Three gay men eager to remain in the United States struck out before separate federal circuit court panels in early December. A gay Indonesian had failed to raise issues about his homosexuality early enough in his efforts to stay, ruled the 5th Circuit, based in Houston. Two gay Jamaicans, both of whom ran afoul of the law while in the US, fell short of proving they would be tortured if deported to their homeland, according to the 4th Circuit, based in Richmond, and the 11th Circuit, based in Atlanta.
Because the gay men in these cases will be returned to countries where they may be subjected to attack for their sexual orientation, Gay City News will not publish their names. The brief December 1 ruling concerning the Indonesian man does not mention whether he was represented by a lawyer, but that seems unlikely, considering the shortcomings of his case. The court was considering a motion by the man to have his case returned to the Justice Department's Board of Immigration Appeals (BIA) for reconsideration, on the ground that he wanted to present new evidence to the Immigration Judge that he was gay. Typically, new evidence is considered information not available at the time of the original hearing that might have changed the outcome.