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2 deaf and mute brothers battle removal from Ohio to Ecuador in unusual asylum case

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CLEVELAND — Two brothers are fighting in immigration court to remain in the U.S. after fleeing persecution in Mexico. Both are deaf and mute, and they fear what would happen if they were sent back home or, in this case, to a different country.

They communicate in a language unlike any other. It isn’t recognized in society; instead, it’s a unique mix of gestures and pictures.

“They don’t speak English sign language or Spanish sign language; they developed their own organic language to communicate with their mother and their brother,” said Pastor Julie Contreras with United Giving Hope.

Doctors say the brothers, Manuel and Juan Carlos Trejo Garcia, were born deaf and mute, which is extremely rare.

“Yes, it's a very small percentage. I mean, well, less than 1%,” said ear, nose and throat surgeon Dr. Steven Trey Fyfe.

We spoke to the brothers through Contreras, who translated for them. She explained that Manuel, the older brother, is 27, and Juan Carlos, the younger, is 21—and that they are always together.

Right now, they’re worried about being detained and deported by ICE. Their story begins in Mexico, where the brothers say they were kidnapped by a cartel.

“When the cartel saw that they couldn’t communicate with them, they beat them, and they left them for dead,” Contreras said.

Desperate to save them, their mother reached out to United Giving Hope. Contreras is part of that group and worked with Homeland Security, presenting the brothers’ situation as a humanitarian cause, which allowed them to secure appointments.

“They did not cross the border illegally. They presented themselves to U.S. Customs and Border Protection with documentation and requesting asylum, because they are deaf and mute,” Contreras said.

In March 2024, they were granted entry into the U.S., given a court date, and later received work permits. They settled in Cincinnati, working on parks and baseball fields.

Nearly a year later—with no issues with the law—they received a letter called a “pretermit,” placing them in removal proceedings and indicating they could be sent to Ecuador.

To better understand what a pretermit is, we spoke with Aleksander Cuic, director of the Immigration Clinic at Case Western Reserve University.

“It’s a filing by the Department of Homeland Security in removal proceedings where they're essentially saying that the application that the respondent or the foreign national is seeking, they're not eligible for it anymore, and so we’re essentially kind of cutting it off before we get to the trial stage,” Cuic said.

He also explained how two brothers from Mexico seeking asylum in the U.S. could be removed to Ecuador.

“So what the Trump administration has done is essentially gotten agreements with certain countries. So, for Central America, it's Ecuador, Honduras, Guatemala, and essentially those countries will say, 'Oh, we will take your asylum seekers, and then we will let them seek asylum in our country,'” Cuic said.

Cuic added that the practice is legal. We followed up by asking whether it eliminates due process.

“To a degree, it is right, but the government's position is they're thinking, 'Hey, a refugee or someone seeking asylum, they can't go back to their country. Well, there are other countries you can go to. We're going to send you there, and you can be protected there,'” Cuic said.

News 5 reached out to Homeland Security about their case. It responded with this statement:

“On March 9, 2024, Manuel Trejo Garcia and Juan carols Trejo Garcia, were released into the US the Biden administration abused its authority to allow millions of illegal aliens into the US and fueled the worst border crisis in US history. They were placed in removal proceedings. All of their claims will be heard before an immigration judge, and they will receive full due process.”

The department also encouraged the brothers to “self-deport.”

For these brothers, their fear is undeniable.

“The cartels in Mexico are demonic. They're the real criminals, and for me, I do not want the United States of America to lose her humanity,” Contreras said.

There is also another reason they hope to stay: A chance to hear and speak.

“There is something to be done called cochlear implants, where you put a little device behind the ear, you drill out the bone in the cochlea,” Fyfe said. “Well, if they could get a cochlear implant, they could hear him. One of them wants to be a truck driver. He could do that.”

The brothers hope the nation that once gave them refuge will choose to spare their lives.

They are scheduled to appear before an immigration judge on March 27—but only after undergoing a competency evaluation. Because they communicate in their own unique language, the court must first ensure they understand the proceedings.

Nadeen Abusada is a Cuyahoga County and immigration reporter at News 5 Cleveland. Follow her on Instagram NadeenAbusada or email her at Nadeen.Abusada@wews.com.