Twice-deported United cockpit suspect granted asylum after transgender persecution claim: DHS

DHS confirmed that Gomez-Alberto was granted asylum by an immigration judge after his third attempted illegal entry into the United States in 2019.

The agency accused him of exploiting weaknesses in the asylum system, noting that he was deported from the U.S. following encounters near El Indio, Texas, in 2011, and Columbus, New Mexico, in 2014.

He was arrested again in 2019 after an attempted illegal entry near San Ysidro, California, and was released from custody in January 2020 pending removal proceedings.

Cockpit breach and asylum claim

Gomez-Alberto was arrested after United Airlines Flight 2174 landed in New Orleans on Nov. 9, following an alleged attempt at a cockpit breach.

He is being held without bond on charges of terrorizing, communicating false information of planned arson, and being a fugitive from justice.

Asylum application details

In an excerpt of his asylum application provided by DHS, Gomez-Alberto checked "Yes" when asked whether he feared harm or mistreatment if returned to his home country.

He allegedly wrote, "I am also afraid that I will be killed--either by private citizens or the police--in both of these countries because I am transgender."

DHS Secretary Markwayne Mullin criticized the system, stating, "This twice-deported criminal illegal alien was allowed into our country because of a weak asylum system that allowed him to game the system."

Response and next steps

Newly obtained emergency radio audio captured authorities' response, with one call stating, "We have him at the back door. The back door has been breached by him."

ICE lodged a detainer with the Jefferson Parish Sheriff's Office on Nov. 10, requesting notification before his release from custody.

The Department of Justice and Jefferson Parish Sheriff's Office did not immediately respond to requests for comment.