Posted on 08/19/2008 5:45:52 AM PDT by IbJensen
SAN DIEGO—A transgendered Mexican woman who was granted asylum in the U.S. should be released immediately from the immigration jail while her case is under appeal, the American Civil Liberties Union said in a lawsuit filed Thursday.
The ACLU said Oscar "Diana" Santander should be released while the government appeals an immigration judge's ruling in May that granted Santander asylum because she would be at risk of torture if deported to Mexico.
Santander, 42, came to California illegally in 1994 but was deported in 2001 to Tijuana, Mexico, across the border from San Diego. Her attorneys claim she was held for 72 hours and forced by Mexican authorities police to perform oral sex.
She returned to the U.S. in 2004 and was arrested in Los Angeles in 2007 for trespassing and prostitution. Santander then applied for asylum protection as a transgendered person.
She has been in U.S. Immigration and Customs Enforcement custody since April 2007.
"In the absence of the torture and persecution she would not have a separate basis to stay here," said Bardis Vakili, a San Diego lawyer who assisted with Santander's asylum claim.
ICE said in its appeal of the asylum grant that Santander is not eligible for asylum because she was once jailed in Mexico for robbery and is therefore considered an aggravated felon. Her lawyers said she was not convicted of the crime.
"The government has appealed the case to the Board of Immigration Appeals and
"This individual will remain in custody until the case is resolved," said ICE spokeswoman Virginia Kice. The government has not challenged the judge's finding that Santander qualified for protection under the United Nations' Convention Against Torture.
Santander has raised money to post $1,800 bail while her case is considered, her attorneys said.
she was held for 72 hours and forced by Mexican authorities police to perform oral sex.
Sounds like this 'torture is just up the heshe's alley.
We need more of these poor disturbed people in our population. We've been getting entirely too many Mexicans who just want to rape, rob and murder.
She returned to the U.S. in 2004 and was arrested in Los Angeles in 2007 for trespassing and prostitution.
Okay, well, first, he isn't a she.
Second, if 'she' was arrested for prostitution, then I doubt very much if 'she' was forced to perform oral sex. 'She' was probably doing so for money and is just now claiming 'she' was forced in an effort to get out of the slammer.
I don't know all this, of course, but I find it hard to take the word of an illegal immigrant transgendered prostitute.
Free the San Diego One...er, Two...er, him.....no make that her!
Anyway set it free!
Bullseye.
The real story here is the ACLU’s continued effort to bring every derelict possible into this country in the hopes that social decay will destroy capitalism.
That’s about it.
doesn’t the A in ACLU stand for AMERICAN?
I think they might have to change their name...
That was the feds' first mistake. Start deporting these crooks to Chiapas or other parts of extreme southern Mexico.
There has to be a "doing the jobs Americans won't do" joke in there somewhere.
^ That may be true, but he’s still stealing jobs from San Franciscans.
ANTI-(a)merican
Someone please tell me this is from Scrappleface.
“Diana” must be getting one heck of a 5 o’clock shadow sitting in there.
At least she won’t have any anchor babies...
susie
ping
Pardon me, but isn't it the attorney that is causing the problem by calling Mexican authorities all homosexuals who want blow jobs from this trans person?
In addition, if this person was a prostitute already and was blowing people everywhere, what problem should this attorney have with this client doing what they already do regularly?
Maybe it would be better if this ACLU attorney sues in Mexican court for at least PAYMENT for the trans person and while there he can bring up again the homosexuality of Mexican authorities and see how that goes as well.
Just saying
More insanity. She should never have been given asylum.
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