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For the past 17 years, The Filipino Express has provided the Filipino American community the best news, arts and entertainment coverage from around the United States and the Philippines.
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This website includes selected articles from this week's edition of the Filipino Express. Not all the stories published in the printed version appear on this site.
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Lawsuit alleges immigration discrimination
due to wife’s sex change operation
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TRANSSEXUAL COUPLE Jiffy Javenella, 27 and his wife, Donita Ganzon, 58, at their Los Angeles home. Javenella married Ganzon who had a sex change.
AP Photo
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Los Angeles, CALIFORNIA, December 3, 2004 --- A Filipino couple filed on Monday a lawsuit against the US government after the wife denied permanent US residency because she had a sex change operation, the Filipino Express learned.
Jiffy Javenella, 27, now faces deportation,challenged the US government in court over the immigration status of married transsexuals. Experts said the couple’s lawsuit is a landmark case in the US.
US officials said, in an Associated Press report, the 1996 Defense of Marriage Act was the reason for the rejection.
Javenella’s wife, Donita Ganzon, 58, was granted citizenship in 1987 — six years after her sex change operation — and given a certificate listed her sex as female, the lawsuit said.
Javenella entered the country as a legal resident as Ganzon’s fiance in 2001, and applied for permanent resident status after the couple married in Las Vegas in the same year.
However, Ganzon revealed — during interviews with immigration agents earlier this year — that she had undergone a male-to-female sex change operation in 1981. The Bureau of Citizenship and Immigration Services (BCIS) rejected Javenella’s application and revoked his working papers three weeks later.
The Department of Homeland Security, the AP report added, wrote Javenella a letter, saying, “currently no federal statute or regulation addresses specifically the question whether someone born a man or a woman can surgically change his or her sex.”
The letter also cited that BCIS “disallows recognition of change of sex in order for a marriage between two persons born of the same sex to be considered bona fide.”
Aside from the Filipino couple, there are other two other cases nationwide filed before the Board of Appeals in which an immigrant was denied legal status because of a transsexual marriage, the report said.
The lawsuit names CIS, Attorney General Ashcroft and Secretary of Homeland Security Tom Ridge as defendants.
Philip Abramowitz, the couple’s attorney, said that Javenella is in a “limbo” as he has no alternative at all.”
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A man salvages a bucket from inside his submerged house near a riverbank in Pulilan, Bulacan (MNS)
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MANILA, December 3, 2004 --- As tropical storm “Winnie” left nearly 600 dead and 200 missing, typhoon “Yoyong” slammed into northern Philippines on Thursday, causing more flashfloods and landslides that hamper rescue efforts.
The typhoon was packing winds of up to 220 kph. when it hit Catanduanes and was headed for the main island of Luzon.
The government has suspended ferry services and grounded propeller-driven aircraft, stranding several thousand passengers, the Civil Defense Office (CDO) said.
President Gloria Macapagal-Arroyo has closed schools for Dec. 2 and sent non-essential government staff home at midday. She put presidential helicopters at the disposal of the government rescuers.
The Red Cross said “Yoyong” killed at least one person on Catanduanes. The victim was electrocuted in the provincial capital Virac. About 1,500 people from five other towns on the island fled their homes and sought shelter at government centers
Meteorologists said the typhoon hovered above Catanduanes and was expected to hit the east coast of Luzon.
The eye was expected to pass the storm-battered town of Real with peak winds of 185 kph.
The Air Force and the Navy said air and sea rescue operations for the victims of a storm that hit Real and nearby areas on Nov. 29 were suspended due to the high winds and low cloud cover.
Up to 30 percent of the military’s planes or helicopters have been deployed for typhoon relief, said Air Force spokesman Lt. Col. Restituto Padilla.
Arroyo’s better-equipped helicopters pressed on with a search at the mountain town of Siniloan, 75 kms. southeast of Manila, “to probe and see if we can still conduct even on a limited scale search and rescue and relief operations for our citizens there,” Padilla added.
In northeastern Luzon, small teams of infantrymen set out on foot to deliver food and medicines to hamlets buried by mud or marooned by floods.
Tropical depression Winnie has left more than 600 people dead and nearly 200 others missing, the CDO said.
The center of relief operations is in the three towns of Real, Infanta and General Nakar, a region of about 110,000 people on the eastern foothills of the Sierra Madre mountain range. It accounted for nearly 90 percent of the known casualties.
Small teams of soldiers fanned out to the worst-hit villages and towns on foot, with one team reaching General Nakar before dawn after a 20-hour slog, fording swollen rivers and marching through mud-covered and debris-strewn roads, Padilla said.
“They are carrying some noodles, canned goods and others. If they meet any surviving victims along the way, they will give them relief packs on their way to Real and Infanta,” said local rescue operations director Col. Jaime Buenaflor.
Volunteer rescuers unearthed 97 bloated bodies from a beach house in the village of Tignoan on Real’s outskirts. The victims were buried by mud from a nearby mountain.
More than 100 residents had sought refuge there to escape the rising floodwaters.
“We are digging with spades and our bare hands” because heavy equipment could not get through due to collapsed bridges and roads buried by landslides, said their team leader Mario Nanola.
He and a dozen members of the team temporarily pulled out to fetch food for the other members of the team.
“There are no body bags available. The stench is unbearable,” Nanola said. He said he heard from survivors that more bodies were afloat at the coast.
In the northern mountain resort of Baguio, panicked residents cleared grocery shelves before the arrival of typhoon Yoyong. Long queues were seen at bank cash dispensers.
US, Spain send aid to typhoon victims
The United States will donate $100,000 dollars to the Philippine National Red Cross (PNRC) for relief operations in typhoon-stricken areas, the Department of National Defense (DND) said.
The US Embassy in Manila also assured the Philippine government that US military resources would be used for rescue operations.
“The United States and the American Embassy in Manila are very concerned for the welfare of the people who are suffering from these natural disasters,” the DND statement quoted the US Embassy as saying.
The American government's move came a day after Defense Secretary Avelino Cruz Jr. appealed to foreign governments for aid.
For its part, the Spanish government provided P4.4 million worth of relief goods for the victims of typhoons Unding, Violeta and Winnie.
The aid included water containers and kitchen utensils for villagers displaced by the calamity.
The Spanish Embassy formally handed the donation to Sen. Richard Gordon, chairman of the Philippine National Red Cross (PNRC).
As of last count, the PNRC has received P14.3 million worth of total aid, with P5.5 million coming from the United States and P4 million from the Red Cross.
PNRC officials reported they have already extended assistance to 10,000 displaced families, while almost 20,000 others who also fled their homes were still in need of relief.
RP consulate calls for donations
The Philippine Consul General in New York is accepting donations for the victims of the recent typhoon in the Philippines.
Old clothes, vitamins, blankets and cash/checks donations (payable to PCG-Special Projects, Memo: Typhoon Victims) may be sent to the Philippine Center, located 556 Fifth Avenue, New York, NY 10036, or call (212) 764-1330 ext. 336. ---With reports from MNS.
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NYC Mayor’s office warns potential scams
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NEW YORK, December 3, 2004 --- The New York City Mayor's Office of Immigrant Affairs announced Thursday that the Philippines is among foreign countries [not] qualified for 2006 US Diversity Immigrant Visa Lottery program and warned of deceptive advertisements.
“New York City immigrants need to be well-informed about the Diversity Lottery,” said Guillermo Linares, commissioner of NYC Mayor’s Office of Immigrant Affairs. “Immigrants are particularly vulnerable because of language barriers and their unfamiliarity with U.S. laws. Lottery applicants must be aware of the many eligibility requirements, including whether their country of origin qualifies, and must be careful about how they file applications.”
The other countries not qualified for the lottery this year include Canada, China (Mainland-born), Colombia, Mexico, Pakistan, Dominican Republic, El Salvador, Haiti, India, Jamaica, Russian Federation, South Korea, Vietnam, United Kingdom and its dependent territories.
Linares said some ads may claim the service provider is a notary public or “notario” and will promise to represent you in immigration process or provide legal advice. Notaries are not authorized to do this unless they are also a licensed attorney.
“Never leave original documents such as passports or other identity documents with an immigration service provider. Don't pay to use web sites selling services or claiming they are “accredited” providers,” he said.
The commissioner also noted that there is [no] business or service provider that can guarantee winning.
Selection is random and filers do not get a better chance by paying a higher fee or by using a particular service provider, he said.
Individuals and their family members who receive a green card through the visa lottery program will be authorized to live and work permanently in the United States. A green card allows foreign nationals to live, work legally, travel abroad and return, and bring both a spouse and children to the United States. Green card holders are also entitled to apply for U.S. citizenship.
After a significant change in the program last year, the federal government now requires qualified people to apply for the 2006 visa lottery electronically [only] and no longer accepts paper or mailed applications. The period to apply is from Nov. 18, 2004 to Jan. 6, 2005.
For more information, visit: www.nyc.gov/immigrants. Applicants can also call 311, the City’s 24-hour service information line, to learn how to file applications, or file a complaint regarding potential scams. Operators at 311 can speak 171 languages and are available seven days a week, 24-hours a day.
The Diversity Visa Lottery, administered by the U.S. Department of State, awards 50,000 permanent immigrant visas (or “green cards”) each year to people who come from countries with low immigration rates to the United States.
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A FIL-AM BOOST FOR BRET SCHUNDLER. Fil-Am community leaders, including Francis Sison, from left, Adrian Caballero, Wilson Verzosa, Linda Rupel, Lily Equipado and Millie Hornilla, attend Schundler's early announcement of his 2005 gubernatorial bid on Monday at Harbor Financial Center.
Photo by Manny Cabellero
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Jersey City, NEW JERSEY, December 3, 2004 --- Millie Hornilla went to the Harbor Financial Center on Monday and showed her support to former Jersey City Mayor Bret Schundler’s 2005 gubernatorial bid.
“I think it is about time for the state to have a property tax reform,” Hornilla, 56, said. “With a lower tax, Filipino immigrants will certainly have a greater chance to own a house in New Jersey.”
Like Hornilla, fellow Filipino-American leaders pledged support for Schundler’s priorities.
During the announcement of his intention to seek the Republican Party’s nomination on Monday’s reception, Schundler, who is a former Wall Street trader and a graduate of Harvard University, said he will push for a constitutional amendment that would put caps on state spending and require more money to be returned to municipalities, where it will be spent on education, reducing school’s reliance on property taxes.
“I think the people don’t want bigger state government. People want all of us to have high-quality public schools, and the reason it hasn’t happened is that state politicians have been spending our state tax dollars,” he said.
Schundler has been open about his intention to run for governor since July. According to a report, he has also raised about $400,000 for the primary elections.
Filipino-American Francis Sison said Schundler is the only gubernatorial candidate that has the best qualifications to serve NJ.
“I have known him (Schundler) so well. He has done so many things for Jersey City,” Sison, 53, said. “I’m sure he will also do great things for the entire State. He will do things that will benefit Filipino immigrants.”
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