Kerry Requests Asylum From Obama in Case of Gay Man

[Cash_thatswhatiwant]

BOSTON (AP) — Senator John Kerry, Democrat of Massachusetts, has asked the Obama administration to grant asylum to a gay man who married an American citizen in Massachusetts and was later forced to return to Brazil.



The man, Genesio Oliveira, has been separated from his husband, Tim Coco, since August 2007, when he left the country after his request for asylum and an appeal were denied.

Mr. Oliveira asked for asylum in 2002, saying he was raped and attacked by a physician as a teenager in Brazil and feared persecution because of his sexuality. The Associated Press does not typically name rape victims, but Mr. Oliveira has spoken openly about his case.

In a letter sent Thursday to Attorney General Eric H. Holder Jr., Mr. Kerry said that Immigration Judge Francis L. Cramer had found Mr. Oliveira’s testimony to be credible and his fear of living in Brazil genuine. However, the judge denied the asylum claim, saying he “was never physically harmed” by the rape, the letter said. Mr. Kerry called the ruling “outrageous.”

In Brazil, judges have granted foreign partners in same-sex relationships the right to residence and have authorized civil unions that bestow many benefits of marriage to same-sex couples. But many segments of society remain openly hostile to gay men and lesbians.

The Department of Justice said Mr. Holder would review the letter and respond to Mr. Kerry, but officials would not comment.

In an interview Friday, Mr. Kerry said: “Nobody’s asking to overturn or change the federal law. This is really a humanitarian situation that deserves an appropriate focus.”

Mr. Kerry has co-sponsored a bill that would allow gay men and lesbians from other countries to become legal residents based on their permanent relationships with American citizens.

Immigrants can apply for residency if they marry American citizens, but the federal government does not recognize same-sex marriages under the Defense of Marriage Act, and Mr. Oliveira’s request to remain in the United States based on his relationship with Mr. Coco was denied last month.

Mr. Oliveira said he and Mr. Coco filed an appeal of that decision on Friday.
The couple met in 2002 and married in 2005.

NYT

[Drunken Irishman]

1. That headline is confusing. I thought it meant Kerry wanted asylum from Obama.

[Danger Mouse]

2. That's what I thought. And it really confused me.

:P

[greguganus]

3. I thought it meant Kerry wanted Obama to protect him from a gay stalker.n/t

[NaturalHigh]

4. That was what I got from it too.

[Jennicut]

5. LOL! But I agree with Kerry. The guy should be allowed to stay here.

Fear of being persecuted for being gay should count as asylum, shouldn't it?

[Drunken Irishman]

6. You've got to wonder where they come up with these headlines.

[JI7]

7. there was one which said something like "Lesbians like straight men"

it was an article about how lesbians are similar to straight men in some way. but the headline was just funny.

[Usrename]

8. C'mon Barack...

it's time to step up!

[Hippo_Tron]

9. Obama should offer blanket asylum to any homosexual who reasonably frears persecution

Especially since that's something he can do by executive order. Of course too many people would probably fake persecution just to get into the US.

[960]

10. Agreed 100%

[Jamastiene]

11. Senator Kerry is right.

I agree with him. That judge's ruling and the quote from that judge is callous and, yes, "outrageous."

[ima_sinnic]

12. in that case, what about all the couples who were broken up (myself included)

because of minor infractions of law (possession of less than 1 oz of pot) for which time was served and/or fines paid that were then brought up again in Immigration Court. My Jamaican husband was threatened with deportation for a 6-year-old misdemeanor for which he had paid a fine (in other words, double jeopardy, basically). He was in poor health and would not have survived that proceeding (which includes incarceration) so he voluntarily deported himself. We have not seen each other for 4 years now.

It turns out that these draconian proceedings, deporting permanent legal residents for even the slightest ticket years after the fact, even those with families and businesses, was first instituted under Bill Clinton (before that, you had to have a felony on your record to even be considered for deportation). Just one more thing, along with NAFTA, I have to thank him for. Don't get me started on that stinking POS. I have come to detest his phony ass. He took my husband from me. This situation of incarcerating and deporting legal permanent residents for infractions as minor as unpaid parking tickets was investigated by PBS, but by very few other outlets.

My daughter in California was friends with a couple whose husband was from Nigeria. They had children (I don't remember how many). He was deported for equally ridiculous reasons, which I also don't recall (this was before my husband's case, so at least 5 years ago). It was absolutely heartbreaking. A husband and father of young children who, if I remember correctly, also had some kind of business. I wish I could remember the stupid reason. His wife tried everything, from hiring a lawyer and trying to battle the case to actually moving with their children to Nigeria to try to live. But that also proved impossible because of conditions there.

So good for Kerry, but that ONE DEPORTATION CASE is no more unjust than the MILLIONS of others that have occurred over the past 10 years.

[Undercurrent]

13. .

I'm so sorry you and your husband were, and are being treated in this despicable way. My heart goes out to you, and to all the couples who have been similarly ripped apart, like the one in the OP's article.

Yes, and Bill Clinton also gave us Don't ask, don't tell. His was a poor record on human rights for gays and lesbians. A perpetuation of the same old crap, all wrapped up in a "concern" ribbon.

Kudos to John Kerry for fighting for this couples rights.

[globalvillage]

15. Sen Kerry also fought for

the wife of Alex Jimenez, who was to be deported while her husband was serving (and died) in Iraq http://www.cbsnews.com/stories/2007/06/20/national/main2956093.shtml , and introduced legislation against inhumane practices associated with immigration raids that ripped children from their parents http://kerry.senate.gov/cfm/record.cfm?id=294324 .

This isn't a single case. Consider that Sen. Kerry is married to an immigrant, and so has a unique perspective in the Senate regarding treatment of residents not born in this country, in addition to being a person of compassion and a voice for human rights.

You're right, something has to be done. This is a nation of immigrants, most of us only a generation or so removed ourselves. It's a travesty to tear families apart the way yours was. My heart goes out to you.

[SKKY]

14. WTF??? "saying he 'was never physically harmed' by the rape..."

Call me silly, but isn't the physical harm endured during and after a rape the very least of it?

[Bluenorthwest]

16. I am so happy Senator Kerry is taking this case to the spotlight

And it is proper to say he seeks the asylum from Obama, who can grant it, and who sadly voted with the Republicans against the Uniting American Families Act, a law that would have solved this heart break for all people in this situation. We can only hope that the President's thinking has evolved past his previous vote.
May Kerry prevail. May the religionist siblings of Anita Bryant, DuBois and his lot, fail to presuade this President to divide us ever again.