Court Rules Cross-Dresser Can Stay in the U.S. on Asylum Claim
By DAVID STOUT
ASHINGTON, Aug. 25 -- A federal appeals court has ruled that a
gay Mexican man who dresses and acts like a woman is entitled to
asylum in the United States, expanding the circumstances that
immigration officials must consider when foreigners ask to stay
in the country.
The United States Court of Appeals for the Ninth Circuit, which
covers the Western part of the country, ruled on Thursday that
Geovanni Hern�ndez-Montiel should be granted asylum. A
three-judge panel sitting in Pasadena, Calif., unanimously
overruled an immigration judge and members of an immigration
appeals board, who had said he should be deported.
Mr. Hern�ndez-Montiel, who is in his early 20's, told of repeated
assaults and taunts by the Mexican police before he fled to the
United States in 1995. Testifying for Mr. Hern�ndez-Montiel, an
expert on Latin American history said gay men who dressed and
acted like women were often singled out for cruel treatment in
Mexico.
The Immigration and Naturalization Service has occasionally
granted asylum to foreigners who claimed they were persecuted
because of their sexual orientation.
But Mr. Hern�ndez-Montiel's lawyer, Robert S. Gerber of San
Diego, said he thought this case was the first in which an
appeals court held that sexual orientation could be grounds for
asylum because the applicant merits protection as a member of a
"particular social group."
The immigration agency has not decided whether to appeal, Bill
Strassberger, a spokesman, said today. But Mr. Strassberger said
the agency usually did not contest Circuit Court rulings unless
government lawyers thought the judges had committed a serious
error.
The term "particular social group" comes from United Nations
deliberations on the treatment of refugees and refers to those
who share common traits that have caused them to be persecuted.
These can range from fundamental characteristics like sex, color
and ethnic background to biographical details like military
service or land ownership.
Whether an asylum seeker is a member of such a group is decided
by immigration officials on a case-by-case basis. As the circuit
court judges noted, the definition of "particular social group"
is evolving. Generally speaking, the immigration agency says the
traits that constitute membership in a particular social group
must be ones that a person cannot change, or should not have to
change because they are fundamental to a sense of identity or
conscience.
"We conclude as a matter of law that gay men with female sexual
identities in Mexico constitute a 'particular social group,' "
the court ruled in a decision written by Judge A. Wallace
Tashima.
An immigration judge and appeals board had found Mr.
Hern�ndez-Montiel's account of ostracism by his family and
persecution by school officials, the Mexican police and ordinary
Mexicans to be sincere and credible.
But the judge and board rejected arguments that Mr.
Hern�ndez-Montiel was persecuted because of membership in a
particular group. They also were skeptical of his claims that his
traits were "immutable." Perhaps, it was suggested, he could just
dress differently.
Circuit court judges rejected that reasoning. "This case is about
sexual identity, not fashion," Judge Tashima wrote in the ruling,
in which he was joined by Judges Melvin Brunetti and William S.
Schwarzer.
=================================================================
Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF: <[EMAIL PROTECTED]>
*Mike Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~ <[EMAIL PROTECTED]>
The Best Way To Destroy Enemies Is To Change Them To Friends
Shalom, A Salaam Aleikum, and to all, A Good Day.
=================================================================
<A HREF="http://www.ctrl.org/">www.ctrl.org</A>
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance�not soap-boxing�please! These are
sordid matters and 'conspiracy theory'�with its many half-truths, mis-
directions and outright frauds�is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://peach.ease.lsoft.com/archives/ctrl.html
<A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of
[EMAIL PROTECTED]</A>
http:[EMAIL PROTECTED]/
<A HREF="http:[EMAIL PROTECTED]/">ctrl</A>
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
