Citing persecution, judge grants gay Mexican immigrant asylum in U.S.

Los Angeles Times

By Tami Abdollah

January 30, 2007

An immigration judge granted a Mexican immigrant asylum, citing his sexual orientation and the severe persecution of gays in Mexico, the immigrant's lawyer said Tuesday.

According to court documents, while living in Guadalajara, Soto Vega was beaten by police with a "metal baton or flashlight" and then robbed, called "anti-gay slurs" and told that he would be killed if he was ever seen again.

In 1988, Soto Vega paid a smuggler to sneak him into the United States, and he settled in the Hollywood and Silver Lake areas. In 2001, Soto Vega returned from a brief visit to Mexico after his mother's death, during which he said he was afraid to go outside. He said he found out about the asylum process upon his return and filed an application the following year.

Soto Vega's request for asylum was denied in 2003 by immigration judge John D. Taylor, who said he could return to Mexico since "it would not be obvious that he was homosexual unless he made it obvious himself."

The case was returned to Taylor after the U.S. 9th Circuit Court of Appeals ruled it is the government's responsibility to prove Soto Vega had no "well-founded fear of persecution" in Mexico.

We offer asylum for those fleeing political persecution and those fleeing religious persecution. Now we offer asylum for those fleeing aberrant behavior persecution. Way to go 9th Circus! -mm