Legal News

Filipino Man Spared Deportation as He’s Gay
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Wednesday, a unanimous three-judge panel of the U.S. 9th Circuit Court of Appeals overturned a decision by the Board of Immigration Appeals to deport Dennis Vitug. A citizen of the Philippines, Vitug’s deportation was ordered when the resident of southern California was sentenced for drug possession. However, the federal appeals court found Vitug might be persecuted back in Philippines for being gay, and stopped his deportation.

Evidence presented at court showed that Vitug had been beaten and robbed five times while in Philippines, harassed and threatened by law enforcement and denied work due to his sexual orientation and because he was perceived as effeminate.

  
What
Where


Writing on behalf of the court, Judge Harry Pregerson observed, “No reasonable fact finder could conclude that the harm Vitug suffered did not rise to the level of persecution.”

Vitug, who had moved to the United States in 1999 had overstayed his tourist visa and continued to work in different occupations including work as a designer for a Sharman Oaks hotel and as a shipping clerk. He also studied fashion design.

He became addicted to meth in 2001, obtained drug counseling, but his habits kept relapsing leading to repeated arrests. He was diagnosed with HIV in 2005, and shortly after relapsed into meth abuse, following which he was sentenced to one year in state prison.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The Department of Homeland Security wanted to deport him, but was stopped by an immigration judge who held that Vitug may face persecution and torture if he returned to Philippines. The department appealed the decision to the immigration board, and the board opined that Vitug hadn’t been able to establish a probability of torture or that the Philippines government wouldn’t protect him.

On Wednesday, the 9th Circuit agreed with the board’s findings that Vitug had failed to prove that he would face torture, but that he had presented sufficient evidence to show that he would suffer discrimination. The panel observed that there were established precedents that prevented gay immigrants from being deported if there was a probability of persecution based on sexual-orientation.





 

RELEVANT JOBS

Litigation Employment Attorney (Remote) in Burbank, CA.

USA-CA-Burbank

     We are a small and highly respected Burbank based REMOTE employment litigation d...

Apply now

Litigation Attorney

USA-CA-Torrance

​Position: Associate Attorney Firm: The Legacy Lawyers, P.C. Culture: "America First Pat...

Apply now

Litigation Attorney

USA-CA-Irvine

​Position: Associate Attorney Firm: The Legacy Lawyers, P.C. Culture: "America First Pat...

Apply now

Associate Attorney - Defense Litigation Experience

USA-TX-Dallas

Galloway\'s Dallas office is seeking an Associate Attorneys with 1 - 2 years of experience...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Education Law Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with ...

Apply Now

Education Law Attorney

USA-CA-Carlsbad

Carlsbad office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with 4-...

Apply Now

Education Law and Public Entity Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law and public ent...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top