Circuit Admonishes Immigration Judge for Gay Stereotypes

A panel of the Second Circuit Court of Appeals criticized immigration Judge Alan Vomacka for "inappropriate remarks--which included gratuitous comments on the petitioner's sexuality, as well as unfounded speculations about homosexuals in general..." in a decision published this week. The panel was so disturbed by IJ Vomacka that they ordered a new hearing before a different immigration judge.

The petitioner was an asylum seeker from Guyana who added sexual orientation claims to his asylum application late in the game, which would surely bring into question his credibility. The decision of the IJ was so strange in parts, however, that it went far beyond the typical skepticism that an IJ would have towards an asylum seeker in this position.