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SF appeals court says gay Mexican man is eligible for asylum
AP ^ | 8/13/5

Posted on 08/13/2005 12:10:55 PM PDT by SmithL

SAN FRANCISCO - A federal appeals court has ruled that an AIDS-afflicted gay man who fled Mexico because he feared persecution is eligible for political asylum in the United States.

Friday's decision by the San Francisco-based Ninth U.S. Circuit Court of Appeals reverses rulings by immigration courts that ordered the deportation of Jose Boer-Sedano, who claimed a police officer in Mexico had forced him to perform sex acts under threat of being outed or killed.

The three-judge panel said Boer-Sedano, 45, would likely face further abuse and have difficulty getting life-sustaining AIDS medication if he were sent back to Mexico, where the U.S. State Department has found that violence against gays is widespread.

The ruling is the latest by the San Francisco-based court in which it has granted refuge to gay or transgender asylum 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, who said her client was overcome with emotion when he heard the news.

Boer-Sedano, who now works as a waiter and busboy at a San Francisco hotel, was ostracized by family and friends in the town of Tampico in the eastern Mexico state of Tamaulipas, and was later harassed by co-workers because of his homosexuality, the court said.

Boer-Sedano said in the late 1980s a high-ranking officer stopped him nine times over three months and forced him to perform oral sex. The officer threatened to expose his homosexuality, talked about killing him and once held a gun to his head.

Boer-Sedano came to San Francisco on a six-month visa in 1990, and his deportation proceedings began seven years later. An immigration judge denied his asylum claim, saying his encounters with the officer didn't amount to persecution.

But the appeals court ruled Friday that the assaults were clearly motivated by Boer-Sedano's homosexuality, and that the death threats constituted persecution by a government agent.


TOPICS: Mexico; News/Current Events; US: California
KEYWORDS: 9thcircuit; asylum; boersedano; homosexualagenda; illegal; immigration; joseboersedano; ninthcircuit; ruling; sanfrancisco
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To: TruthShallSetYouFree
I think they're called maricon in ol' Mexico.
21 posted on 08/13/2005 12:39:58 PM PDT by La Enchiladita (Remembering our Heroes today and every day.)
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To: TruthShallSetYouFree

Too funny Truthy!


22 posted on 08/13/2005 12:41:05 PM PDT by secret garden (Summertime, summertime, sum-sum-summertime)
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To: walden
Actually you can use Google as there are hundred of links like this link from Columbia University, a credible source. I put that link in there because endemic has more than four letters in it and that way the open border crowd on FR can figure out what it means.
23 posted on 08/13/2005 12:41:57 PM PDT by atomic_dog
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To: Moose4

I've seen an increase of the Chinese lesbian population in parts of Los Angeles; prolly thinking they can be more "out" here in the U.S.


24 posted on 08/13/2005 12:42:08 PM PDT by La Enchiladita (Remembering our Heroes today and every day.)
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To: SmithL

BTTT


25 posted on 08/13/2005 12:42:23 PM PDT by Fiddlstix (This Tagline for sale. (Presented by TagLines R US))
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To: SmithL
(A) I didn't even thing the 9th circus could be this bad. I thought it was a lower court.

(B) He's claiming he needs asylum because he was forced to perform sex acts by a (presumably gay) police officer.

(C) This makes a mockery of asylum cases.

(D) This should be overturned.

(E) Congress needs to disband this court.

26 posted on 08/13/2005 12:42:58 PM PDT by AmishDude (Join the AmishDude fan club: "ROFLOL!" -- tuliptree76)
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To: COEXERJ145

I'm going to guess that the proscription against HIV/AIDS does not apply in asylum cases. It sounds like the kind of loophole they would put into the law. Not that that would stop the 9th circus.


27 posted on 08/13/2005 12:46:25 PM PDT by AmishDude (Join the AmishDude fan club: "ROFLOL!" -- tuliptree76)
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To: Brilliant
Whatever abuse this guy would face at the hands of Mexicans sure isn't going to be eliminated by his living in California.

There are still plenty of them around.

28 posted on 08/13/2005 1:09:13 PM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
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To: atomic_dog
Leprosy is now endemic in the northeast United States

That's why the hockey season was cancelled last year. They wouldn't risk having a face-off.

29 posted on 08/13/2005 1:17:36 PM PDT by TruthShallSetYouFree (Abortion is to family planning what bankruptcy is to financial planning.)
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To: SmithL
"Give me your tired, your poor, your perverted masses, yearning for free medical coverage"
30 posted on 08/13/2005 1:18:27 PM PDT by newgal
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To: La Enchiladita
I think they're called maricon in ol' Mexico.

I grew up in a Jewish neighborhood, and we had a lot of them. There was Murray Cohen, Marty Cohen, Morty Cohen, Maury Cohen. I think they were all straight, though. Expect maybe for Marty.

31 posted on 08/13/2005 1:20:20 PM PDT by TruthShallSetYouFree (Abortion is to family planning what bankruptcy is to financial planning.)
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To: Brilliant

You mean San Fran-SICKO


32 posted on 08/13/2005 1:22:04 PM PDT by Stellar Dendrite (The presence of "peace" is the absence of opposition to socialism -- Marx)
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To: SmithL

Gee, a Homosexual Illegal Immigrant...

Only is he were a Jihadist Homosexual Illegal Immigrant could the Left adore him more.


33 posted on 08/13/2005 1:22:08 PM PDT by Sometimes A River (Che Guevera isn't cool)
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To: COEXERJ145

>>Actually U.S. law prohibits people with HIV/AIDS and other infectious diseases from immigrating to the U.S. but when did the 9th Circus actually care about the law?

They aren't the problem.. It's the Aministration and Congress who follow the orders of these courts. This is the Root of the problem...



34 posted on 08/13/2005 2:00:37 PM PDT by 1stFreedom (1)
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To: CAWats

How far do the infected South Assfricans have to swim to get here? /sarc.


35 posted on 08/13/2005 2:39:21 PM PDT by ApplegateRanch (The Marching Morons are coming...and they're breeding more Democrats beyond all reason!)
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To: SmithL

when are we gonna start impeaching these crazy nut job judges !?


36 posted on 08/13/2005 3:34:49 PM PDT by Texas_Conservative2
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To: La Enchiladita
I think they're called maricon in ol' Mexico.

I kinda like joto better ;-)

37 posted on 08/13/2005 3:50:15 PM PDT by AlBondigas
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To: COEXERJ145
U.S. law prohibits people with HIV/AIDS and other infectious diseases from immigrating to the U.S

He's in San Francisco. He might not have even been infected until sometime after he got here. Just guessing. Don't know if it matters legally though.

38 posted on 08/14/2005 4:58:25 AM PDT by Sandy
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