After allegedly being beaten, sexually assaulted, threatened by a Guatemalan congressman, and chronically harassed by Guatemalan police, gay Bay Area resident Saul Martinez fled to the United States in 1992. Now, after years of living in the U.S., the Feds are trying to send him back to his country of origin. According to the National Center for Lesbian Rights:
In 1992, when Martinez initially applied for asylum, the U.S. had not yet recognized sexual orientation as a ground for asylum. Afraid of being forced back to Guatemala, where he feared for his life, and unaware that persecution based on sexual orientation might be a basis for asylum in this country, Martinez did not disclose his sexual orientation in his initial asylum application, stating that he feared returning to Guatemala because of his political opinion.
Unfortunately, since Martinez failed to claim sexual orientation as his reason for escape, and with a jarring disregard to Guatemala's treatment of LGBT ilk, the Ninth Circuit says he's not credible and denied his claim to stay in the U.S. Even though "Martinez’s life partner testified in court about their relationship," there's a very good chance he will be sent back to a place where he must live in fear. Again. (At the very least, aome of this mess, perhaps, might not be problem if same-sex marriage was still legal in California.)