Indonesian trans woman's asylum case reopened

Michelle Saraswati, a transsexual woman who was arrested in August in San Francisco and faced immediate deportation to her native Indonesia, has won the right for her asylum case to be reopened, according to a September 20 ruling by the U.S. Board of Immigration Appeals.

Saraswati, 40, who has been held in the Santa Clara County jail since her arrest, is an architect who came to San Francisco on a temporary work visa that expired 2001. Under the name Michael Setiabudi she then applied for asylum based on the violence and persecution she faced as an effeminate gay man. The application and subsequent appeal were both denied by the Board of Immigration, and Seitabudi decided to stay in the United States.

In the interim, according to a sworn statement, Seitabudi “started thinking more about the fact that I have always identified as a very feminine person. I also started to realize that I was actually not very attracted to gay men or comfortable in gay male relationships, and found myself much more attracted to heterosexual men.” She medically and legally transitioned to Michelle Saraswati under the guidance of the Tom Waddell Clinic beginning in 2005.

As her original asylum case was based on sexual orientation, Saraswati’s only hope for reopening her case was to argue that her situation had changed drastically as a transsexual woman.

“It is a traditional asylum case, but with unusual facts,” said Saraswati’s attorney Zach Nightingale. “It’s not true to say that transgender asylum is legally novel, but we do need to make a case to the judge and explain why transgender people in Indonesia really have reason to be afraid. The case isn’t over by any means. There is a role for transgender women in Indonesia, which makes this case factually interesting, but that doesn’t mean a professional educated architect can function in her normal life there.”

Although transsexuals do have a role in Indonesian society (known as warias), they are limited to jobs in the entertainment or service sectors, usually as hairdressers and prostitutes.

“I saw Muslim men hit the warias and throw rocks at them,” Saraswati told The Bay Area Reporter. "I also saw how common it was for the men to sexually assault the warias by grabbing at their bodies without their consent. It is widely believed that there is nothing wrong with men grabbing a waria’s body. If I am forced to go back, I know that I will be treated as the other warias are—beaten and sexually assaulted with no one to protect me." Saraswati is also Catholic, which makes her an even more vulnerable target in the predominantly Muslim country.

Concerned friends and allies have been responsible for most of Saraswati’s legal fees, and those interested in contributing or finding out further information can send an e-mail to asylumformichelle@yahoo.com. (The Advocate)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Be the first to comment on this story.

If you would like to submit a comment for posting, please fill out the form above.

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives

View From the Hill: The End of DADT?
Defense Secretary Robert Gates revealed that lawyers are exploring ways to ease enforcement of the military's gay ban, but cautioned that the law doesn't leave much wiggle room. He need look no further than DOD history for a lesson in altering the policy.

Hot Sheet: Week of July 5
When you get back from that big 4th of July barbecue, unwind with Sacha Baron Cohen's Bruno and your favorite B-movie-mocking, basic cable robots.

Hungry Like the Wolf
A master of viola, ukulele, piano, and harp, Patrick Wolf is a music prodigy -- one who, the night before this interview, spit on a cop and got himself arrested.

Soapside: Advocate's Guide to Daytime
Forbes March talks about playing gay, Otalia fans outraged, update on One Life to Live’s Patricia Maurceri’s firing over gay plot point, Phillip Chancellor III big reveal, and Erica Kane goes to Africa.

The Faces of Federal Prop. 8
With the federal challenge to Prop. 8 moving full speed ahead, Advocate.com sits down with the two couples named as plaintiffs in the suit.

Mommy, the Gays Are Coming
After a year of advancements and celebration for gay and lesbian Colombians, the community takes to the streets of Bogota for the country's biggest pride ever.

The Pride of Antwerp
Advocate.com hits the gay-friendly streets of Antwerp with openly gay police commissioner Serge Muyters.

Excerpt: Mean Little Deaf Queer
In an excerpt from her humorous and harrowing new memoir, Mean Little Deaf Queer, Terry Galloway recalls her early childhood, describing feelings of ugliness, confusion about gender, and being one of the boys.

Top Political Blogs
From Joe.My.God to The Daily Beast, Advocate.com spotlights a few of the best blogs that cover politics, inside and way outside the Beltway.

The Diva of French Television
A hot young screenwriter who has made gay OK for millions of French viewers, Nicolas Mercier sips champagne, dons a feathered hat, and says he wants to see Colin Farrell and Jude Law go at it.