Unfortunately, sometimes an immigration judge’s own biases and misconceptions can cloud his or her view and may taint his or her ruling. When this happens, the defendant in the case is not truly getting a fair trial.
This seems to be the case for a man accused of soliciting oral sex to an undercover police officer in exchange for money in California. The man happens to be both HIV-positive and living in the country illegally. Before the man entered the United States, he was the subject of much abuse at the hands of Mexican police officers. Because of this, he was granted a withholding of removal in 2006 that allowed him to stay in the country legally.
This order was terminated and the man ordered deported when the U.S. Department of Homeland Security felt the man had committed a serious crime when he solicited for oral sex knowing he was HIV positive.
The Lambda Legal and HIV Law Project have come to the man’s aid recently and asked the Bureau of Immigration Appeals to stop the deportation. They submitted a brief that points to studies that show the virtual impossibility of transmitting the HIV virus to another person during oral sex. They also argue that since there are no documented cases of someone who has HIV passing it to another while performing oral sex, the judge’s ruling was unnecessarily harsh and based on incorrect notions.
In cases like these, it pays to have a lawyer on your side who knows the ins and out of immigration law and can help you fight against the threat of deportation.
Source: San Diego Gay and Lesbian News, “Immigration Court urged not to deport HIV-positive man convicted in sting,” April 11, 2013