Victim of smuggler's negligence may get visa

A year ago, Ronal Orosco was wandering through a South Texas ranch, waiting to die.

He and his brother paid a smuggler to take them from the U.S.-Mexico border to Houston. But the smuggler abandoned them outside of Falfurrias without food or water.

"We walked through the night looking for a road, for anything," he said. "But all we saw were lights in the distance."

The brothers walked in 95-degree heat for three days without food or water. On the third day, Ronal's brother collapsed. He died soon after. Then the Border Patrol found them.

Ronal now says he has information that could jumpstart a federal investigation: the names and locations of human smugglers who left more than 10 men to die. That information likely would qualify Ronal for a U visa - or the "interim relief" that preceded the visa - available to victims of violent crimes who can aid in criminal investigations.

Before U.S. Citizenship and Immigration Services (CIS) can review his application, Ronal must get a signature from an agent involved in the investigation of his smugglers.

The Immigration and Customs Enforcement (ICE) official assigned to his case, Eduardo Lozano, refused to sign his petition for a visa, leaving his legal status in question. Lozano could not be reached for comment.

What makes Orosco's case peculiar is that a number of individuals in his same circumstance - victims of nearly identical human smuggling abuses - have succeeded in acquiring relief under the U visa law.

Angela Viramontes, a supervising attorney at the Center for Human Rights and Constitutional Law in Los Angeles, represents several such cases.

"CIS has not provided guidance to explain when petitions should and shouldn't be signed," Viramontes said. "There are different interpretations within different departments."

The lack of oversight has resulted in a double standard: Victims of the same crimes are afforded different treatment under the U visa law.

In October 2007, Orosco and his attorney, Marlene Dougherty of Brownsville, sued Lozano and ICE.

"Since this case is still before federal court," said Nina Pruneda, an ICE spokesperson, "we are not in a position to comment at this time until the case has been disposed of."

Orosco's lawsuit is one of several pending against agents who refuse to sign U visa petitions. To remedy the problem, CIS is now working to inform agencies about their role in the visa application process.

"We're conducting nationwide outreach with individual police officers, victim witness coordinators and management authorities at a number of law enforcement agencies," said Sharon Rummery, a CIS spokesperson.

But as of now, there is no mechanism to ensure uniformity among those who can grant, or deny, U visas.

"I've given the names and information of the men who did this to us," Orosco said. "I don't think it's the first time they've left people to die. Now I just have to hope this will resolve itself."