Govt must pay for repatriating remains of undocumented OFWs, says Bayan HK chair

 

Lina Realiza was finally brought home on Oct 10, 18 days after she succumbed to heart attack

Philippine laws explicitly provide that the government must shoulder the cost of repatriating the remains of undocumented overseas Filipino workers, according to Bayan Hong Kong and Macau chairperson Eman Villanueva.

Villanueva made the statement in a Facebook post on Friday, Oct 16, in the wake of a controversy that erupted after The SUN reported that it took a community of friends to raise the HK$42,000 needed to repatriate the remains of Lina Doculan Realiza, who died a few weeks after losing a bid to overturn Hong Kong Immigration’s rejection of her asylum application.

DETAILS HERE

According to Lina’s daughter Grace, she personally appealed to the Overseas Workers Welfare Administration office in Hong Kong for help, but was told that they could not cover the cost of repatriation. The most they could expect to get was Php20,000 in burial assistance, but even that would take time.

Lina’s body was flown home on October 10, more than a month after a cardiac arrest left her comatose in hospital. She never regained consciousness until she passed away on September 22, aged 52.

PINDUTIN ITO PARA SA DETALYE

By then, she had spent more than 23 years working as a domestic helper in Lebanon and Hong Kong. A failed claim against her employer who terminated her contract resulted in Lina overstaying her visa in 2023, then filing for non-refoulement or asylum in September 2024.

Meanwhile, a few hours before Lina was to be laid to rest in her hometown of Sta. Maria, Pangasinan on Thursday, representatives from the Overseas Workers Welfare Administration visited her wake and presented two cheques totaling Php50,000 to her family.

2 OWWA checks amounting to Php50,000 in total were handed to Lina's family on day of her burial 

DMW Secretary Hans Cacdac has also reached out personally to the deceased’s daughter, Grace, but it is unclear as of this writing whether further financial help would be extended.

But Villanueva and his fellow migrant rights advocates said this is not enough, as several laws, including the so-called Magna Carta of Labor Law (Republic Act No. 8042 (as amended by R.A. No. 10022) specifically provide that “if an OFW becomes undocumented (irregular), the Philippine government will fully shoulder the cost of repatriating their remains.”

Basahin ang detalye!

Even the more recent Department Order 02/2025 of the DMW which specifies the use of its Aksyon (Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan) Fund provides that the burial or cremation and/or shipment of remains of an undocumented OFW can be funded from the Fund.

Dolores Balladares, chairperson of Unifil-Migrante, also released a statement criticizing the failure of the Philippine Consulate, the DMW and OWWA to help Lina, despite boasting of the millions of pesos they have handed out to distressed migrants through the Aksyon Fund, and spending hundreds of thousands of dollars on events at Chater Road.

DMW photo shows how much was distributed to 42 OFWs from the Aksyon Fund

“Hindi usapin kung may dokumento o wala ang ating kababayan, may Assistance to Nationals, may Migrant Workers Office, nasaan ang DMW & OWWA Combined Budget: ₱11.745 billion, ang OWWA Allocation funds na ₱4.2 billion (supporting emergency repatriation, welfare programs like Alagang OWWA, at worker caravans) meron pang AKSYON Fund & Emergency Repatriation,” said Balladares.

(It does not matter if our fellow Filipino is documented or not. There is Assistance to Nationals, Migrant Workers Office…where is the combined budget of DMW & OWWA of Php11.745 billion? The OWWA Allocation Fund worth Php4.2 billion? There is also the AKSYON Fund and emergency repatriation).

Both Villanueva and Balladares took exception to their being clapped back by fellow OFWs argued that  OWWA benefits only accrue to those with updated OWWA membership, meaning, they must be documented OFWs. They also said OWWA is not the agency tasked with repatriation.

Eman says the Phl govt has full responsibility to cover repatriation costs of undocumented OFWs

Villanueva said this is not entirely true. "The family of an OFW who was not an OWWA member at the time of death “is still fully covered for the free repatriation of the remains back to their home province, but they may not be entitled to the standard OWWA financial death benefits (Php100,000 in case of natural deaths and Php200,000 in case of death due to an accident) and burial grants (Php20,000),” he said.

Under the Emergency Repatriation Fund granted to OWWA under Republic Act No 8042 (as amended by RA 10022), OWWA is also obliged to advance the costs of repatriation if the employer or local manning or recruitment agency fail to perform their primary oblication of bringing home a deceased worker’s remains.

If the deceased OFW is undocumented, the Philippine government should fully shoulder the cost of repatriating their remains, said Villanueva. This can be done through the DMW’s Aksyon Fund or the Department of Foreign Affairs’ Assistance to Nationals Fund.

But while funding is covered by either Department, OWWA is mandated to work with DMW personnel to meet the remains upon arrival in the Philippines, and transport the same to the OFW’s hometown.

In any case, said Villanueva,  it is clear that the grieving family of an undocumented OFW who dies in the workplace should not be burdened further with having to scrounge around, or beg for help, in bringing home the remains of their loved one.

 

12 weeks’ jail for stealing $24K necklace

The Latitude, where the theft was committed (Google Maps photo)

 

A Filipina was jailed for 12 weeks by the Kowloon City Court after pleading guilty to stealing a branded necklace worth $24,000 from her employer.

Acting Principal Magistrate Cheng Lim-chi handed down the sentence last Friday (October 16) to Julie Ann Banate, 32 years old, who had earlier confessed to stealing one gold Van Cleef & Arpels necklace owned by Nitcha Tippinyu.

DETAILS HERE

The sentence was what remained after a one-third discount was deducted from the starting point of 18 weeks as credit for her guilty plea.

Banate was convicted of theft, contrary to section 9 of the Theft Ordinance, for the offense committed between August 1, 2020 and September 16.2026 at their flat at The Latitude, on Prince Edward Road East, Kowloon.

PINDUTIN ITO PARA SA DETALYE

Meanwhile, Alicia Pascual, 43 years old, was returned to jail after failing to apply for bail last Friday on two counts of theft.

She’s set to return before Deputy Magistrate Erica Chong at Eastern Court on December 4 for the next hearing of her case. 

Basahin ang detalye!

In the first case Pascual is accused of stealing five gold rings, six gold bracelets, one gold pendant, one gold necklace, and some gold jewelry valued at a total of $230,000, owned by Yau So-fan, between July 2 and August 10 this year in their flat at Kornhill, Hong Kong.

In the second case, she is accused of stealing $41,500 in cash from Yau’s car inside the Kornhill carpark.

2 DHs set to appeal conviction for illegal work

 

Shatin Court

Two domestic helpers arrested three years ago for illegal work were found guilty and sentenced to 10 weeks’ imprisonment on Friday, October 16.

But they managed to convince the Shatin Court to grant them bail of $5,000 each, pending an appeal at the High Court.

Magistrate Pang Leung-ting convicted Filipina Bambi Gabriel, 44 years old and Indonesian Wakinah, 48, on the strength of the testimony of a prosecution witness and 19 photos and videos he presented to the court showing the two doing the work of shopkeepers in a store near Shek O beach.

“I find PW1 (prosecution witness 1) honest,” the magistrate said, citing his descriptions of the pictures.

DETAILS HERE

The witness, who owned a nearby store and, using his mobile phone, took the photos and videos of the two helpers opening their employer’s store, arranging stocks, putting out the sun shade and serving customers on week days, not on weekends when their employer’s relatives visited.

He then took the photos to the Immigration Department to complain, which led to the helpers’ arrest for working illegally between May 4 and August 25, 2023.

Their employer also lived in the same address.

Gabriel and Wakinah were charged with identical charges of breach of condition of stay, contrary to section 41 of the Immigration Ordinance, and by virtue of Regulation 2 of the Immigration Regulations, which provide that domestic helpers cannot do work other than household chores for their employers at their address

Basahin ang detalye!

Their defense lawyer did not specify the basis for the appeal, but said “special issues” cited by Magistrate Pang in his verdict have raised questions.

During cross examination, he noted, an Immigraton officer admitted that she did not apply for a search warrant or arrest warrant to enter the premises and arrest the two domestic helpers, which rendered the operation illegal.

The officer also admitted that she got permission from the chief immigration officer five hours after the arrest, which rendered the process illegal.

Further, the witness admitted that she rejected the domestic helpers’ request to make phone calls to their employer.

Magistrate Pang also noted that no interpretation service was available, to enable the two to understand their rights.

They also were not informed how the recorded video interview came about, without realizing the questions being asked of them and their answers would be used as evidence in court.

The two are still employed by the same employer.

Migrant rights advocates pay homage to ‘Buhay’

 

Buhay spent more than half of her life fighting for migrants rights

Some of the biggest migrant support organizations in Hong Kong have heaped thanks and praises to Esther “Buhay” Bangcawayan, a case worker for the Mission for Migrant Workers and Bethune House Migrant Women’s Refuge, who passed on from colon cancer on Wednesday, Oct 14.

Buhay, as she was known in the Filipino community in Hong Kong, is remembered for her lifelong commitment to fighting for the rights and welfare of migrant workers, not just in Hong Kong, but in other parts of the world.

DETAILS HERE

Below are some of the published tributes to Buhay from various organizations and Filipino community leaders, extolling her for her service and dedication to advancing the cause of migrant workers.

(Details of the funeral rites for Buhay have yet to be announced.)

  

A proud activist

From Eman Villanueva, chairperson of Bayan Hong Kong and Macau:

We give our highest salute to Esther "Buhay" Bangcawayan, our dearest comrade, fellow activist, and dedicated servant of the people and of the migrant workers in Hong Kong. She passed away today after a long battle with colon cancer at Queen Elizabeth Hospital.

Basahin ang detalye!

Buhay spent more than four decades of her life organizing and helping distressed migrants, mostly women. She was a founding member and leader of the Asian Domestic Workers Union (ADWU), composed of Filipino, Indonesian, Thai, Sri Lankan, Nepalese, and Indian domestic workers.

As a Cordilleran herself, she was deeply immersed in the Cordilleran migrants’ community in Hong Kong. She is known to her peers in BIBAK Hong Kong, Cordillera Consultative Council (CCC) and later with Cordillera Alliance (CORALL). Buhay was a key figure in organising the first ever Cordillera Day in Hong Kong which became an annual commemoration of the bravery and heroism of Macli-ing Dulag and to carry forward the struggle for land, life and resources of the Cordilleran people.

Speaking at a Cordillera event

Years later, she helped organize migrant workers in Korea and Macau as part of her work with the Asia Pacific Mission for Migrants (APMM). Buhay was also instrumental in setting up the Filipino Migrant Workers' Union (FMWU) chapter on Chater Road, Hong Kong.

Between her organizing work, Buhay served as a regular volunteer case officer at the Mission For Migrant Workers (MFMW) and as a full-time staff member of the Bethune House Migrant Women's Refuge.

Known for her fierce and relentless pursuit of justice for victims of abuse and exploitation, Buhay has personally accompanied and empowered countless distressed migrants in engaging with officials of the Philippine, Indonesian and Hong Kong governments.

At a dialogue with Consulate officials and victims of illegal recruitment

As one of the senior case officers, she not only assisted migrant workers in their legal battles, but also trained migrant domestic workers to become welfare officers of their own organizations and mentored student interns at the MFMW to become volunteer case officers like herself.

Buhay happy to dance with fellow women
and migrant rights activists
Daisy Mandap, Cynthia Tellez and Edwina Antonio 

For many of us, Buhay was a migrant leader, an organizer, a case officer, and a trainer all rolled into one — a true migrant activist and internationalist who dedicated most of her life to the service of others, irrespective of nationality.

As we bid goodbye to you, our dear Buhay, let us honor your legacy by following your example and committing ourselves to serve the people until our very last breath.

Farewell, kasama… rest in power. You will stay forever in our hearts. You will be missed but will never be forgotten.

Long live the memory of Buhay! 

 

With her APMM family (Eman is at rightmost, with clenched fist)

From the Asia Pacific Mission for Migrants:

You have led a life of service, dedication and love for grassroots migrants and this is proven by the flooding of beautiful, heartfelt messages for you from so many migrants and friends whose lives you have touched.

We would like to add to these messages for you because long before you joined the Asia Pacific Mission for Migrants (APMM) in the late 1990s, you have always been there organising, building solidarity and standing side by side migrants.

In the early 1990s, you were one of the founding members and leaders of the Asian Domestic Workers Union (ADWU), a Hong Kong-based union of Filipino, Indonesian, Thai, Sri Lankan, Nepalese and Indian domestic workers. A few years after, you helped in forming the Asian Migrants Coordinating Body, also a Hong Kong-based network of migrant worker organisations of different nationalities (Filipinos, Indonesians, Thais, Sri Lankans, Nepalese, and Indians).

Buhay (leftmost) celebrates a court victory with victims of illegal recruitment

When you joined the APMM, you became our Welfare Program and Women’s Program Officer. During this time, you supported Filipino migrant workers in South Korea in forming KASAMMAKO, one of the largest, longest-existing alliances of Filipino migrant worker organisations there. When you became Coordinator of APMM’s programs in Macau, you supported the formation of migrant workers organisations there.

Buhay and other Bethune House case workers get service award from MFMW Board

After your stint with APMM, you did not stop in organising and supporting migrants’ causes. You went on to serve migrant domestic workers in Hong Kong as part of the Mission For Migrant Workers and the Bethune House Migrant Women’s Refuge.

You never wavered in your dedication. You never for once declined to assist a migrant in distress. You were always there for them, offering a hand to help, breaking a smile to brighten their day, and shedding a tear with them.

Your name, Buhay, is Tagalog for life. And your name indeed describes you and your life – committed to serving migrants and the people, working towards achieving justice, and making this world a better place for all.

In support of Mary Jane Veloso, an OFW originally sentenced to life for drug trafficking

You will be missed, Buhay. Your name is etched not only in our hearts, but in the history of APMM and in the migrant movement.

Highest honor and salute, Buhay, our sister in struggle!

 From Unifil-Migrante Hong Kong:

 

As panelist in campaign to stop violence against MDWs like Kartika from Indonesia

PASASALAMAT at PAGPUPUGAY

KAY ESTHER "BUHAY" BANGCAWAYAN

Mula sa United Filipinos in Hong Kong (UNIFIL-MIGRANTE), ang aming taus-pusong pakikiramay sa mga naulilang pamilya, kamag-anak, kaibigan at mga kasama ni Esther “Buhay” Bangcawayan!

Buong-puso at pinakamataas na paggalang at pagpupugay ang ipinapaabot ng buong kasapian ng UNIFIL-MIGRANTE-HK kay “Buhay” sa apat na dekada ng kanyang walang pag-iimbot na paglilingkod sa mga migranteng manggagawa di lamang sa mga Pilipino kundi maging sa ibang lahi sa Hong Kong.

Sa loob ng mahigit apat na dekada, pinatunayan niya ang kahulugan ng kaniyang pangalan—isang buhay na inialay para sa kapakanan ng iba. Bilang case officer ng Mission for Migrant Workers, marami siyang hinawakan na mga kaso ng mga migrante at sa kabila ng mga limitasyon hindi ito naging sagabal kay Buhay para tiyakin na mabigyan ng hustisya ang mga biktima ng pang-aabuso, pagsasamantala at diskriminasyon na kinaharap ng mga migrante. Nanatili siyang matatag na takbuhan at nagsilbing inspirasyon at lakas ng paglaban.

Celebrating her birthday in 2024 with her MFMW and Bethune House sisters

Gumampan din si Buhay ng gawaing solidarity sa ilalim ng Asian Domestic Wokers Union at Asian Migrants Coordinating Body. Nagsilbi bilang haligi sa union at alyansa upang ipaglaban ang pagtaas ng sahod, two-week rule, regulasyon sa oras ng trabaho, malalang dikriminasyon at makataong pagtrato sa mga dayuhang manggagawa sa Hong Kong hanggang sa antas polisya at batas.

Nag-iwan si Buhay ng ehemplo ng walang katulad na tapang laban sa mapang-aping sistema, kaalinsabay ng isang mapagkalingang puso para sa mga nangungulila at nasasaktan. Ang kaniyang laging sinasambit na "Sulong, Padayon!" ay patuloy na umaalingawngaw sa puso ng bawat migranteng natuto sa kaniyang prinsipyo.

Ang kaniyang pisikal na paglisan ay nag-iiwan ng malaking puwang, ngunit ang kaniyang dakilang legasiya ay mananatiling buhay.

MABUHAY KA, BUHAY! Rest in Power and Peace!

 

Grateful MFMW clients visit her in hospital

From Joanna Concepcion, Migrante International Chairperson

Ate Bu Esther C Bangcawayan

Ito na ang huling litrato natin. Nag aayos kami ni Ate Carnay Janette ng mga ayuda para sa mga Taipo fire victims at napadaan ka. Ang taas ng energy mo nung araw na yun, hindi ako makahabol Ang dami pa nating mga biruan at tuwang tuwa ako na makita kang masigla sa gitna ng paglaban mo sa kanser. Ikaw ang nagsabing magpapicture tayo, at ng pinakita ko sayo, laking ngiti mong sinabi "ang ganda ganda ko dito!". Tama ka te, you were truly a beautiful soul. Ayun, sa huli pinaalala ko sayo mga pagkain na dapat iwasan mo pero dahil stubborn ka nga, nag give in na ako haha alam kong munting kasiyahan mo yun.

Joanna (left) and Buhay share a happy moment with Bethune's Janette Carnay

Marami pa akong kwento pero mabigat pa magsulat. Isang karangalan na nagkaroon ng pagkakataon makasama ka sa mga kampanya para ipaglaban ang karapatan ng mga OFWs.

Maraming maraming salamat at nakilala ka, for our friendship and for your unwavering committment to serve migrants in Hong Kong. Kulitin mo kami nina Vicky Casia Sunny Winter Flowers Nida sa panaginip namin.

Paalam Ate Bu.

Mahal kita. Mahal ka namin

 

 

 

 

Overstayer , asylum seeker among 15 arrested in anti-illegal work raids

File footage of an anti-illegal work operation

A total of 15 people were arrested in the latest anti-illegal work sweep led by officers of the Immigration Department, from October 9 to 15.

Twelve of those arrested were suspected illegal workers, including an asylum seeker; one who was found to have overstayed his visa, one suspected employer and the other, an aider and abettor.

They were rounded up in multiple raids across the city that targeted restaurants, retail stores, industrial buildings and other known hotspots for illegal work.

DETAILS HERE

The suspected illegal workers comprised eight men and four women, aged 20 to 54. One of the men held a recognizance paper which prohibits him from taking up work, paid or unpaid.

The arrested overtayer was a man aged 43. One woman aged 47 was identified as an employer, while another woman aged 28 is suspected to be an aider and abettor.

Immigration warns that illegal work is a serious offence in Hong Kong, which carries the maximum penalty of two years in jail and HK$50,000 fine.

Basahin ang detalye!

Overstayers and asylum seekers found engaged in illegal work face the higher penalty of up to three years in jail and HK$50,000 fine.

Aiders and abettors are held equally liable, while employers could be jailed for up to 10 years and fined a maximum of HK$500,000.

Immigration said an investigation into the suspected illegal employment is continuing, and the possibility of further arrests is not ruled out.

To report illegal employment activities, please call the dedicated hotline 185 185, fax at 2824 1166, email anti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

 

Pinay admits conspiracy to defraud Immigration, sentencing postponed

Shatin Magistrates Court

A Filipina pleaded guilty today at Shatin Court to conspiring with persons unknown to defraud the Immigration director into giving her an employment visa by submitting a fake contract, but her sentencing was postponed to December 8.

Josephine Soberano, 38 years old, was thus freed on bail of $1,000  by Magistrate Raymond Wong, with conditions such as not leaving Hong Kong until the next hearing.

DETAILS HERE

Soberano was charged with conspiracy to defraud, contrary to Common Law and sections 2(3) and 4(2) of the Criminal Jurisdiction Ordinance  and punishable under section 159C(6) of the Crimes Ordinance.

The conspiracy took place between an unknown day in April 2022 and May 21, 2023.

She allegedly conspired, with other persons unknown, to defraud the Director of Immigration and his officers by making it appear that she would work for Li Sin Ting as a domestic helper.

Basahin ang detalye!

She allegedly did this by “dishonestly and falsely representing to the Director and his officers that your entries to and remaining in Hong Kong were for the purpose of working as a domestic helper of Li Sin Ting and thereby to induce the said Director and his officers to act contrary to their public duty, namely to grant permission to enter and remain in Hong Kong under circumstances which they would not otherwise have granted.”

 

 

DMW reports taking down 250k online recruitment scam posts

 

DMW USec Darlene Pajarito (in blue) presented the Phl initiatives at the forum

The Department of Migrant Workers said it has helped take down about 250,000 online posts of recruitment scams over the past six years, through partnerships with social media platforms Meta (for Facebook) and TikTok Philippines.

The Department made the announcement at the 19^th ASEAN Forum on Migrant Labour (AFML) held from Oct. 14 to 15 in Pasay City.

A statement issued by the DMW said that during the summit, countries from Southeast Asia pushed for stronger cooperation against online recruitment scams and other fraudulent scheme targeting migrant workers.

Basahin ang detalye!

Online recruitment has become the bane of most countries sending their workers abroad, with the opening of new overseas markets and the proliferation of unlicensed recruiters offering fake juicy posts while hiding beneath glossy posters and layers of murky identities.

The scam is even more prevalent in places where there are migrant workers who have better means to pay the hefty fees charged by recruiters, and are easily lured to go cross-country with promises of better pay and working conditions. The ease of transferring money across territories has compounded the problem.

A DMW warning against immigration consultancies that falsely offer jobs online

Presenting the Philippines initiatives was DMW Undersecretary Darlene Pajarito, who said the government, social media platforms and other stakeholders must work together to protect jobseekers.

“We cannot work in silos. That’s why we also forged many memoranda of agreement with concerned agencies, published materials for public awareness, and took down fraudulent job posts through our partnership with Meta and TikTok Philippines,” Pajarito said.

The session, moderated by Souksakhone Siharaj, Deputy Director of the Ministry of Labour and Social Welfare of Lao PDR, examined fraudulent job offers, online recruitment platforms and how they can be regulated to prevent scams.

The forum also tackled migrant workers’ access to protection, support and legal remedies when they fall victim to recruitment fraud and other forms of exploitation.

One of the participants, Kongseng Piengpanya of Village Focus International, urged ASEAN stakeholders to turn their discussions into concrete measures to protect vulnerable migrant workers.

“I hope that this 19th AFML will find the good rules, the constructive recommendations, and then lead to actions in the future to provide appropriate protection for migrant workers, who may also be vulnerable to scams,” Piengpanya said.

Participants also reviewed regional efforts to promote safe migration and decent work, and called for sustained cooperation among governments, employers, workers’ organizations and civil society.

 

 

High Court cuts Pinay’s sentence in drug case

 

The High Court, where the Court of Appeal holds sessions

The Court of Appeal has reduced the sentence of a Filipina asylum seeker who appealed after being convicted in 2022 of attempted drug trafficking for claiming a shipment of 4,924 grams of methamphetamine hydrochloride (ice  or shabu) worth $2.7 million during a controlled delivery watched by Customs officers.

The sentence of Nellie Pangosban, 40 years old, was reduced by one year and five months to 16 years and five months, in a decision handed down Tuesday (Oct. 13) by acting Chief Justice Andrew Macrae and Justice of Appeals Kevin Zervos.

The new sentence was in accordance with new sentencing guidelines set in March 2025. “As has been repeatedly made clear, if the revised guidelines are found to be applicable to an appellant, the Court is required to sentence afresh…,’ the decision said.

Pangosban pleaded guilty before a magistrate on August 1, 2022 to a charge of attempted trafficking in a dangerous drug involving 4.960 kilos of a crystalline solid containing 4.924 kilos of ice, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance and section 159G of the Crimes Ordinance.

Basahin ang detalye!

She confirmed her plea on August 1, 2023 before Deputy High Court Judge Douglas Yau and was sentenced to 17 years and 10 months’ imprisonment, consisting of a starting point of 26 to 30 years’ imprisonment, enhanced by 6 months for the aggravating factor of the appellant’s status as a Form 8 recognizance holder, and was reduced by one-third for the appellant’s guilty plea.

After her appeal, her sentence was reduced to 16 years and 5 months’ imprisonment, consisting of a starting point of 23 years and 11 months’ imprisonment, which was enhanced by 9 months and reduced by one-third for her guilty plea.

Explaining the longer enhancement, the two justices explained that committing “a serious criminal offence while permitted to remain in Hong Kong on recognizance constitutes, in a general sense, a breach of trust, involving a grave abuse of the city’s hospitality and a breach of conditional liberty attaching to the status of a claimant while awaiting the outcome of his or her immigration or torture claim.”