US court dismisses Bolante's habeas corpus petition anew

CHICAGO, Illinois - The attempt of former Philippine agriculture secretary Jocelyn "Joc-Joc" Bolante to shield himself from persecution was again junked by a US court. GMANews.TV on Sunday learned that the United States District Court for the Eastern District of Wisconsin in Milwaukee had dismissed the petition for a habeas corpus filed by Bolante last August 15. Habeas corpus is a legal action by which an individual can seek relief from unlawful detention. Bolante has been detained at the Kenosha County Detention Center in Wisconsin for the last two years after fleeing the Philippines when the fertilizer scam broke out. Bolante became controversial in the Philippines after he was alleged of being the “main architect" of the scam in the P728-million fertilizer fund that reportedly did not benefit poor farmers but went to the 2004 presidential campaign kitty of Gloria Macapagal Arroyo. Earlier, the US Court of Appeals for the Seventh Circuit in Chicago turned down Bolante’s petition for review of his asylum claim. In the August 27 nine-page decision penned by Judge William J. Bauer, the court ruled that Bolante “cannot meet his burden of proof on his asylum claim, (thus) withholding of removal (deportation) claim must fail a fortiori." In his latest petition, Bolante invoked the Boumediene argument that was upheld by the US high tribunal last June, rendering the provisions of U.S.C. § 1252 or Title 8 on Aliens and Nationality of the US Code impacting habeas review as unconstitutional. The argument was used by Lakhdar Boumediene, a citizen of Bosnia and Herzegovina, held in US military detention for six years at the Guantanamo Bay detention camp, who won a Supreme Court ruling asserting his habeas corpus right three months ago. However, last September 3, U.S. District Court Judge Charles N. Clevert, Jr in Milwaukee issued an order dismissing Bolante's habeas corpus plea “for lack of jurisdiction pursuant to 8 U.S.C. § 1252." On Oct. 18, 2006, Judge Lynn Adelman of the same court also dismissed Bolante’s petition for habeas corpus “for lack of subject matter jurisdiction." Return to RP In an interview with GMANews.TV Sunday afternoon, lawyer Harry Roque Jr said Bolante had already run out of legal basis to stay in the US and avoid being deported. "Dapat na siyang umuwi dito sa Pilipinas at harapin ang katotohanan (He has to go back to the Philippines and face the truth)." "Hindi remedy ang habeas corpus... hindi ito ground lalo na kung for purposes of removal. Ibig sabihin lang nito, wala na talagang siyang legal basis para labanan ang deportation. (Habeas corpus is not a remedy...it can't be a ground especially if it is for the purposes of removal. This means that he has no more legal bais to fight deportation)," said Roque. Earlier, Ombudsman Merceditas Gutierrez advised Bolante to return to the Philippines to face the accusations thrown against him. Gutierrez said it would be proper for Bolante to appear before the appropriate investigating bodies to explain his side on the so-called fertilizer scam, which is one of the scandals that have dogged the Arroyo administration. "For example, if people have doubts about him, I would suggest that he return here and face the consequences. If I am charged with something, I will face those who accuse me," she said. The opposition and some civil society groups have claimed that the Ombudsman is sleeping on the case of Bolante, who is said to be close to Jose Miguel Arroyo, husband of President Arroyo. Ms. Gutierrez, a former classmate of Mr Arroyo, denied the allegations and maintained that her office was continuously investigating the fertilizer scam. "That (Bolante’s case) is still subject to investigation. It has not reached my level yet. The case is still with our people on the ground," Gutierrez said in Filipino. - JOSEPH G. LARIOSA, with reports from Aie Balagtas See, GMANews.TV