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Derby man still hoping for immigration hearing

DERBY — The waiting game continues for a Derby man whose deportation to his native Guatemala, has been rescheduled for early June. The question today: How...
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DERBY -- The waiting game continues for a Derby man whose deportation to his native Guatemala, has been rescheduled for early June.

The question today: How, in his 25 years in the U.S., has he not taken the proper channels to earn the right to stay?

Luis Barrios and his family, which includes a wife and four children, are prepared for, but not looking forward to his new deportation date of June 6.

"Always we stay together," said Barrios. "For my family it's like if I leave it's like going to destroy my family."

But, why, in his 25 years in the country has he never sought citizenship? His attorney, Erin O'Neil-Baker, said her client has sought permanent residency or any type of status here in the United States.

"It's extremely difficult to get to citizenship," said O'Neil-Baker.

Barrios submitted an application for asylum in 1993, less than a year after entering the U.S.

"He fled to Guatemala because his life was in danger," said O'Neil-Baker. "His father had been murdered. Subsequently, his brother was murdered. Secondly, his wife's relatives were murdered."

Five years after he applied for asylum, he was finally given a hearing date before a judge.

"Unfortunately, his case was being transferred from the Boston court to the Hartford court and, in that switch, he also moved," his attorney said.

She said a change of address caused a mix up in where his notice was sent.

"His hearing was noticed for one day and he didn't get notice of it until the day after the hearing," O'Neil-Baker said.

That was 1998. Barrios popped back on immigration radar several years ago, when stopped for a broken tail light.

"God bless you everyone in this country, which opened the door for us," said a smiling Barrios. "Hopefully, we stay here for a long time."

O'Neil-Baker said she has handled many cases like this before and they typically do not end with the desired result.

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