A federal judge ruled that a second Upstate hospital staffer will be deported to Ecuador to pursue his claim for asylum.
Yannier Vazquez Hidalgo, who was detained with his husband Alex Ramirez Gonzalez in October, will now have to pursue his claim for asylum in Ecuador despite having no connections to the country.
His lawyer, Irma Ramirez, argued that Vazquez Hidalgo would face discrimination in the country of Ecuador because of his status as an LGBTQ+ community member, but the federal government’s lawyer, Nicholas Bussi, argued was speculation.
Vazquez Hidalgo said he does not know how he would survive in the country because he has no family or friends there. However, Judge Brian Counihan ruled that Vazquez Hidalgo’s case did not meet the burden of proof for asylum. The judge said Vazquez Hidalgo unlawfully crossed the southern border of the U.S. in July 2021. The family of the couple said they came to the U.S. under the Biden administration when different rules and guidelines were in place.
“The respondent’s last entry into the United States was without inspection,” Counihan said.
While the judge said he is sympathetic to the case, he said he still must abide by immigration law. Counihan said there is not a reasonable belief that Vazquez Hidalgo will face discrimination or danger in Ecuador.
After denying asylum, Counihan denied Vazquez Hidalgo’s request for continuation of his claim under the habeas corpus petition, which is filed when a person has been detained for a long period. The judge said the court is not willing to continue the case because the case should be handled “expeditiously.”