Posted on December 23, 2015

Gay Mexican Immigrant Wins Federal Court Case, Can Remain in Miami

Alfonso Chardy, Miami Herald, December 22, 2015

José Crespo-Cagnant, a Mexican immigrant deported after illegally crossing the border, is now back in the United States and on his way to becoming a permanent resident after winning a long legal battle in Miami federal court, according to his immigration lawyer.

Rebeca Sánchez-Roig, the attorney, recently won the case when U.S. District Judge Ursula Ungaro threw out an immigration agency order against Crespo-Cagnant that sought his expedited removal.

“The court finds defendant’s expedited removal order was invalid,” Ungaro wrote in her Nov. 13 opinion. “Accordingly it is ordered and adjudged that defendant’s motion to dismiss [the removal order] is granted.”

Crespo-Cagnant, 36, won the case because his attorney demonstrated that immigration officials had failed to consider her client’s plea not to be returned to Mexico for fear of persecution because he is gay.

“What this means is that he is free out of any kind of criminal charges,” Sánchez-Roig said. “That hopefully the Border [Patrol] will vacate the expedited removal order that the judge ruled was unconstitutional and José will get an opportunity then to adjust his status.”