cuban-American developer Santiago Alvarez,
who helped pay to hire a lawyer in Miami
to represent Posada. "He is a symbol
of the tenacity and patriotism of Cubans
throughout 45 years of exile."
The determined but fruitless exile struggle
to violently topple Cuban leader Fidel Castro
since he took power in 1959 has defined
Posada's career. It is a cause that has
lost steam in recent years with the death
of old-time militants like Nazario Sargen,
who founded the anti-Castro paramilitary
group Alpha 66.
Now, Posada appears poised to come in from
the cold world of sabotage and conspiracy.
Born in 1928 in the south-central port
of Cienfuegos, Posada quickly soured on
Castro's revolution and joined Brigade 2506
before its disastrous landing at the Bay
of Pigs.
His ship never hit shore, and he went on
to be a CIA operative in Miami, specially
trained in the science of explosives.
But by 1967 he was working with the Venezuelan
police, tracking down pro-Castro guerrillas.
And until 1976, when he and Miami pediatrician
Orlando Bosch were arrested in Caracas for
the midair bombing of a Cuban airliner that
killed 73 people, he had been just another
anti-Castro militant.
Venezuela's cumbersome legal system never
convicted either man for the airplane bombing.
Bosch eventually won his freedom, but Posada
escaped from prison, while awaiting a prosecutor's
appeal, in August 1985.
One year later he turned up in El Salvador,
secretly working for U.S. National Security
Council member Lt. Col. Oliver North and
managing part of the supply operations for
contra guerrillas fighting the Marxist-led
Sandinista government in Nicaragua. At the
same time, The Miami Herald reported, he
was infiltrating the Salvadoran right on
behalf of President Jose Napoleon Duarte.
Then, in 1990, he hit the headlines again
after gunmen nearly killed him in Guatemala
City, where the government had hired him
as an expert in electronic surveillance.
The attack, with silencer-equipped automatic
weapons, shattered his jaw and left him
with permanent speech difficulties that
force him to slurp between phrases.
Helped to recover by Cuban exile and Guatemalan
friends, he later speculated that the assassins
were Castro agents. But in a 1991 interview
with The Herald, he vowed to continue his
struggle for a free Cuba.
"We have maintained the belligerence
... when people were immersed up there (in
Miami) trying to live well, trying to forget
Cuba. We did what we could to continue the
fight. We didn't give up. Right or wrong."
Again he vanished for years, living mostly
in El Salvador and Honduras and secretly
increasing the thread count in his vast
web of conspiracies. He reportedly planned
to blow up a Cuban freighter in Honduras
in 1993, and led a team of exiles to Colombia
to try to assassinate Castro in 1994.
Then suddenly in 1997, a dozen or so bombs
went off in tourist spots around Havana
for the first time in decades, killing one
tourist and wounding half a dozen others.
A young Salvadoran, Raul Ernesto Cruz Leon,
was arrested in Havana.
Herald reports linked Posada to the bombings
and said Cuban exiles in South Florida had
provided $15,000 in funding. The next year,
the New York Times quoted Posada as saying
he was responsible for the bombings and
that leaders of the Cuban American National
Foundation had "supported" his
efforts to topple Castro. Posada later said
he lied to the newspaper, and denied a role
in the bombings.
Posada then melted back into shadows until
November 2000, when he and Miami exiles
Pedro Remon, Gaspar Jimenez and Guillermo
Novo were arrested in Panama for allegedly
plotting to assassinate Castro during a
summit there.
They were convicted only on charges of
endangering public safety and sentenced
to up to eight years, but Panamanian President
Mireya Moscoso pardoned them in late 2004.
The three Miami men came home, but Posada
went into hiding.
The four have claimed that they went to
Panama to meet up with a Cuban army general
who had signaled to them that he planned
to defect while Castro was in Panama and
would need their help getting out of the
country - raising the specter of a possible
setup by the Cuban intelligence services.
That whiff of a setup helped continue the
speculation among some U.S. and Cuban exile
intelligence experts that Havana's security
agencies had sometimes managed to play Posada
as a "tonto util" - a useful fool.
Some of his plots, they say, seem almost
tailor-made to help paint the Cuban communities
in Miami and New Jersey as rabid terrorists.
The first hint Posada might be in the Miami
area came Tuesday night, when Spanish-language
station Channel 41 quoted three unidentified
sources saying he was here and planned to
"present himself to North American
authorities."
And now, if he emerges in Miami, Posada
might be again bringing the shadow of terrorism
to Miami and sparking a U.S. confrontation
with Cuba and Venezuela, both of which want
him on terrorism charges.
Because of the Bush administration's global
war on terror, it may be embarrassed by
the presence here of an accused terrorist,
even one who may have come in from the cold
to retire and seek treatment for the skin
cancer and other ailments that afflict the
77-year-old.
Even in a 1990 interview with The Herald,
he mused about his aged cause.
"When you think about it, we've grown
old with our enemies," he said. "Bosch
is really old. Fidel Castro is old. And
I'm old."
Asylum to be sought for Cuban militant
A close Miami associate
of elusive Cuban exile militant Luis Posada
Carriles has begun hiring attorneys to represent
his friend if and when he's ready to emerge
from hiding.
By Elaine De Valle And Alfonso
Chardy, achardy@herald.com. Posted on Fri,
Apr. 01, 2005
A Coral Gables immigration attorney hired
to represent Cuban exile militant Luis Posada
Carriles said Thursday he plans to ask the
Department of Homeland Security for asylum
and parole for his client so he can live
in the United States without fear of extradition.
Attorney Eduardo Soto said he expects a
tough battle on behalf of the controversial
77-year-old -- hailed by some as an anti-Castro
icon, but wanted by two countries as a terrorism
suspect. Posada, thought to be in hiding
now in South Florida, has been accused of
blowing up a Cuban airliner in 1976 when
he lived in Venezuela and trying to kill
Cuban President Fidel Castro in 2000 when
he visited Panama.
''I anticipate a huge struggle here, both
on the immigration front and in other matters,''
Soto said, referring to the possibility
that Venezuela may seek Posada's extradition
as a result of his 1985 escape from a prison
where he was held in connection with the
airliner bombing.
As Posada's legal team began taking shape
Thursday, the Castro government signaled
that it plans to use Posada's reported presence
in Miami as the basis for stepped-up criticism
of the United States.
'DOUBLE STANDARD'
Granma, the Cuban Communist Party's daily,
said in its international edition Wednesday
that Posada's presence ''confirms'' the
Bush administration's "double standard
to measure terrorism.''
Lázaro Barredo, a deputy in Cuba's
National Assembly, appeared Wednesday night
on a Havana television news program and
branded the Posada situation as an "attack
on decency.''
Meanwhile, U.S. government officials were
publicly silent about Posada, who is not
wanted on any charges in the United States.
But a congressional aide, who spoke on condition
of anonymity, told The Herald: "There
is some concern about how he got in. It
raises questions about homeland security
issues.''
News of Posada's possible arrival in South
Florida broke Tuesday night when the Spanish-language
television station Channel 41 quoted three
unidentified sources as saying he was here
and planning "to present himself to
North American authorities.''
Soto said he is awaiting word on what Posada
wants to do. Soto said he wouldn't comment
on whether he has spoken to Posada but said
he doesn't know where Posada is now.
''I will be further advised early next
week what, if any, intention Mr. Posada
Carriles has with respect to the United
States,'' said Soto, adding that he agreed
to take the case pro bono.
ATTORNEYS ON TAP
Posada's close friend and financial backer,
Miami developer Santiago Alvarez, said he
retained Soto and may also approach other
attorneys, including Kendall Coffey, a former
U.S. attorney in Miami.
''Kendall Coffey has always been willing
to defend us and has offered his services
in the past, and he will be used if we need
his specialties, for example, in the case
of an extradition or criminal charges,''
Alvarez said.
Coffey declined to comment Thursday. ''I
cannot speculate on future possibilities,''
he said.
EXTRADITION A WORRY
Alvarez said the immediate concern was
whether Venezuela would formally ask for
Posada's return if he comes forward in Miami.
Venezuela and the United States have an
extradition treaty.
Recently, Venezuela asked the United States
to extradite two former national guard lieutenants
seeking asylum.
The pair face charges in connection with
the 2003 bombings of the Spanish Embassy
and Colombian consulate in Caracas.
Posada, Cuban-born and a naturalized Venezuelan
citizen, is wanted for escaping from prison
there 20 years ago while being investigated
for the airliner bombing. He was acquitted
twice in the case but was being held pending
a prosecutors' appeal.
Soto said his initial goal would be to
ensure that Posada can stay in the United
States. He said that once Posada is ready
to come forward, he would follow a two-track
strategy of filing for asylum and parole
under the 1966 Cuban Adjustment Act.
Soto said an asylum application would be
the proper strategy because "it is
in his best interests to establish that
he fears for his life should he be removed
from the United States.''
A foreign national seeking asylum essentially
gets to stay until the case is resolved
-- though the asylum seeker can be detained.
Jack Bulger, Miami district director for
U.S. Citizenship and Immigration Services,
which handles asylum petitions, declined
to discuss Posada's case specifically but
said in general that such cases would be
referred to an immigration judge if the
person is denied asylum or parole.
'NONPOLITICAL CRIME'
Under immigration law, asylum may be denied
to foreign nationals thought to have committed
a ''serious nonpolitical crime'' before
arriving in the United States.
For example, an immigration judge in February
denied asylum to the two former national
guard officers on the basis of Venezuela's
extradition request.
But the judge also prohibited the U.S.
government from deporting them to Caracas
because "it is more likely than not
that they would be tortured.''
In the Posada case, the Cuban government
has formally sought his capture and extradition
from several Latin American countries. Havana
has said Posada would face a firing squad
if caught and returned home.
WOUNDED IN 1990
Posada was seriously wounded in a 1990
assassination attempt in Guatemala while
working as a security advisor for then-president
Vinicio Cerezo. It was widely speculated
at the time that Cuban agents were responsible.
Soto said he thinks he can make a strong
case for asylum because Posada was not convicted
in the airliner bombing.
But David Abraham, a University of Miami
immigration law professor, said the Posada
case could pose a legal and political dilemma
for the Bush administration.
''The larger question is whether asylum
should be granted to someone whose actions
would ordinarily fit the definition of terrorism,''
Abraham said.
"But as we have seen in the past in
South Florida, terrorist activities can
be recast as freedom fighting if the political
situation is supportive.''
Herald staff writers Nancy
San Martin and Oscar Corral and researcher
Monika Z. Leal contributed to this story.
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