Gay immigrant, detained in Tacoma, gains reprieve

A gay Jamaican man — one of the longest-held detainees at the Northwest Detention Center — has won a second chance to remain in the United States after a federal appeals court in a ruling this week pointed to a "pattern and practice of persecution" of gays in his Caribbean homeland.

The 9th U.S. Circuit Court of Appeals ordered an immigration judge to reconsider the case of Damion Bromfield, who is seeking something akin to political asylum 15 years after he first came to the U.S. as a legal immigrant — and more than a decade after he came out as gay.

The 30-year-old, who grew up in the Portland area, says he's convinced he would be beaten and killed if ordered back to Jamaica.

The ruling could have implications for other gays caught up in the U.S. immigration system.

"This ruling sets an important precedent for individuals who fear they will be persecuted because of their sexual identity in their home countries," said Matt Adams, legal director of the Northwest Immigrant Rights Project, which represented Bromfield before the federal appeals court.

"The court has said it's not just this case, that right now in Jamaica there is this pattern and practice of persecution of gays."

Bromfield came out as gay when he was 19. About four years ago, he pleaded guilty to misdemeanor sex-related charges involving an underage gay partner and spent less than a year in jail. He was later picked up by immigration officials and for the past 43 months has been held in detention in Tacoma. Although he has a green card and is in the U.S. legally, Bromfield is subject to deportation because he was convicted of a crime.

Acting without an attorney, Bromfield sought what's called "withholding of removal," a kind of relief similar to political asylum.

Bromfield told the court he'd been back to Jamaica only twice for short visits before coming out as gay. He cited a U.S. State Department report showing widespread violence against homosexuals there, perpetrated by both private individuals and public officials, like police and prison guards.

Jamaican law criminalizes homosexual conduct, punishable by up to 10 years in prison.

In recent years, gay Jamaicans, including prominent activists, have been stabbed, beaten and shot, sometimes to the chants of crowds. Gay and lesbian organizations have condemned the violence, with some calling Jamaica the most homophobic place on Earth.

Calls by human-rights groups for the government to rein in the violence have been rebuffed by top government leaders, and the country's prime minister has said his government will not be pressured into changing its anti-homosexual laws.

Immigration Judge Kenneth Josephson, who heard Bromfield's claims, rejected them, saying the violence was random and did not rise to the level of persecution.

Bromfield, again acting on his own, appealed to the Board of Immigration Appeals, which agreed with the judge.

The Northwest Immigrants Rights Project appealed the case on Bromfield's behalf to the 9th Circuit, where a three-judge panel this week remanded it back to the immigration court.

Adams said his client, still in detention, will now have to demonstrate to the immigration judge that, by virtue of being gay, it is "more likely than not that his life or freedom would be threatened" if he returned to Jamaica.

Lornet Turnbull: 206-464-2420 or lturnbull@seattletimes.com