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Moses Mworenko, Ugandan Immigrant Wins US Asylum

18 May

Kushaba Moses Mworenko (photo by Jamie McGonnigal, EqualityPhotography.com)

We are thrilled to report that our friend, Kushaba Moses Mworenko – a gay Ugandan immigrant, has won his asylum to the United States.

We met Moses last summer when he marched with us as part of the Take Back Pride campaign in Washington, D.C.. Moses has had many twists and turns over the past two years in trying to win his right to live in America.

From Alison Gardner at Venus Plus X:

After many twists and turns since early 2010 that included a 6-month stint in San Francisco that resulted in Homeland Security terminating the case and forcing the Arlington, VA, asylum office to reverse its decision in favor of Moses. This was to take only 3 weeks from the judge’s order on January 1, 2011, and took nearly 5 months, but the day finally arrived this week. Moses thanks all of you for your support over the last 18 months that helped make this all possible.

Moses continues to work valiantly on behalf of the LGBT and HIV+ community in Uganda, and surely will be able to accomplish more now that his case has been settled. Moses’ continually updated Global Sexual Freedom Annotated Bibliography remains available to anyone who needs a quick education on the challenges we face to bring about equal rights for all sexual minorities, here and abroad. Moses is also helping Get Equal, VenusPlusX, and other organizations to expose members of congress aligned with groups such as “The Family” (active in 192 countries) who are fomenting hatred and erasure of LGBT and HIV+ plus people everywhere, at American taxpayers expense.

Many thanks to all those who helped expedite Moses’ case. We are very lucky to have someone like him fighting on our behalf – here and in Uganda.

Dan Massey & Allison Gardner are seeking donations of any size for Moses’ certification as a home health aid, something he can start right away so he can work while he seeks employment more appropriate to his education and experience. Please send your contribution, if you can, to Moses c/o Massey and Gardner, 1700 Kalorama Road NW #502, Washington, DC, 20009.

Congrats Moses!

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UPDATE: Is DOMA Sinking? AG Holder Vacates Gay Deportation Case

5 May

While Organizations like ALL OUT and GetEQUAL are pushing to stop tomorrow’s deportation of Henry Valendia, thus tearing him away from his legal marriage with Joshua Vandiver, it seems Attorney General Eric Holder is taking further steps to discredit the ant-gay Defense of Marriage Act.

According to Chris Geidner at Metroweekly, AG Holder has vacated a decision made by a Board of Immigration Appeals decision.

Holder writes:

“Pursuant to my authority set forth in 8 C.F.R. § 1003.1(h)(1)(i), I order that the decision of the Board of Immigration Appeals (“Board”) in this case applying Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7, be vacated, and that this matter be referred to me for review.”

Geidner continues:

Saying the attorney general “has taken [an] extraordinary step” with the decision, attorney Eric Berndt — the supervising attorney for the National Asylum Partnership on Sexual Minorities at the National Immigrant Justice Center — told Metro Weekly, “It adds some heft to our requests for prosecutorial discretion in individual cases in which the foreign partner” of a same-sex bi-national couple is seeking a green card because of his or her citizen same-sex partner.

Holder goes on to state four questions that he directs the BIA to consider:

In the exercise of my review authority under that regulation, and upon consideration of the record in this case, I direct that the order of the Board be vacated and that this matter be remanded to the Board to make such findings as may be necessary to determine whether and how the constitutionality of DOMA is presented in this case, including, but not limited to: 1) whether respondent’s same-sex partnership or civil union qualifies him to be considered a “spouse” under New Jersey law; 2) whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and Nationality Act; 3) what, if any, impact the timing of respondent’s civil union should have on his request for that discretionary relief; and 4) whether, if he had a “qualifying relative,” the respondent would be able to satisfy the exceptional and unusual hardship requirement for cancellation of removal.

This could be extraordinary news, considering Holder’s specific questions. It’s apparent from his requests to the BIA that state’s rights may be violated by DOMA, considering his mention of “New Jersey law.” Let us hope this is good news for Joshua and Henry (who is set for deportation tomorrow).

There is a rally scheduled for tomorrow in Newark from 11-12am – Department of Homeland Security/Newark Immigration Court – Peter Rodino Federal Building, 970 Broad Street, Newark, NJ. Please attend if you can and also please visit ALL OUT’s Petition to help stop this cruel punishment for a couple whose only crime was getting married.

***************UPDATE********************

According to Metroweekly’s Chris Geidner:

Attorney Lavi Soloway tells Metro Weekly that Henry Velandia’s deportation proceedings have been adjourned, in part, because of Attorney General Eric Holder’s decision to vacate the Board of Immigration Appeals decision in another case involving a same-sex couple on Thursday. Moreover, Soloway says, “The government attorney agreed to adjourn the case.”

This is excellent news and proves that when we rally and get people to join together around something, we can win. Please keep this in mind and kep working hard when we ware called to action. We CAN make a difference!

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LGBT Immigrants Abused in US Custody

13 Apr

13 complaints were filed today alleging human rights abuses against LGBT immigrants in Immigration and Customs Enforcement (ICE) detention centers. The Heartland Alliance National Immigrant Justice Center is asking the Department of Homeland Security to investigate the treatment of LGBT people in DHS custody, craft policies to address violations and oversee implementation.

Some of the people being held are legal residents who were previously convicted of a crime – in some cases, just a misdemeanor. Some are felons who are transferred to ICE custody after longer prison sentences. Others may be undocumented aliens or people who have overstayed their visas. Regardless, all are held based on civil and not criminal offenses.

The alleged abuses against LGBT individuals include denial of medical care, discrimination and sexual assault. Steve, a gay Peruvian asylum seeker was held in solitary confinement for six weeks “on the sole basis that he is HIV-positive” according to the report. “Officers frequently prohibited Steve from leaving his cell to get his HIV medication. Steve was traumatized when he sought medical treatment and an officer refused to remove the shackles from his feet, waist, and hands despite pleas from his doctor.”

The report goes on to describe sexual assaults by fellow inmates followed by repeated denials for transfer from the victim as well as a transgender inmate being denied her hormone treatment, despite her use of hormones for ten years prior to detainment.

Heartland Alliance has set up a letter campaign to President Obama and DHS. Please take action by signing the letter and tell the President that LGBT immigrants cannot be treated like this in our country.

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Jamaican Gay Murder Advocate Wins Grammy; 28 Gay Jamaicans Win US Asylum

14 Feb

It’s no secret that many Caribbean nations are overwhelmingly homophobic. In fact, just last night, Jamaican Reggae artist, Buju Banton won a Grammy Award – after he advocated burning homosexuals “like an old tire wheel,” and shooting “batty boys” in the head with an Uzi in some of his lyrics.

Gay murder advocate and Grammy Award Winning Jamaican Reggae Artist, Buju Banton

Speaking as someone who also suffered from an anti-gay assault in the Bahamas, it seems that homophobia is deeply rooted in the religious teachings in some Caribbean nations. In recent years, there have been dozens of hate crimes reported in St. Maarten, Jamaica, The Bahamas and others. In fact, in 2006, TIME Magazine dubbed Jamaica “The Most Homophobic Place on Earth.”

The hatred and ignorance is clearly out of control. And considering the recent murder of David Kato in Uganda and the halted deportation of Brenda Namigadde, it’s important to know that you can be safe in countries which don’t criminalize who we are. Immigration Equality is an organization which maintains the largest network of pro-bono attorneys, in addition to its in-house legal staff, dedicated solely to seeking asylum for Lesbians, Gays, Bi-sexual and Transgender (LGBT) asylum seekers. So it was good to hear from our friends at Immigration Equality that “An overwhelming number of the victories, 38, were for clients from the Caribbean, with 28 of those for individuals from Jamaica.”

Congratulations to those who won asylum to a place that at least doesn’t criminalize love. Let’s keep hoping for change in those countries where millions more fear their own murders daily.

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