SFist: Civil Rights Groups Ask Ninth Circuit to Reconsider Denial of Asylum to Gay Guatemalan

largo01

Sat, 25 Apr 2009 14:10:53 -0800

This case doesn't have to do with DOMA or marriage laws. Since the late 90's, the US has recognized homosexuality as a social group to be granted asylum if the asylum applicant can establish they were persecuted based on their social group. In this case, the 9th circuit essentially approved an Immigration Judge's finding of credibility (whether the asylum applicant lied or was being completely truthful in court). Since asylum applicants have very little evidence to bring with them into court, their word has to be taken as true unless the judge has some reason to think they are not trustworthy. Evidence of lying can be a basis for finding the applicant not credible and thus not eligible for asylum. It appears he has been here since 1992, but my guess is that his case has been up and down the appeals ladder and has only now been decided--well technically there could be more appeals. Our immigration system is backlogged and normally takes years until a final decision is reached. Wsanders: CIS (the new INS) doesn't give parents legal status if their children are US Citizens. This has been the law since 1980. People often falsely assume that pregnant women come over here, have their children, and get to stay (anchor babies). The mother's choice is to either leave with her children or leave the children in the US to be put into foster homes. The latter rarely ever happens.

wsanders

Fri, 24 Apr 2009 15:57:13 -0800

I don't think the INS cares whether you are married or not, straight or gay. I seem to recall some case where dad was legal but had flown the coop, mom was de facto single mom and not legal or had committed some misdemeanor or something, the kids were born in US and thus citizens, but mom was shipped back to the Philippines and basically forced to take the kids along.

snaggs

Fri, 24 Apr 2009 13:35:10 -0800

Unfortunately, all of this mess would still be a problem even if same-sex marriage were still legal in CA. In fact, Saul may be in one of the 18,000 same-sex marriages that were performed prior to the passage of Prop 8, and which will likely remain valid (I think) after the CA Supreme Coourt rules on this issue in the next few weeks. But since immigration is governed by federal law, and the feds don't like the gays, it really doesn't matter what their California marital status is. What is needed is recognition of same-sex relationships, either domestic partnerships or marriage, by the federal government.