Out Gay Indonesian Granted Stay of Deportation

Anton

Philadelphia couple Anton Tanumihardja and his partner, Brian Andersen, were set to be split apart today despite Anton's continuing pleas for asylum.

Newsworks reported on Friday:

Anton would seem to have a compelling case for asylum.  Anton is gay, which doesn't go over well in Indonesia.  The gay community there is forced underground.  Anton recounts a time some of his friends were at a secretly planned gay party, which was raided by Muslim extremists.  The partygoers fled, and some were seriously injured.  He was almost at that party, but the ever-industrious Anton didn't want to miss work.

"They attacked inside the building where all the gay people were just having a meeting, and then everybody had to run to save their life," he recalls.  "My friend had to stay in the hospital because he tried to jump through the fence and scratched his arm."

If being gay weren't enough, Anton is also ethnically Chinese and Catholic.  All three make him a minority and potential target of violence in Indonesia.

Lavi Soloway of Stop the Deportations writes to tell us that Anton's deportation has been granted a last minute stay:

"Therefore ICE will extend the Stay .. until a decision is made by the BIA [Board of Immigration Appeals] on his Motion to Reopen."

Watch an interview with Anton and Brian, AFTER THE JUMP


Towleroad News #gay

—  David Taffet

UPDATE on Brenda Namigadde: Deportation delayed by temporary injunction

As I noted here earlier, Ugandan lesbian Brenda Namigadde — who fled to the U.K. in 2002 to escape persecution in her home country where homosexuality is outlawed with those who break that law subject to up to 14 years in prison — was scheduled to be sent back to Uganda at 9 p.m. tonight (London time). But word now is that a High Court judge has granted a temporary injunction preventing her deportation, according to reports by BBC.

Namigadde’s earlier pleas for asylum in the U.K. had been denied after a judge said there was no evidence she is a lesbian.

Efforts to halt Namigadde’s deportation took on added urgency on Wednesdays after news broke of the murder of Uganda’s most prominent gay rights activist, David Kato.

—  admin

Gay Brazilian married in U.S. may face deportation

RUSSELL CONTRERAS | Associated Press

BOSTON — A Brazilian man who was recently reunited with his Massachusetts husband when federal officials temporarily allowed him into the U.S. said he could face deportation because the attorney general won’t reverse the immigration ruling that initially separated the couple.

Genesio Oliveira, 31, said Monday, Nov. 8 that he could be forced to return to Brazil in six months because of Eric Holder’s decision.

“I was very depressed,” Oliveira said in a telephone interview. “I’m terrified. I thought this would be over by now.”

Three years ago, Oliveira and husband Tim Coco, 49, of Haverhill, were forced to live apart when Oliveira was denied asylum over claims he was raped as a teenager. A judge found Oliveira’s fear of returning to Brazil “genuine,” but ruled he was never physically harmed by the rape.

The Associated Press does not typically name rape victims, but Oliveira speaks openly about his case and allows his name to be used.

The case gained international attention from gay rights and immigrant advocates who criticized U.S. officials for separating a legally married couple.

In June, at U.S. Sen. John Kerry’s urging, federal officials temporarily allowed Oliveira back in the country on humanitarian grounds.

Following his return to Massachusetts, Oliveira said the couple believed Holder would reverse the initial immigration decision. Oliveira, whose nickname is “Junior,” said that would have allowed him to apply for permanent residency in the U.S. either on the basis of his marriage or as an asylum-seeker who feels threatened by anti-gay violence in his country.

Although Brazil is one of Latin America’s most tolerant countries toward gays, a number of Brazilian gays have persuaded U.S. judges to grant them asylum on the grounds they would face persecution if sent home.

“I think (Holder) was never able to help us,” said Oliveira. “He has all the authority to help us and he doesn’t want to.”

The U.S. attorney general’s office did not immediately return e-mails and phone messages Monday.

Last year, Kerry asked Holder to grant Oliveira asylum on humanitarian grounds. Then in March, Kerry wrote Homeland Security Secretary Napolitano asking her to issue Oliveira “humanitarian parole” based on his fear of persecution in Brazil.

Humanitarian parole is used sparingly to temporarily allow someone who is otherwise inadmissible into the U.S. for a compelling emergency, according to the U.S. Department of Homeland Security.

A spokeswoman for Kerry said the senator was in Beirut and couldn’t immediately comment.

Coco said the couple is looking at all available options now, including trying to reapply for asylum, suing the federal government over the Defense of Marriage Act, or trying to convince lawmakers to pass a federal bill that would allow Oliveira to stay.

“But each one of those options come with risks,” said Coco. “Junior could be forced to go back.”

—  John Wright

Gay couple separated by immigration law as one fights cancer; congressman won’t help

Aurelio Tolentino, left, and his partner, Roi Whaley

Roi Whaley and Aurelio Tolentino, both HIV-positive, met in 2004 through a support group for people living with AIDS. Roi is a native of Gulfport, Miss., and Tolentino, a registered nurse, had come to the U.S. on a work visa from his home in the Philipines.

Then, during the process of applying for his green card, authorities discovered Tolentino’s HIV-positive status, and immigration officials informed him he would have to leave the country. That was back in 2006, before President Barack Obama rescinded the policy prohibiting HIV-positive people from entering the U.S., either as immigrants or tourists.

Tolentino wasn’t too keen on going back to the Philipines. For one thing, it would mean leaving his partner, Whaley. On top of that, he had already been attacked and beaten for being gay in his home country, and if he were to return, it would likely happen again.

So Tolentino applied for asylum in the U.S. That application was denied because he had been in this country already for more than a year, and U.S. policy says anyone seeking asylum must apply within one year of entering the country.

Left with no other option, Tolention moved to Canada to live with his mother, who already has legal status as a permanent resident. He applied for asylum there and, once again, was denied. Now he may have no other choice than to return to the Philipines where he would possibly face harassment, violence and even death.

To make matters, Whaley was recently diagnosed with terminal cancer. He left for Seattle on Friday, Sept. 3, for a visit to his oncologist, after which he planned to fly on to Canada to spend the month of September with Tolentino and his mother. It will likely be the last time the partners see each other, since Tolentino faces deportation to the Phillipines, and Whaley’s deteriorating health rules out the possibility of him visiting Tolentino there.

There is one hope: a plea to the Department of Homeland Security to grant Tolentino a humanitarian parole that would allow him to return to the U.S temporarily to be with his dying partner. But that’s not likely to happen, either, especially without intervention from Whaley’s congressman, Rep. Gene Taylor, a Democrat from Bay St. Louis, Miss.

With the help of Immigration Equality, based in Washington, D.C., Whaley and Tolentino have already asked once for Taylor’s help. An aide in Taylor’s office told Whaley no, the congressman wasn’t going to intervene. And Taylor’s office has failed so far to even return calls from Immigration Equality.

But Steve Ralls, director of communications for Immigration Equality, said Friday that neither the couple nor Immigration Equality is ready to give up yet. They are asking for the public’s help in lobbying Congressman Taylor to intervene and get Homeland Security to grant the humanitarian parole that will let Whaley spend his final days with the man he loves.

“Were Roi and Aurelio a married heterosexual couple, Roi would be eligible to apply to sponsor Aurelio for residency in the United States. Because they are a gay couple, however, that option is not open to them,” Ralls said in a press release sent out Friday. “Now, with Roi’s health deteriorating and Aurelio facing a move to the Philipines — where it would be nearly impossible for Roi to travel and be with him — the couple face impending separation. They are one of 36,000 such couples, according to an analysis of the 2000 Census data, facing this kind of situation.

“Despite having followed every immigration rule and voluntarily leaving the U.S. when immigration asked him to do so, Aurelio is now being punished under the law for following the law,” Ralls said.

If you want to help Immigration Equality fight for Roi and Aurelio, or if you are yourself part of an international same-sex couple trying to negotiate immigration law, contact the organization at 202-347-7007.

If you want to contact Congressman Taylor and encourage him to intervene on behalf of this couple, go to his website here to find addresses and phone numbers for his office in Washington, D.C., and all five of his offices in his district.

—  admin