BI issues deportation order against Pemberton

US Marine Lance Cpl. Joseph Scott Pemberton mugshot (Photo courtesy of Olongapo City Police)

MANILA — The Bureau of Immigration (BI) has issued a deportation order against American soldier Joseph Scott Pemberton, who is the prime suspect in the death of Filipino transgender Jeffery “Jennifer” Laude in October 2014.

In a five-page resolution, the BI Board of Commissioners issued the deportation order against the foreigner for undesirability.

“Wherefore, we find respondent Joseph Scott Pemberton, American national, to be an undesirable alien and order his deportation, subject to the issuance of a clearance from the Regional Trial Court, Branch 74, Olongapo City and other appropriate government agencies,” said the resolution dated Sept. 16, 2015.

The order also included the name of the foreigner in the bureau’s blacklist which bars him from reentering the country.

The BI also cited the testimonies of Mark Clarence “Barbie” Gelviro before the Senate hearing and Elias Galamos, the cashier of the Celzone Lodge, Olongapo City, and the finding of probable cause by the City Prosecutor and Regional Trial Court, Branch 74, Olongapo City.

“In deportation cases, even an iota of evidence showing that an alien is unfit to remain in the country is sufficient.

Considering all the attendant circumstances: (1) Gelviro’s statement before the Senate hearing is credible, clear, and consistent as he directly and categorically narrated how, when, and where Respondent murdered Laude; (2) Elias Galamos, the cashier of the lodge, corroborated Gelviro’s statement. He allegedly saw Pemberton walk out of the room and leave the lodge less than an hour after they checked in; (3) the finding of probable cause by the Office of the City Prosecutor of Olongapo City; (4) the finding of probable cause and issuance of a warrant of arrest by the regional Trial Court, Branch 74, Olongapo City – is to our mind more than an iota of proof of his undesirability,” the decision added.

The decision stemmed on the case filed by the BI’s Law Division against Pemberton for posing a risk to public interest (undesirability) and included his name in the bureau’s watch list on Oct. 26, 2014.

Pemberton is detained at the Armed Forces of the Philippines headquarters in Quezon City.