Domestic-violence victim wins 10-year immigration fight

By Florangela Davila
Seattle Times staff reporter

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Yesterday, after nearly a 10-year legal battle, Seattle immigration Judge Edward Kandler granted her legal permanent residency, congratulating Luis Hernandez and giving her his blessing.

"I wish you safety, good luck and fortune," he said.

An attorney gave her flowers. Luis Hernandez, 45, wept.

"I know this case will open doors for thousands of women who suffer. I hope they can come out into the light," she said during a celebration yesterday.

She is a Mexican national who was beaten by her husband, Refugio Acosta Gonzales, while they lived in Mexicali. Fearing for her life, she fled Mexico and crossed illegally into the United States. He tracked her down and promised not to hurt her again. She returned home.

But when the violence resumed, Luis Hernandez again fled and again crossed into this country, eventually settling in Seattle.

When her lawyers failed to persuade an immigration judge to adjust her immigration status, attorneys took the case to the 9th Circuit Court of Appeals, which ruled that domestic violence isn't limited to physical abuse.

"... [T]he interaction that took place in the United States presents a well-recognized stage within the cycle of violence, one which is both psychologically and practically crucial to maintaining the batterer's control," wrote Judge Richard Paez last October.

"We conclude that an abuser's behavior during the 'contrite' phase of domestic violence may, and in circumstances such as those present here does, constitute 'extreme cruelty.' "

Under the law that protects illegal immigrants who are the victims of domestic violence by a U.S. citizen or legal permanent resident, a provision of the 1994 Violence Against Women Act, the judges ruled that she could stay in the country and have her immigration status adjusted.
 
In Luis Hernandez's case, her husband was a legal permanent resident of the U.S. who was living in Mexico when he beat her.

Yesterday's immigration-court proceeding was the final one in a decadelong ordeal.

Luis Hernandez, who has two jobs working for groups serving the homeless, will be able to visit her two children in Mexico once she gets her green card, which could take a few months.

"You made it," said attorney Ann Benson to Luis Hernandez, as she handed her gladiolas and daisies.

"No, we made it," Luis Hernandez replied.

Florangela Davila: 206-464-2916 or fdavila@seattletimes.com