UPDATE, MAY 16, 2011 – About 35 people gathered at the offices of the Ontario Public Service Employees Union on Wellesley St in Toronto on May 15 to organize a plan to prevent the deportation of queer Toronto artist and advocate Alvaro Orozco.

Orozco has been held at the Toronto Immigration Holding Centre in Rexdale since he was picked up by Toronto police at Ossington Station on May 13. He is scheduled for a detention review hearing on Tuesday, May 17. Orozco has been living in Toronto, illegally, under a deportation order since October of 2007. So it is not likely that he will be released at the hearing. He may be deported immediately to either Nicaragua or the US, or he may be held pending travel details or the outcome of an outstanding Humanitarian and Compassionate Considerations application filed on his behalf. He faces imprisonment in the US and threats against his safety in Nicaragua.

Immigration Minister Jason Kenney has the authority to grant that application. Orozco’s fate rests in his hands.

“Detention review depends on how well the community is able to access the minister’s ear,” says Toronto immigration lawyer and human-rights activist El-Farouk Khaki. “I actually think that Alvaro has a really good humanitarian compassionate grounds application. His work in the community, his socialization, the advocacy work, his work as an artist, I think speak well for themselves. Somebody has to listen.”

Khaki represented Orozco for his second preremoval risk assessment process and prepared the Humanitarian and Compassionate Considerations application for him, but detention reviews are not his area of expertise.

“Everything that was legally available in terms of process, we have done,” says Khaki. “I represented him for two applications; other lawyers have done other applications for him. At this point, ultimately the minister still has jurisdiction to step in.”

“Ideologically speaking, you would think that when Minister Kenney gets to know the real story that he would do the right thing,” says community advocate Suhail Abualsameed. “If it’s out there and if he knows what’s happening, then he will feel compassionate enough to do it.”

Abualsameed organizes the Newcomer and Immigrant Queer Youth Project at Supporting Our Youth (SOY). He first met Orozco in 2007 and has worked with him ever since.

“He’s gone through a lot and has been through this situation many times in the last 12 years,” says Abualsameed. “He’s very resilient, he’s very nervous and anxious. At the same time he’s resigned to the fact that whatever will be will be. So, his demeanour is comfortable at times and sometimes he overthinks things.”

Abualsameed and Khaki say one way for community members to help is to contact Immigration Minister Jason Kenney . Urge Kenney to grant residency to Orozco based on his Humanitarian and Compassionate Considerations application. If you know Orozco personally, telling Kenney about his contributions to Toronto’s gay community and the dangers facing him if he is deported are likely to be most helpful.

Secondly, join the Let Alvaro Stay Facebook page . There you will find details about other upcoming events and more ways you can help as they emerge.

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MAY 15, 10:15am – Gay artist Alvaro Orozco was arrested in Toronto on Friday, May 13.