Former Philippine Charity Sweepstakes Office General Manager Royina Garma | INQUIRER FILE PHOTO
LOS ANGELES – Retired police colonel Royina Garma, the whistleblower who implicated former President Rodrigo Duterte in the investigation into the drug war killings, may apply for asylum in the US, according to an immigration lawyer who had handled asylum cases for former Philippine government officials.
With a canceled visa, Garma was likely detained as she went through immigration upon arrival at the San Francisco International Airport on Nov. 7 and is now undergoing “either an expedited removal or administrative removal proceedings,” according to Washington DC-based immigration lawyer Arnedo Valera.
Garma and her daughter, Angelica Garma Vilela, have been detained in San Francisco, the Department of Justice (DOJ) announced on Tuesday.
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Justice Secretary Boying Remulla said Garma’s US visa has been canceled.
Valera said that upon arrival, all travelers go through primary inspection, where Customs and Border Protection (CBP) officers initially screen passengers.
“If there was an issue with (Garma’s) visa, she would be referred to secondary inspection for further questioning and verification,” he said.
ADVERTISEMENTExpedited removal proceedings
If CBP officers determined that Garma was inadmissible due to the visa cancellation and there were no valid claims for admission, they could place her in expedited removal proceedings, he said.
“This is a streamlined process applied to certain inadmissible noncitizens at ports of entry, primarily for those who have no valid visa or have misrepresented information,” Valera said.
ADVERTISEMENT“Expedited removal allows for quick removal without going before an immigration judge.”
During this time, Garma may have been detained temporarily while CBP officers verified her documents, reviewed her case and made their final determination.
“If she has grounds to contest removal by making an asylum claim, she could request a credible fear interview, which would place her on a different track,” Valera said.
An expedited removal order results in a record of removal, potentially barring reentry to the US for five years or longer, depending on the circumstances.
Asylum
Garma may decide to sign a request for expedited removal or she may apply for asylum, Valera said.
The right to apply for asylum upon arrival at a US port of entry is established under Section 208 of the Immigration and Nationality Act, codified as 8 U.S.C. § 1158.
This law establishes that any individual physically present in the US or arriving at the border has the right to apply for asylum regardless of their immigration status or point of entry.
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