IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

__________________________________________
Ángel Alejandro Heredia Mons et al. )
)
Plaintiffs, )
v. ) Civ. No.: 1:19-cv-01593
)
Kevin K. McALEENAN et al. )
)
Defendants/Respondents. )
__________________________________________)

DECLARATION OF O.M.H.
I, O.M.H., declare under penalty of perjury that the following is true and correct to the best of my

knowledge:

1. I am a 32-year-old asylum seeker and political dissident from Venezuela. I am HIV-

positive and suffer from Hepatitis C. I am currently detained at the LaSalle Detention

Facility in Jena, Louisiana. I was transferred here yesterday from Richwood Correctional

Center (“Richwood”) in Monroe, LA where I was detained since July 2019. I am a native

Spanish speaker.

Synopsis of Past Persecution

2. In Venezuela I worked for the government. I was threatened by paramilitary officers known

as colectivos because I refused to comply with government orders that were against my

moral compass and political opinion. They wanted me to report against a small town for

establishing their own rations, sharing food and other necessities, outside of the

government’s parameters. I refused.

 3. In or about November 2018, five (5) armed colectivos came to my home and threatened

my life in front of my family. They pointed guns at me in front of my mother and told me

if I did not follow their orders, they would kill me. The very next day I fled to Colombia.

Journey to the United States

4. Life was difficult in Colombia as I endured a lot of xenophobia and had no path to status.

I decided to seek asylum in the United States (“US”). I arrived in Reynosa, Mexico in or

about May 2019. I presented myself at the Hidalgo, Texas port of entry and informed US

border authorities I was requesting asylum. They took my Venezuelan passport and

national photo-identity card and placed me in the custody of Immigration and Customs

Enforcement (“ICE”).

Frustration of Access to Parole

5. I was first detained at the El Valle Detention Facility in Raymondville, Texas. I was held

there for about eight (8) days until I was transferred to the Tallahatchie County

Correctional Facility (“Tallahatchie”) in Mississippi. I was held in Tallahatchie for about

twenty-six (26) days. In Tallahatchie I was provided a credible fear interview and quickly

informed of the positive determination. Soon thereafter I was denied release on parole

without having applied for it. The denial letter checked off a box indicating that ICE

determined me to be a flight risk. No added explanation was included in the letter to

demonstrate how or why ICE made this determination.

6. On or about July 3, 2019 I was transferred to Richwood. While detained at Richwood, I

secured legal representation. Recently my attorney helped me to prepare an extensive

parole packet, exceeding one hundred (100) pages in length. My proposed sponsor is a

long-time friend and US citizen residing in Texas. The packet included the following
 documentary evidence: my clean criminal record, an affidavit from my proposed sponsor,

additional letters of support, evidence of my sponsor’s US citizenship, copies of his tax

returns, copies of his bills, his housing information, evidence that my brother, who is

pursuing asylum in the non-detained setting, is paying taxes and attending his hearings;

and evidence my medical conditions.

7. My immigration attorney filed the parole request on my behalf on or about March 26, 2020.

The next day I was transferred to LaSalle with no explanation. I believe this was done to

avoid adjudicating my parole request.

Conditions of Confinement

8. Neither here at LaSalle nor at Richwood are precautions being taken in light of coronavirus.

The officers do not provide us any education or information related to COVID-19. Despite

the governor of Louisiana declaring a state of emergency, they do not wear masks or

gloves. They do not provide disinfectant.

9. My time in ICE custody has been very difficult to endure, particularly given my medical

conditions. I was not provided medication to treat my illnesses until about January 2020. I

have had many visits with psychologists because of insomnia and depression as a result of

my heightened anxiety regarding my health under these prolonged conditions of

confinement. If anyone gets sick around me, I could die. I am living in fear.

10. In Richwood, my dorm held one hundred (100) men at any given time. We were forced to

share four (4) toilets, four (4) sinks, and five (5) showers. The food was awful and made

me sick. A crucial part of staying well while living with HIV is eating plenty of healthy

food to keep my immune system as strong as possible. This has been impossible. I have

suffered from stomach ailments throughout my ICE incarceration.

 11. During the months of November 2019, December 2019 and January 2020, I suffered

serious illness. I lost a lot of weight very quickly and had flu-like symptoms, including

fever. In Richwood, the medical unit does not have major medical equipment or beds for

patients. The only thing that staff in the medical unit do for you is give you pills, like

ibuprofen. They do not properly conduct check-ups, such as tracking vital signs and taking

blood samples. To my knowledge, it is not staffed with any doctors and it is generally not

staffed overnight.

12. Despite the threat of coronavirus, the overcrowded dorms and the poor conditions, ICE was

transferring more and more men to Richwood. Additionally, ICE officers simply stopped

visiting us at all. They would not accept our parole requests and they would not provide us

information. At least half of the population at Richwood engaged in protest in the form of

hunger strikes due to these issues. In or about December 2019, officers stormed two of the

dorms at Richwood in riot gear. They sprayed tear gas and shot rubber bullets at the men

as retaliation against their peaceful strikes.

Plans if Granted Release on Parole

13. Should I be released from detention, I plan to live in my sponsor’s home in Texas and self-

quarantine in order to protect my life and health. I plan to rely on him for financial and

emotional support so that I can seek medical care and continue to fight my asylum case

before the non-detained court. I only hope that I am released before the situation in

Louisiana presents an acute threat to my life.

 DECLARATION OF O.M.H.

I, Otto Matos Hernandez, am the individual referred to as O.M.H. in the attached

declaration. I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.

I have authorized my legal counsel in the Heredia Mons litigation to sign on my behalf
given the difficulty of arranging visitation and travel in light of the current COVID-19 pandemic.
I am also foregoing the option to sign documents sent by mail due to the urgency of the COVID-
19 situation and due to reasonable fear of destruction of mail or retaliation by officials at this
facility. If required to do so, I will provide a signature when I am able.

_________________________________________ Date: March 28, 2020

Michelle P. Gonzalez, Esq.
On behalf of witness Otto Jesus Matos Hernandez
 CERTIFICATION

I, Michelle P. Gonzalez, declare that I am proficient in the English and Spanish

languages. On March 28, 2020, I read the foregoing declaration and orally translated it faithfully

and accurately into Spanish over a telephonic call with the declarant. After I completed

translating the declaration, the declarant verified that the contents of the foregoing declaration

are true and accurate.

I declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct.

Executed on March 28, 2020

Signature