Gay Colombian Man Who Is HIV-Positive Seeks U.S. Asylum

MIAMI, FLORIDA - A gay Colombian man who is HIV-positive is seeking to stay in the United States, arguing that paramilitary groups in his native country will kill him if he returns.
Luis Fabriciano Rico's initial asylum request was rejected by an immigration judge in 2003, a decision that was upheld by appellate judges. Now, Rico is asking the Board of Immigration to reopen his case, arguing that the persecution of gays in Colombia has shot up in recent years.
The 38-year-old hails from Barrancabermeja, Colombia, which has been under the control of right-wing paramilitary groups in recent years.
His attorney, Leon Fresco, said that since 2003, the groups have targeted anyone perceived to be gay.
"As they drive around, they see you on the road, they think you're gay, and they kill you,'' Fresco said.
Rico filed the appeal Jan. 13. The Board of Immigration Appeals could decide at any time whether to send the case back to an immigration judge or simply deport Rico, Fresco said.
Rico, who worked as an accountant in Colombia, now washes dishes in Orlando and lives with his longtime partner, Juan Carlos Rodriguez.
The couple began dating in Colombia in 1996, where they were both gay activists, Fresco said.
A different judge granted asylum to Rodriguez, who did not mention he was gay.
Rico, 38, first asked for asylum in 2001 for political reasons. He later amended his request to add his fears about specific homophobic threats from the paramilitary groups.
Immigration Judge Rex J. Ford denied that request in 2003. He questioned Rico's credibility because Rico did not include claims related to his sexual orientation in his initial application.
Ford also noted that Rico traveled to Colombia during the time he said he was being persecuted.
Fresco said Rico had suffered from "post-traumatic stress syndrome'' and was afraid to make public his sexuality.
Fresco also said Rico returned to Colombia twice to visit his young daughter, who is being raised by his parents.
The U.S. 11th Circuit Court of Appeals has refused to rehear the case, saying it could not revisit the facts of the case.
U.S. Reps. Debbi Wasserman Schultz, D-Pembroke Pines, and Corrine Brown, D-Orlando, have sent letters on Rico's behalf.
Professor James D. Wilets, who heads Nova Southeastern University's Inter-American Center for Human Rights, also filed an expert affidavit, noting that attacks on homosexuals in Colombia are significantly on the rise and come from police, military and paramilitary groups connected with the government.
"In the case of Mr. Rico, it is precisely these groups, or groups affiliated with them, that have posed the greatest threat,'' Wilets wrote.
from Sun-Sentinel

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