BI orders Pemberton’s deportation but…

Lance Corporal Joseph Scott Pemberton. File Photo from Olongapo City Police

THE Bureau of Immigration (BI) has issued a deportation order for Private First Class Joseph Scott Pemberton who is facing trial for the murder of Filipina transgender Jennifer Laude.

In a five-page resolution released Tuesday, the BI said Pemberton is “a risk to public interest for being an undesirable alien.”

But the BI clarified that Pemberton will only be deported once his murder case has been resolved.

The BI based its resolution on the filing of murder case against Pemberton.

Citing a memorandum dated Nov. 24, 2014, the BI said “a foreign national is undesirable if he commits an act constituting a criminal offense punishable by imprisonment of one year or more.”

“In this case, respondent was charged before the Regional Trial Court, Branch 74, Olongapo City for the crime of murder. Obviously, such serious criminal offense carries a penalty of more than one year. Thus, the case of Pemberton falls within the ambit of the said Operations Order. He is therefore presumed to be undesirable,” the resolution stated.

While Pemberton is still presumed innocent considering that the court has yet to rule on the evidence presented by the both parties to the murder case, the BI said in deportation proceedings, “even an iota of evidence that an alien is unfit to remain in the country is sufficient.”

Upon deportation, he will be included on the BI’s blacklist.

Meanwhile, counsel for the Laude family, Atty. Harry Roque, said the BI’s resolution is a welcome development.

“It was at the instance of the Laude family that he was made subject of deportation proceedings. It proves that he is indeed an undesirable alien arising from the killing of Jennifer,” Roque said in a statement.