Thread: ACLU sues for release of transgendered immigrant

ACLU sues for release of transgendered immigrant
By ALLISON HOFFMAN Associated Press Writer
Article Last Updated: 08/14/2008 05:54:31 PM PDT

SAN DIEGO—A transgendered Mexican woman who was granted asylum in the U.S. should be released immediately from the immigration jail while her case is under appeal, the American Civil Liberties Union said in a lawsuit filed Thursday.

The ACLU said Oscar "Diana" Santander should be released while the government appeals an immigration judge's ruling in May that granted Santander asylum because she would be at risk of torture if deported to Mexico.

Santander, 42, came to California illegally in 1994 but was deported in 2001 to Tijuana, Mexico, across the border from San Diego. Her attorneys claim she was held for 72 hours and forced by Mexican authorities police to perform oral sex.

She returned to the U.S. in 2004 and was arrested in Los Angeles in 2007 for trespassing and prostitution. Santander then applied for asylum protection as a transgendered person.

She has been in U.S. Immigration and Customs Enforcement custody since April 2007.

"In the absence of the torture and persecution she would not have a separate basis to stay here," said Bardis Vakili, a San Diego lawyer who assisted with Santander's asylum claim.

ICE said in its appeal of the asylum grant that Santander is not eligible for asylum because she was once jailed in Mexico for robbery and is therefore considered an aggravated felon. Her lawyers said she was not convicted of the crime.

"The government has appealed the case to the Board of Immigration Appeals and this individual will remain in custody until the case is resolved," said ICE spokeswoman Virginia Kice.

The government has not challenged the judge's finding that Santander qualified for protection under the United Nations' Convention Against Torture.

Santander has raised money to post $1,800 bail while her case is considered, her attorneys said.
http://www.montereyherald.com/state/ci_10207010

Why didn't Oscar ask for asylum the first time he/she crossed the border illegally?

The ACLU does such fine an important work, don't they? What the heck does this case have to do with civil liberties? The commies must be running out of things to stick their noses into...sticking up for illegal alien, tranny prostitutes who are thieves. Fine prospective citizen!!!

Santander, 42, came to California illegally in 1994 but was deported in 2001 to Tijuana, Mexico, across the border from San Diego. Her attorneys claim she was held for 72 hours and forced by Mexican authorities police to perform oral sex.

She returned to the U.S. in 2004 and was arrested in Los Angeles in 2007 for trespassing and prostitution. Santander then applied for asylum protection as a transgendered person.

Arrested for prostitution and asking for asylum because the mexican cops wanted oral?!?!?! She does it for money, but uses this as the excuse to seek asylum? WTF?!?!??! Send him/her/it back!!!!

When did Oscar become Diana? Mexico's bigotry is not our problem, DEPORT!!!!!

Santander, 42, came to California illegally in 1994 but was deported in 2001 to Tijuana, Mexico, across the border from San Diego. Her attorneys claim she was held for 72 hours and forced by Mexican authorities police to perform oral sex.

She returned to the U.S. in 2004 and was arrested in Los Angeles in 2007 for trespassing and prostitution. Santander then applied for asylum protection as a transgendered person.

How much did the mexican cops pay her/him/ whatever??? Is this the kind of bottom dwellers we are granting asylum to!! The ACLU is a bunch of lunatics!!

This is getting absolutely ridiculous! Maybe the ACLU should pack their communist bags and move to Mexico. Good riddance!

Oscar/Diana needs to be deported PERIOD!

She returned to the U.S. in 2004 and was arrested in Los Angeles in 2007 for trespassing and prostitution. Santander then applied for asylum protection as a transgendered person.

Sorry, but I dont think this qualifies for asylum. IMO, this is a tremendous sin against nature, and no matter where that person goes, it is a personal choice. She/he or whoever, is going to find it hard to live no matter where they relocate.

Can you imagine how proud this ACLU attorney's parents must be after spending about 150K for undergrad and law school...that their child is a proud ACLU attorney doing the U.S. so much good by representing an indigent, illegal alien, transsexual prostitute? What a badge of honor.

What ever will the busy bee aclu do with themselves once they help to get America packed up with any and every one that decides they want to come to here?

Looks like we will be getting all kinds of trash from mexico I can see it now poor little immigrants have to take female hormones and grow a set of knockers so they can come here to feed their families lol.

Its hard to believe that we have came to this kind of non sense WOW what a freaking mess.