US embassy cable - 03THEHAGUE1677

C O N F I D E N T I A L THE HAGUE 001677 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CCA, PRM/A, EUR/UBI. 
 
E.O. 12958: DECL: 06/27/2013 
TAGS: CU, NL, PHUM, PREL, PREF, PGOV 
SUBJECT: UPDATE ON DUTCH DEPORTATION OF CUBAN ASYLUM 
APPLICANT ON JUNE 30 
 
REF: THE HAGUE 01627 
 
Classified By: Political Counselor Mary E. Daly for reasons 1.5 (b) and 
 (d). 
 
1. (U) This is an action request. See para 6. 
 
2. (C) In discussions with the attorney, Mw. mr. W.M. Hompe, 
who is representing Cuban asylum applicant Jose Manuel Vargas 
Martin, PolOff was informed that no appeal had been filed 
after the original denial of asylum.  Vargas Martin was 
represented by a different counsel during the initial asylum 
hearing, and Hompe does not know the reasons the other 
counsel did not file an appeal.  Hompe said that during the 
asylum hearing, Vargas Martin based his asylum claim 
primarily on the economic conditions in Cuba and only talked 
of his possible detention in Cuba after he was told he would 
be deported to Cuba if he were denied asylum.  Since no 
appeal was filed, under the Dutch Aliens Act, Vargas Martin 
is obliged to leave the country. 
 
3. (C) In a letter dated June 25, the Dutch Immigration and 
Naturalization Service (IND) informed Hompe that they had 
instructed Vargas Martin to surrender his passport to prepare 
for deportation proceedings.  Vargas Martin's relatives had 
requested that he be allowed to travel independently to 
either Costa Rica or the United States.  The IND said that 
was not possible unless he received a valid visa and a letter 
of confirmation that the third country would allow him entry. 
 Such documents must be submitted to the IND by July 1 or he 
will be deported to Cuba. 
 
4. (C)  Vargas Martin, who is married to a Lebanese woman, 
was in transit from Lebanon to Cuba when he requested asylum 
in The Netherlands.  Vargas Martin's wife returned to Cuba 
and did not apply for asylum.  Hompe requested that IND allow 
Vargas Martin to travel to Lebanon upon deportation; however, 
the IND said that since he did not have the proper travel 
documents to return to Lebanon, they must deny his request. 
 
5.  (C) Vargas Martin has an aunt living in Miami who is 
coordinating his visa requests.  He is waiting for a response 
to his request for a visa to Costa Rica.  He also has family 
in the Dominican Republic and may try to obtain a visa there. 
 At least two members of Vargas Martin's family in the United 
States have requested assistance from various USG and other 
government officials, resulting in numerous letters and phone 
calls requesting intervention to prevent his deportation to 
Cuba. 
 
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ACTION REQUEST 
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6. (C) According to Hompe, the only option available to 
Vargas Martin to avoid deportation on either June 30 or July 
1, is to request another delay of his deportation by COB June 
27.  She said that such a request from her would likely fail, 
but one from the USG would have a better chance of 
succeeding.  Embassy The Hague requests immediate guidance on 
this case as to whether we should approach the Dutch 
authorities to request another delay of his deportation. 
Please also advise what, if any, alternative recourse may be 
available in the United States. 
SOBEL