A federal appeals court recently refused to block the extradition of a gay illegal immigrant who sought protection in the U.S. claiming that the Mexican authorities are persecuting the LGBT people in that country. Extradition is the official process where one nation or state surrenders a suspected criminal to another nation or state. Typically, extradition is regulated by treaties. In most counties, a state does not have any obligation to surrender a criminal to a foreign state. In most cases, when a person is extradited it is against his or her will. To give an example, if you are caught stealing in Minnesota, but are wanted for murder in Iowa and fled authorities there to avoid being caught, you may be sent to Iowa to be arrested and tried for your more serious crime.
When a homosexual criminal was caught in the United States and was told that he would be sent back to Mexico, he pleaded that the state would block extradition. According to the Washington Examiner, Efren Neri-Garcia was mistreated in Mexico because of his sexual orientation and escaped to the United States, where he has been living illegally. HE says that he was imprisoned in Guadalajara in the 1990s. Witnesses who were on Neri-Garcia’s side say that homosexuals are constantly persecuted in that prison. Still, the police have not decided to side with the suspect, and say that they will extradite him anyway.
This means that he will face deportation and subsequent imprisonment in Mexico. Roberta Sklar, a spokeswoman for the International Gay and Lesbian Human Rights Commission in New York, says that there is no proof of persecution against LGBT people in Mexico. Still, she admits that marriage equality in one city doesn’t mean that there is equality for everyone. She says that she understands that hate violence and discrimination still exist in the state, but also notes that the same issues are dealt with and regulated in parts of the United States.
Neri-Garcia went as far as to claim that he was attacked by authorities in his prison for his sexual orientation. He says that while Mexico City supports gay rights, the prison is ruthless in hurting and psychologically abusing those who prefer homosexuality. Still, the 10th Circuit Court of Appeals in Denver, Colorado has ruled that Mexico is generally friendly when it comes to gay rights and Mexico City has recently legalized gay marriage. They could not determine that deporting Neri-Garcia would put him at risk.
The case was referred to an immigration judge last year after an asylum officer determined that Neri-Garcia had a reasonable fear of persecution in Mexico. Neri-Garcia also claimed that he feared torture if he was sent back to his home country. Asylum is an act where the United States chooses to grant legal protection who can demonstrate that he or she faces a well-founded fear of persecution if he or she is sent back to his or her home country. Normally, the persecution must be based on race, religion, political opinion, nationality, or membership in a particular social group. When Neri-Garcia expressed his fear of being harmed in Guadalajara, it was considered grounds for a court case.
Still, an immigration judge said that Neri-Garcia proved that he had been persecuted in the past because of his sexual orientation. The judge then explained how Mexico has changed their opinion on homosexuals since this time, and declared that the criminal was not at any risk to harm any longer. If you are facing deportation but fear going back to your home country because of the possibility of persecution, then talk to an immigration lawyer today. An attorney listed in this directory would be more than willing to help you take on the courts and prove why you deserve to remain in the United States.