We're back and ready for the next case of the day.
We'll introduce it with this quote
from French writer, Francois Mauriac, which reads,
"It's so easy to build castles in the air,
but how dearly we pay when they're destroyed!"
Bring out the litigants.
Leaving one prison to go to another is like crushing
our son's dream.
He can't measure the extent of the consequences
because of his immaturity and his obsession.
Good afternoon and welcome.
-Good afternoon. -Good afternoon.
Juan, you're suing your wife Carolina, right?
Yes, that's right.
Tell me why you're suing her
and what you demand in order to settle this case.
I'm suing my wife because I need her to allow me
to travel to Venezuela with my son.
I need to renew his passport and his ID card.
If she won't authorize me to do this,
then I'd like you to grant me full custody of my son.
I'd have to grant you the divorce as well.
Well, if that's the only way.
I'll explain.
Go ahead.
My son's been playing soccer since he was 5.
He's incredibly talented.
My son's been seen
by coaches from the Milan club four different times,
twice in the US and twice in Venezuela
and all four times they've asked us to allow him
to join the club's youth academy in Italy.
Alright.
My son's passport expires in December
and the training he must attend is in January.
In Italy?
Yes.
If he doesn't renew his passport,
he can't leave the United States,
because my son doesn't have an ID card.
He can only get one in Venezuela.
You can't get one in the Venezuelan consulate here.
Alright, what's your migratory status here in the US?
We're political refugees.
Do you have asylum? Has it been granted?
No, not yet, it hasn't been granted.
That's what I say.
What if the asylum isn't granted?
We'll have to go back to Venezuela
and the child doesn't have an ID card.
We're not 100% safe in Italy either.
How so?
It's a sure bet he'll be accepted in Italy.
Ma'am, they've asked four times!
Four times!
Do you have it in writing?
Yes, I have the evidence here.
Let me take a look, please.
Here.
So you're convinced your son has a future...
Well, this is his passport.
It's about to expire. It expires in December.
Naturally, you can only renew it in Venezuela, right?
Yes, only in Venezuela.
Alright, and this is the letter in Italian and in Spanish.
"Technical Staff, Inter Youth Sector,
F.C. Internazionale Milano."
He's got a good chance.
"I'm happy to inform you
that we've been following Ronaldo's case
in Venezuela and then in the US.
After much consideration from our coaching staff
and our talent scouts, we've determined
that your son has great potential to be a part
of this institution starting in its Youth Sector
so he can become a part of our team."
Alright.
He's very good.
Alright.
Would these people help you find a job and everything?
Everything.
Once the child is selected, we'll get Italian residency
as soon as we get there.
The only way the child can play in Italy is if he has residency.
Furthermore, they've guaranteed jobs for my wife and me.
You're just obsessed with soccer.
Then what's the downside?
You must've analyzed the pros and cons
of going ahead with this.
Tell me something that would put a damper on these plans.
Ma'am, the only downside would be
that once we leave the US, we'd lose the political asylum.
But I don't care about that right now.
I'm just interested in making my son's dream
of being a professional player come true.
We can make it happen if he can play in Italy.
You'd end up living in Italy as well.
Yes, we'd get a residency and we'd even get jobs.
How old is the child?
He's 11.
11, so he's young.
Alright, and you're even willing to get a divorce?
Ma'am, I love my wife and my family, but...
I understand, but is this your only son?
No, ma'am, we have three kids.
He forgot about them. He only thinks about one.
No, I've always cared for my children and for you.
How do you respond?
I don't agree with this.
We left our country and asked for political asylum.
We're political refugees.
His brother was murdered.
I brought a copy of the article reporting his brother's death
after he was kidnapped.
Let me see.
I also brought our asylum documents.
Here you go.
Alright, it's on screen.
"Following long search, Rafael Hernandez, who was kidnapped
on Wednesday, May 6th, found dead."
This was in 2014.
Yes.
Your brother was murdered.
He knows that we came here
because we're political refugees.
I'm not going back to Venezuela.
I'm afraid that he and my son might be in danger
when they get there.
We'd still have to go back if we're not granted asylum.
Well, you must have an idea
of whether you'll be granted asylum or not.
Your lawyer must've told you what your chances were.
He can't guarantee it, but he should be telling you
whether the case looks like it's going well or...
Yes, but my son will not have the same opportunities here.
Alright, so your first concern is that if you leave,
you'll lose the asylum and then you'll be back in Venezuela,
where you've been persecuted
and where his brother was killed.
What else?
What's worse is that we applied for asylum as a family,
but he's the priority.
If he leaves the US, the rest of us lose the asylum.
I don't want to do this
because I want my children to have a future.
I don't have just one child. I have three.
My son is an excellent soccer player and I believe in him.
He's playing here in the US
and he has chances here too.
He doesn't necessarily need to leave
everything we've built these past two years to go to Milan.
The best schools are over there.
I don't agree with this
and I won't authorize him to go to Venezuela.
I won't. My life is in danger as well.
Alright, what are the risks... let's say I grant...
why is the child's passport expired?
Would that affect his chances to get political asylum here?
Yes.
The thing is that when we left Venezuela two years ago,
he was already nine years old, so he should've had an ID card.
We went on three separate occasions,
but given the current state of the country, we couldn't do it.
The days went by and we eventually had to leave.
We couldn't get him the ID card.
At that point we had no idea
that we couldn't renew his passport without the ID card.
Now we have this problem.
We went to the consulate
thinking that we could fix the issue over here, but we can't.
What's worse is that my son won't have a passport.
Which means he won't be able to leave the US in the future.
We're leaving one prison and moving to another one.
What would happen if you went to Venezuela to get his ID?
Would you have a problem leaving Venezuela?
It's not just leaving. It's also getting there.
I don't want to go there.
I'm scared of what might happen.
We left because we're persecuted.
Yes, I understand that part, but let's say you get there
and no one notices.
Would you have a problem leaving?
-No, not at all. -No, we wouldn't.
However, he'd move to Italy
and we'd have to start all over again.
I'd have to move with my other kids
and we'd have to adapt to another country.
Another environment and in another language
and you don't want that.
Yes, but the kids are still small.
They can adapt. We'll get a lot, even a job.
What are the ages of the other kids?
One's 3 and the other's 7.
So they're 11, 7 and 3, right?
Yes.
Alright, who has witnesses?
We both do.
Both?
Ma'am, I'd like to add that she's being selfish.
We don't have any guarantees that we'll get asylum here.
It's not a certainty.
The offer in Italy is certain.
I'm not selfish. He's crazy...
Hasn't your lawyer told you
if you have a good chance of the asylum being granted?
The thing is that we've only been here for two years
and we're still waiting.
The waiting period takes about three to four years.
They're giving us everything over there, but not here.
But his obsession is madness.
He'll pick up our son from school with a ball in hand.
He won't let him rest.
He'll make him practice in the middle of the night.
That's what the greats do.
He's always telling him to play and he's even put him on diet.
Are you a coach?
I played soccer and I've trained kids in little league.
He won't let him play with other kids
so he doesn't injure himself.
It's madness.
Now if he's not willing to budge and see reason,
then I'll countersue and ask for a divorce as well.
I want full custody of my son.
Alright, let's bring out the plaintiff's witness.
I understand everything you're saying, but I also understand
the changes you're continuously facing.
Yes, but it's the opportunity of a lifetime.
Now, this letter doesn't say...
I wish I could talk to the Italians.
What if the child goes and things don't work out?
What if he doesn't do well and he's released?
What would happen to your jobs and your residency?
He'll do well.
I'm sorry.
He's a star!
Juan, I'm very optimistic,
but I'm not a magician nor clairvoyant.
I can't see the future.
I don't know what's going to happen and neither do you.
I'm sorry.
Yes, ma'am, but I have faith...
-Good afternoon. -Good afternoon.
Your name?
My name's Francis Hernandez and I am Juan's mother.
I'm here on his behalf to ask you to please intervene
so you can convince my daughter-in-law to authorize
my grandson to go to Venezuela.
We don't want to crush his dreams.
I'm honestly telling you he's an excellent player.
No matter where we take him, everyone always admires him.
Alright.
Let's bring out the defendant's witness.
-Good afternoon. -Good afternoon.
Your name?
My name is Yenny Gonzalez.
You're here on behalf of the defendant.
Yes, I'm her sister.
Oh, okay, what have you come to testify?
I'm here to testify how my sister has worked hard
ever since she came to this country that opened its doors
when we had to leave Venezuela.
We're political refugees.
We've had to start over. She's sacrificed a lot.
They both have. Then there's the three kids.
Now my brother-in-law wants to leave everything again
to go to Milan.
But that's not the only thing...
Yenny, it's not just that...
Wait! Let Yenny talk.
It's the risk of going back to Venezuela.
You're a lot more worried about the little trip to Venezuela
than the move to Italy, right?
I think there are two elements.
There's the risk of going back to Venezuela
when you're a political refugee.
Then there's the element of starting over again
in something that's only 80% certain.
There's only an 80% chance
that they'll get the residency in Italy.
He's got a good chance.
He was chosen from thousands of kids.
Wait a second!
What were you going to say about the residency in Italy?
It's not absolutely certain. He can excel here in the US.
He doesn't have the same possibilities here.
Why not?
Because it's not the same school.
Besides, they're giving me the residency in Italy.
Here, they haven't told me to leave my kid here
and they'll give me the residency.
I was offered that in Italy.
You've got stability here.
What stability?
What will we do if we're denied asylum?
There's no stability.
We're in the midst of the process, Yenny.
That's right.
If we're denied asylum, we're returned to Venezuela.
Well, the child would get residency, right?
If we're denied asylum, we're returned to Venezuela.
Again with the same thing.
-Yes. -Yes.
Do I have your permission to meet him?
Yes.
Yes?
Alright, let's bring out the child.
What his name?
Ronaldo.
Oh! He has a soccer player's name.
Hi, Ronaldo. How's it going?
I'm well.
-Yeah? -Yes.
Well, you know that this case is all about you, right?
-Yes. -Yes?
Yes.
Tell me, how long have you been interested in soccer?
Since I was 5 years old, ma'am. I love it.
You love it?
Yes.
When did you start playing? When you were 5?
Yes.
When did you realize you were better than most kids?
When the coaches told me that I was really good
and that they wanted me to go to Italy.
That's when I realized I have what it takes to make it
and be a professional.
Why Italy?
Why don't you want to stay in the US?
Interest in soccer has been growing exponentially
in the past few years here.
We're very serious about it.
Right now,
they're going to build a soccer stadium in Miami.
There's a lot of support.
A lot of teams are being formed.
It's very serious.
Why don't you want to stay here?
My chances are better in Italy
because the players I admire are over there.
Besides, in my opinion, the teams over there are better.
-So you'd rather go to Italy? -Yes.
Do you speak Italian?
No.
Well, that's a problem.
He learned English so he can learn Italian.
Alright, let's bring out Dr. Lizette Sierra.
Let's analyze this situation
in terms of their immigration issues.
Let's try to find a solution.
Hello.
We've got quite a problem.
Yes, that's true.
Alright, tell me.
I've been insisting that the lawyer that's representing them
in regards to their political asylum case can tell them
whether things look promising or not, right?
Yes, that's true.
A waiting period of two years is absolutely normal,
because we have way too many cases.
Has the asylum been granted?
No, not yet.
So they don't have that yet.
Yes, but I'd like to explain one more thing.
If he doesn't have an ID card, he can't get a passport.
Even if we're given asylum, he won't be able to leave the US.
We're leaving a prison to go to another one.
Really?
That's true.
So even if he were to get asylum,
the child would have to go to Venezuela to get his ID card?
Or he'd have to wait five years to become an American citizen.
Only then would he be able to travel
with an American passport.
That's right.
Now, the defendant is right.
If they get a divorce and we break the family apart,
then she'll be vulnerable.
She can argue that she was his wife
and their kids are part of the family
so they'd be at risk of persecution as well
so she'd possibly get the asylum,
but it'd be a lot harder for her.
She'd reapply and it'd also take a lot longer.
They'd all be affected.
Plus, if he leaves and things don't pan out in Italy,
he won't be able to come back here.
The entry's been denied.
Are you listening to this?
Yes, I am.
Look, I see that you're very sure of this, but...
Ma'am, other children have had the chance.
Why won't my son get it
when he's been offered this four times?
It's a risk.
Think about your other kids.
You have three kids.
Yes, Dr. Sierra?
One more thing.
Let's say that the process is abandoned
and they reapply and he goes back to Venezuela
and nothing happens to him.
That would make her case and the other kids' harder.
-Obviously, there's no danger. -Did you hear that?
That's one thing.
There's also the possibility that they go back and get hurt.
That's what I'm saying. They're in danger.
Losing the asylum doesn't worry me as much
as them getting hurt.
Alright, sweetie, come here. Let me see you play.
Let's see.
Go ahead.
You see? You need to see him play.
The people in the audience who think the child should leave,
please raise your hands.
One, two, three, four, five, six people.
Safety is a lot more important than dreams.
Certain safety is here.
Dreams, however, are up in the air.
My ruling.
I believe in dreams so much.
I know that when a human being has a dream
and he or she knows he or she can do it,
the dream doesn't happen when you want it,
it happens when God wants it to happen.
I know that because I experienced it myself.
I was very talented when I was 11.
I could do a lot of things on TV.
I could dance, sing, and this and that.
My dreams of studying drama were shattered.
My parents didn't think things over,
but my dream still came true.
If the club wants you now when you're 11,
they'll want you when you're 12, 15, 14 and 16,
but your safety and your family's
is what matters most to me.
I deny your claim.
I wish you happiness and safety.
It's final. Case closed!
Be kind, be careful, get educated,
give respect to get respect, and may God help us!
See you next time and thanks!
CC: TELEMUNDO NETWORK CAPTIONING@TELEMUNDO.COM (305) 887-3060
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