If you have tattoos and are in the process of applying for your US visa from a Central American country, then this topic interests you.

It happens to a Salvadoran named Luis Asencio Cordero. He was denied residency after claiming he had “gang tattoos,” and his case has drawn the attention of the Biden administration, which appealed an appeals court decision.

The case was transferred to the United States Supreme Court and if accepted, it would set an important precedent in that country’s immigration jurisprudence, Noticias Telemundo reported.

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The Salvadoran tattoos

Luis Asencio Cordero was undocumented and married Sandra Muñoz in 2010. His wife is a lawyer and American citizen.

They applied for their residence permits and traveled to El Salvador to attend the consular interview. At the medical examination, Noticias Telemundo noted: “Luis showed the tattoos he got when he was a teenager.”

Between the tattoos There is a Virgin of Guadalupe, some theater masks and the image of Sigmund Freud.

The Salvadoran’s request was denied without explanation. At the end of 2018, they were proven right: the refusal was because of their tattoos, according to the couple’s lawyer, Eric Lee.

Sandra Muñoz has been divorced from her husband for ten years. He told Noticias Telemundo that he feels frustration.

“She does not understand how the laws do not allow her to challenge the decision of immigration authorities that separated her from her husband,” the outlet added.

His partner’s application for residency was rejected, on the grounds that his tattoos come from Salvadoran maras (gang members).

‘My husband is not a gang member’ says Sandra Muñoz.

Luis Asencio Cordero has no criminal record or connection to any gang member

Eric Lee, attorney for the spouses

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Justice

His case has raised high expectations and is currently before the Supreme Court since the Biden administration sought review of the Ninth Circuit Court of Appeals decision that ruled in 2022 that Muñoz’s constitutional and marital rights had been violated. .

In its petition to the Supreme Court, the Biden administration argues that an immigrant has no constitutional rights when applying for a visa

While the Ninth Circuit Court noted that a U.S. citizen has the right to have her husband’s application reviewed.

On Telemundo they emphasized that the government is being defiant because it conflicts with its authority. If the Supreme Court takes up the case, it would have a direct impact on the discretion of the consular authorities.

For lawyer Alma Rosa Nieto, such broad discretion “needs limits and definition and must be capable of being revised.”

“I hope and pray that the Supreme Court does not accept the case and that the Court of Appeals ruling stands,” Muñoz said.

For Lee it is a very ‘dangerous’ situation because they can deny the rights of my clients, and they can do the same to millions of people.”

It will be known next spring what position the Supreme Court will take, according to the news network.

Muñoz describes himself during this long wait with disappointment, despair and frustration. And she emphasizes: “My husband is not a gang member.”

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(JO)