In the Matter of Fritz Desir v. David N. Ilchert, District Director, Immigration & Naturalization Service

We examine whether beatings, imprisonment, and assaults by government security forces for the purpose of extortion may constitute persecution on account of political opinion within the meaning of sections 101(a)(42)(A) and 243(h)(1) of the Immigration and Nationality Act (the Act). Because we answer in the affirmative, we reverse the district court’s denial of an alien’s petition for a writ of habeas corpus.

I

Fritz Desir, a citizen and native of Haiti, was detained in Miami on September 11, 1981 and placed in exclusion proceedings under section 212(a)(20) of the Act, 8 U.S.C. § 1182 (a)(20) (1982). Desir had fled Haiti aboard a boat which was towed into Miami by the United States Coast Guard. Desir had supported himself in Haiti by fishing and by selling curios to tourists in Port-au-Prince. In exchange for the right to fish in certain waters, Desir was expected to pay bribes to the Haitian security forces known as the Ton Ton Macoutes. Desir introduced expert testimony and documentary evidence to the effect that the Haitian government operated as a “kleptocracy,” or government by thievery, enforced by the Ton Ton Macoutes’ terrorizing and extortion of powerless citizens.…