Joc-Joc: Political asylum or avoidance?

By Lourdes Santos Tancinco law@tancinco.com
Inquirer

http://globalnation.inquirer.net/featur ... e_id=94578

LAST YEAR, former agriculture undersecretary, Jocelyn "Joc Joc" Bolante attempted to enter the United States on a visitor's visa but was denied entry. His visa was cancelled by the US Embassy despite the fact that he was holding a valid visa stamped on his passport. Why is Bolante still in federal custody after more than one year?

No Bail

When the Philippine Senate issued a warrant of arrest against Bolante, the US Embassy decided to cancel his visa. Cancellation of visa may happen in varying situations. Hence, despite the issuance of a valid visa, if the US Department of State receives derogatory information about the applicant that will warrant the cancellation of the visa holder, a memorandum will be sent to the US Department of Homeland Security to put the client on a the list of those who are to be rendered inadmissible.

Bolante no longer had a valid visa when he was entering the US in 2006. Since he had no valid visa and was seeking admission, he was considered an arriving alien. He could have been sent back to Manila that very same day that he tried to enter the United States and put on expedited removal proceedings. This procedure is often referred to as "Airport to Airport."

One of the circumstances where the expedited removal proceedings may be prevented is when an arriving alien applies for political asylum. Even if he is afforded the opportunity to apply for political asylum, Bolante will still be kept in prison considering that he is an arriving alien and there is no 'bail' for arriving aliens.

Political Asylum

Some individuals who are similarly situated face the same fate of not being able to bail out. However, there are individuals who are in removal proceedings who are out on bail depending on the circumstances of the particular case and the relief they are presenting.

Asylum is the status sought by non-US citizens who enter the US, either legally or illegally, asking for refuge based on claims of persecution or fear of persecution in their home country. In applying for political asylum, the application is filed affirmatively with the asylum officer of the US Department of Homeland Security. This is adjudicated without delay and if there are merits in the case, the political asylum is approved and the applicant is free to enter and work in the US. If it is denied, the applicant is put in removal proceedings where the asylum application is heard again. If it is denied, the applicant will be issued a removal/deportation order.

Bolante's fears

Bolante's application for political asylum is based on his alleged fear of persecution because of his political connections. His application was found to be without merit and has been denied twice and a deportation order was already issued by the immigration judge. This is currently being appealed with Court of Appeals through a petition for review.

I have not read the briefs filed by the parties in the petition for review. Basing it on statistical probability, however, chances are, the petition for review will be denied. According to the statistics from the TRAC Reports Inc., of the 631 political asylum cases filed in the US by Filipinos from 2000 to 2005, 75.8 percent were denied.

Tell the truth

Even without political asylum case being the issue here, it would still be an alternative for Bolante to just consider voluntary departure from the US instead of staying in a federal prison at Kenosha, Wisconsin.

The immigration judge has already found that the fear of persecution because of a political belief was not a credible claim. Instead of spending his time in jail, would it not be a more palatable alternative to just testify before the Senate on on the P728 million-fertilizer fund scam?

Political asylum is not a vehicle to hide from one's responsibility as a public official; neither will political avoidance bring him freedom. He also cannot be released on bail. Will the truth set him free?





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