WASHINGTON, D.C. — The American Immigration Council and the Consular Accountability Project filed a federal lawsuit Tuesday against the U.S. State Department on behalf of a Tennessee woman whose husband was denied a green card after embassy officials falsely accused him of gang ties based on a tattoo.
Daisy Rodriguez, a U.S. citizen and restaurant owner in Sweetwater, Tennessee, alleges consular officers at the U.S. Embassy in Guatemala City violated constitutional due process and federal regulations by branding her husband, Santos Maudilio Saucedo Rivas, a member of the “Barrio Azteca” gang—solely because of a tattoo bearing the letters “B.A.” The lawsuit, filed in the Eastern District of Tennessee, claims the embassy ignored extensive evidence disproving the allegation.
Key Claims in the Lawsuit
No Gang Ties: Barrio Azteca exclusively recruits Mexican nationals or Mexican-Americans with ties to El Paso, Texas, and Ciudad Juárez, Mexico. Saucedo Rivas is Guatemalan, has no criminal record, and has never visited Texas or Mexico.
Ignored Evidence: Rodriguez submitted sworn declarations from law enforcement and academic experts debunking the gang link, but consular officers dismissed the proof, allegedly telling Saucedo Rivas he “looked like a criminal.”
Family Separation: Saucedo Rivas, who entered the U.S. in 2006 and married Rodriguez in 2017, has been stranded in Guatemala since his December 2022 visa interview.
“A Terrible Mistake”
“My husband has been wrongfully accused,” Rodriguez said. “We followed the legal process, provided undeniable evidence of his innocence, and were still denied fairness.”
Eric Lee of the Consular Accountability Project accused the embassy of “prejudging” Saucedo Rivas, while Leslie Dellon of the American Immigration Council urged a review of the “injustice.”
The case highlights broader concerns about transparency in consular decisions affecting family-based immigration. Neal & Harwell, PLC serves as local counsel.
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