Reviving “Extortion Plus”:An Alternative Paradigm for Analyzing Mexican Asylum ClaimsCarlos SpectorTexas AILA Conference April 24-26, 2014Dallas, TX

Intentional Ineffectual Government(Authorized Crime)

Proponents of the [term] neopoliciaco view the 1968 student massacre at Tlateloco and the Mexican government’s subsequent mismanagement of justice as the turning point in the importance of social criticism in the detective novel… The importance of the 1968 student massacre to the development of the neopoliciaco explains an important message repeated in many plots in the genre, namely, that the State is the perpetrator of violence against its citizens, or functions as the ignorant accomplice to such crimes by failing to enforce laws and thereby dissuade criminal activity.

Intentional Ineffectual Government(Authorized Crime)

The advantage of citizenship is found in the government’s ability to protects its citizens from harm. States that are incapable of guaranteeing this protection open the floodgates of chaos (Rotker 17). This chaos is exactly what Aridjis describes in his novel: a society in collapse from an intentionally ineffectual government.

(Brooks Sakas, Karliana. “Apocalypse as Catalyst of Hope for a New World in Homero Aridjis’ La leyenda de los soles.” Revista de literatura mexicana contemporanea. Num. 59, Yr. 19. (Pp. 17-26).)

U.S. Department of JusticeExecutive Office for Immigration Review

Office of Planning, Analysis and TechnologyImmigration Courts

Asylum Statistics Fiscal Years 2009-2013

FY Received Granted Denied Abandoned

Withdrawn Other

2009 30,112 8,800 9,876 3,248 6,450 6,927

2010 32,810 8,518 8,335 1,646 6,275 7,527

2011 42,664 10,137 9,280 1,430 5,137 5,291

2012 44,296 10,711 8,502 1,296 5,357 8,021

2013 36,674 9,933 8,823 1,439 6,400 11,391

U.S. Department of JusticeExecutive Office for Immigration Review

Office of Planning, Analysis and TechnologyImmigration Courts

Asylum Statistics for MexicoFiscal Years 2009-2013

FY Received Granted Denied Abandoned

Withdrawn Other

2009 2490 56 336 630 1555 336

2010 3996 38 477 166 1447 410

2011 7425 92 1010 117 1312 387

2012 10542 113 1306 132 1735 1382

2013 8569 155 1566 201 2636 3008

Extortion

In law, unlawful demanding or receiving by an officer, in his official capacity, of any property or money not legally due to him. Examples include requesting and accepting fees in excess of those allowed to him by statute or arresting a person and, with corrupt motives, demanding money or property unlawfully under pretense of duty. The taking of money or property is generally an essential element of the crime.(The Columbia Encyclopedia, 6th Edition)

Extortion

In most states of the United States, extortion is more widely defined to include the obtaining of money or property of another by inducing his consent through wrongful use of fear, force or authority of office; BLACKMAIL, RANSOM, and THREAT of force are included under this definition.

(The Columbia Encyclopedia, 6th Edition)

Case StudiesCriminal extortion Conduct

Specific Act of Perceived Resistance

Authorized CrimeSymbolic Violent

Reaction

Holguin transportation company extorted in Juarez, Chih. (2008)

Refusal to pay bribes, Report to police/human rights orgPublic Denunciation

Union members and officers denounced extortion and called for state-wide strike; filed police reports; post-entry public denunciation as Mexicans in Exile

La Linea accused, not arrested; extortion continues

Buses burned; son murdered in restaurant

Porras family dairy farm extorted in Villa Ahumada, Chih (2012)

Refused to pay bribesPublic Denunciation

Refusal to pay bribes, public denunciation

Town controlled by La Linea (Mayor of town colludes with Chief of Police, who is 1st cousin and convicted murderer in U.S.)

Father murdered, son murdered next day at grave site

Gutierrez extorted by criminal elements in Chihuahua, Chihuahua (2011)

Refused to pay bribe, Public denunciation

Refused to pay bribe, post entry Pedaling for Justice campaign to denounce crime

To date no arrests Legs amputated

Chaidez family extorted in Juarez (body shop owners) (2009)

Refusal Refused to work for cartels

Sinaloa cartel assaults La Linea in Juarez, La Linea begins aggressive campaign of extortion to make up for loss of revenue

11 family members murdered

Case of Holguin Family

http://www.texasobserver.org/crumbling-under-corruption/

Case of Porras Family

http://latino.foxnews.com/latino/news/2012/06/24/mexico-family-20-crosses-into-texas-seeking-asylum-after-drug-cartel-murders/

Case of Carlos Gutierrez

http://www.elpasotimes.com/latestnews/ci_24272527/mexican-businessman-who-lost-feet-violence-going-bike

Case of Christian Chaidez

http://www.dallasnews.com/news/nationworld/mexico/20130709-in-rare-step-immigration-court-considers-extortion-as-a-factor-in-political-asylum-case.ece

Case of Christian Chaidez

http://www.khou.com/news/texas-news/Thousands-fleeing-violence-in-Mexico-seeking-asylum-US-215323311.html