Gay Mexican man granted asylum in US

Guardian.co.UK ^ | August 15, 2005 | David Teather

[Antioch]

A gay Mexican man with Aids has been granted asylum in the US after a judge ruled he would be in danger of persecution in his home country. The appeals court in San Francisco overturned earlier rulings in a case that has been closely watched by human rights campaigners. Jose Boer-Sedano, 45, has been fighting deportation for eight years. He entered the US on a six-month visa in 1990 and was discovered by immigration authorities in 1997. The three-judge panel said he would probably face abuse in Mexico because of his sexuality and would have difficulty in getting treatment for his medical condition. The judges said reports from the US state department have found that violence against homosexual people remains widespread in Mexico. Mr Boer-Sedano said he had fled to San Francisco after a local policeman in Tampico, Mexico, had forced him to perform sex acts under the threat of either killing or "outing" him.

[Antioch]

A perfect storm of a story for FR! Bad precedent here.... With this new winning strategy for immigration, there's going to be a heavy Tijuana blackmarket in Striesand and Madonna records.

[Fitzcarraldo]

Bring us your perverted and diseased masses! /sarc

[Prime Choice]

I guess that means we can expect a lot of gay pregnant women coming across the border ready to squirt out anchor babies.

Then they'll bring their Big Gay Families with them...

[purpleland]

Egads! Now America is a catch-all dump for homosexuals throughout the world who feel they are being persecuted by the "heterosexual dictatorship." !!! How about persecuted rapists, pornographers and child molesters too? Hillary needs their votes! The Democrat Party needs to expand their voting blocs.

[Antioch]

Actually there's more info at SFGate: Reversing rulings by immigration courts that ordered Jose Boer-Sedano deported to Mexico, the Ninth U.S. Circuit Court of Appeals said he had been a victim of persecution in his homeland and was likely to face further abuse, as well as a serious threat to his health, if he were sent back. Reports by the U.S. State Department have found that violence against gays remains widespread in Mexico, and Boer-Sedano would also have difficulty getting life-sustaining medication, the court said. The ruling is one of several by the San Francisco-based court in recent years granting refuge to gay or transgender applicants from Latin America based on evidence of abuse inflicted or condoned by police. "It really does mean that he'll be safe now,'' said Boer-Sedano's lawyer, Angela Bean. Boer-Sedano, now 45, works as a waiter and busboy at a San Francisco hotel. When she told him about the ruling, Bean said, Boer-Sedano was so overcome with emotion that he couldn't speak for a full minute. Boer-Sedano knew he was gay at age 7 and was ostracized by his family and friends in the town of Tampico in the eastern Mexico state of Tamaulipas, and he later was taunted and harassed by co-workers, the court said. He testified in immigration court that he and a friend were arrested in 1988 by a high-ranking police officer, who told them that they were held for being gay, even though that is not a crime in Mexico. The same officer stopped Boer-Sedano nine times over the next three months, drove him to a dark location and forced him to perform oral sex, the court said, quoting his testimony. Boer-Sedano said the officer threatened to reveal his homosexuality to others, talked about killing him and once put a bullet in his gun, spun the chamber and held the weapon to Boer-Sedano's head. Boer-Sedano moved to Monterrey, Mexico, stayed for a year, but left after lying about his homosexuality during a police raid. He came to San Francisco on a six-month visa in 1990 and was diagnosed with HIV in 1992 and later with AIDS. Deportation proceedings began in 1997. His asylum claim was denied by an immigration judge, who said Boer-Sedano had merely encountered a "personal problem'' with a police officer that did not amount to persecution, and that there was no evidence of systematic official persecution of gays in Mexico. But the appeals court said that the officer's assaults were clearly motivated by Boer-Sedano's homosexuality, and that his death threats constituted persecution by a government agent. The State Department reports show that abuse of gay men remains common, the three-judge panel said. Boer-Sedano would be in even greater peril, the court said, because AIDS patients face additional discrimination and hostility, and he presented evidence that the drugs he needs are unavailable in Mexico.

[Dane]

The ninth circus strikes again.

Rememeber some on FR with your new infatuation with bill richardson, he will appoint activist judges that are now on the ninth circus, all around the country.

[hsalaw]

In San Francisco, of course.

[dennisw]

America-- flop house for AIDS victims worldwide. This infected pest isn't the first to be allowed in. To suck off our social welfare and free medical for AIDS dudes.

[dennisw]

Anally
Inserted
Death
Sentence

[sgtbono2002]

Mexicans doing the jobs Americans dont want. Just waht we need, another queer waiter with aids in San Francisco.

[tkathy]

Millions of taxpayer dollars will go for his treatment.

[Da Mav]

Does this mean we will now pay for health care for any homosexual with AIDS that makes it illegally to the United States from any "non gay friendly" country?

Looks like open season on our wallets. We can barely pay for prescription drugs for seniors, many us have to pay cash out of pocket for health care, and now we have to pay for illegal aliens if they are homosexual and have AIDS? This stinks.

[Americanexpat]

A gay man with aids working as a waiter, handling other people's food? Can somebody tell me if this is putting the public at risk?

I know Panama has a lot of gays and I don't see them discriminated against. I am sure Mexico has more than its share of gays too. This guy was forced to have sex with a high ranking police officer? Was he a male prostitute?

And the judiciary wonders why they are being attacked.

[joesnuffy]

That would be more properly spelled 'ass sylum'?

[joesnuffy]

Insanity...for a judge (who is supposed to be protecting US citizens) to order that a diseased foreigner be given the privilige reserved for those who (have American values in their hearts) living and fighting to survive behind enemy lines...

Given to someone whose disease comes from sodomizing or being sodmized...one who will spread that disease and will do so as a lifestyle choice..

Giving sanctuary to someone whose values are an anathema to the America of our founders..is criminal

This judge should be arrested and jailed(along with about 90% of the other judges in America)

imo

[NASBWI]

"A gay man with aids working as a waiter, handling other people's food? Can somebody tell me if this is putting the public at risk?"

I would assume that as a waiter, he abides by the same rules on cleanliness as every other waiter. As long as his blood doesn't come into direct contact with yours, and as long as his fluids (more specifically semen - there isn't enough of the disease in saliva to really count) don't mingle with yours, then you're fine :). Simply having skin contact (whether direct or indirect) has absolutely no effect on you.

"This guy was forced to have sex with a high ranking police officer? Was he a male prostitute?"

Doubt it - prostitutes (male or female) are usually paid for their services, so forcing them to have sex (unless its part of their gig) seems a bit uncalled for.

[Brofholdonow]

An ass-et we could do without.

[raybbr]

The three-judge panel said he would probably face abuse in Mexico because of his sexuality ...

How can this happend in a country populated by such good Catholics? Aren't all mexicans peaceful, God-fearing Catholics that we are supposed to emulate?

[JarheadFromFlorida]

This liberal judge should be soley repsonsible for this man's medical bills, not the taxpaying public.

[waiver]

"How can this happend in a country populated by such good Catholics? Aren't all mexicans peaceful, God-fearing Catholics that we are supposed to emulate?"

I don't know about Southern Mexico, but in the North people is usually tolerant towards gays, they just ignore them. They even wear women clothes in the street and have beauty pageants.