SAN JOSE (CBS SF) — A San Jose resident from Russia who is gay and HIV-positive has been detained at a U.S. Immigration and Customs Enforcement facility in Florida for more than a month since returning from a trip to the U.S. Virgin Islands.

Denis Davydov, 30, arrived in the U.S. legally from Moscow in September 2014 and overstayed his six-month visa. He has applied for political asylum, according to Sergey Piskunov with RUSA LGBT, a group for Russian-speaking members of the LGBT community.

“He’s a gay man and HIV-positive,” Piskunov said. “Russia is not the best place for either of those and he’s a combination of both.”

Davydov was on his way home to the Bay Area in early March when he encountered federal agents in an airport, according to Piskunov.

“They checked his documents, and he said they were trying really hard to find something wrong,” Piskunov said. “They put him on a plane to Miami and transported him to Florida.”

Nestor Yglesias, a spokesman for ICE in Florida, confirmed Tuesday that Davydov was arrested by U.S. Customs and Border Protection, and is currently in custody at the Krome Detention Center in Miami.

“They made the arrest,” Yglesias said. “He’s in our custody because they don’t have detention space.”

Yglesias referred further questions regarding Davydov’s case to Customs and Border Protection.

After a request for information about exactly where and when Davydov was detained, as well as any deportation proceedings that may be taking place, CBP spokesman Keith Smith said he would look into the matter but Department of Homeland Security privacy policies typically “preclude us from releasing information regarding individual travelers.”

Davydov is receiving his HIV medications every day while in detention but he needs to see a doctor and has been unable to access one, according to Piskunov. That claim could not be confirmed with federal agents.

“This is one of the reasons we really want to get him out of there,” Piskunov said.

If he gets deported, however, Davydov could face dire circumstances and difficulty accessing health care in Russia.

“I believe he’s not going to live too long,” Piskunov said. “We have several friends in common who passed away because of HIV consequences.”

“They have money for war in Ukraine, Crimea, Syria – they have money for all these military expenses but they don’t have money for the medical system,” Piskunov said. “And they don’t care.”

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Comments (32)
  1. Good, send him away. We do not spend our tax money treating a catastrophic illness that is so easily prevented. Spend the money on medically needy children and our veterans.

    1. “A San Jose man…” ? I didn’t know San Jose was in Russia. Oh the things you learn online.

      1. He is a Russian man, overstayed his visa, and lives in San Jose. Understand now. He is now here illegally because he settled illegally in San Jose instead of going back to Russia like he was suppose to do.

    2. Ah, but this is no longer true. The CDC has waived the rule stating HIV positive people are rejected from staying in the US. Apparently they do not mind saddling the US with the costs of treating HIV+ people. Oddly, with 1 million HIV positive people in the US, the CDC states because there is low risk of spreading it:
      “In the United States, HIV infection is passed between adults almost solely through unprotected sex with someone who has HIV or by sharing needles or syringes used by someone with HIV.”

      CDC has decided that their compassion to treat HIV positive people, a disease by their own admission is contracted by behavior, is worth your tax money to treat it.

  2. Sorry. We do not need any gueer Russians with or without AIDS at this time. You might try Venezuela or France. : /

  3. Our immigration laws, which apparently President Trump is (thankfully) enforcing preclude this man from ever being accepted for asylum or anything else. Our laws are specific in not allowing anyone to enter the country who has a deadly disease, and HIV is deadly. Our laws prevent this man from staying in our country. Although I’m quite sure liberal lunatics will find one of their rogue activist judges to overrule our laws (as so many believe they can do!) and put this man into society to spread his disease. We can add him to the lot of 65 illegals who entered our country suffering from tuberculosis…another deadly disease our laws prohibit!

  4. Joe Schmoes says:

    Wow! Actually enforcing the law for a change. What a novelty since the days of the Imam@1600.

  5. Ellis Island turned away more than half of all attempted lawful immigrants for much less, even for a slight fever. When an alien’s visa expires, it requires a new decision, fresh determination. Davydov violated the law.

    Getting diseases (especially through irresponsibility) should not be a justifiable excuse to stay in the USA forever. And despite claims to the contrary, Russia truly does have medical care–but probably not the FREE medical care Davydov must be enjoying in America.

    It doesn’t seem like a reasonable claim for asylum. In my current opinion, Davydov’s conditions are from poor decision-making and not state-sponsored oppression. At the end of the day, we must all take responsibility for one’s own actions.

  6. So I guess I’m a monster for not wanting illegals carrying the Butt Virus to stay in our country after their visas expire. I believe in our laws and I believe in taking care of legal Americans first. Time for this guy to go.

  7. Kevin Cowart says:

    So, they say he won’t last long, but is healthy enough to go on a vacation to the virgin islands? drop his ass in the ocean.

    1. Jack Pod says:

      Mega dittos for that suggestion.

  8. Shoot him or send him home. Castro used to send his criminals and mental patients and diseased as an act of aggression toward the US. Still being done today by others

  9. Jack Pod says:

    Now there is one we should admit. He can spread the “wealth” around to the gay community to help with gene control.

  10. Jeffrey Gee says:

    So… apply for citizenship like everyone else or get the hell out. Being diseased and gay doesn’t give you the special right to skip in the line!

  11. You can’t overstay a visa and then apply for immigration, you must first leave the country and apply from your home country or we would have people arriving on oil barrels.
    He has a incurable STD, why would we be importing such people anyway?

    PS: It is not illegal to be gay in Russia, there are gay bars and organizations, it is illegal to provide *nontraditional sex practices* to children.

  12. Notice the headline left off why he was arrested – He over stayed his visa and is here illegally.
    -Fake News is that reporting which is meant to manipulate a story in pursuit of an agenda.

  13. GREAT! Send them all back and never allow them to return. He broke the law. Put him on a flight back home immediately. He deserves NO special privileges or treatment from any other illegal alien criminal in this country.

  14. Oh good, another illegal alien whom the democrat party counts on for votes at election time.

  15. Bob Suyak says:

    Should have been back in Russia long, ago, already too much tax money being wasted .

  16. It is the US law to prevent entry with infectious communicable diseases. It has been the law since the early 1900’s. It remains the law. What’s all the freak out about. It is illegal for this guy to come. Do we need the expense of him costing us $25 million before he dies? Where’s the compassion for Americans he intends to infect?

  17. Stu Pedasso says:

    How about shipping him off to Iran? They are buddies with the Russians.

  18. Here’s the key -> Denis Davydov, 30, arrived in the U.S. legally from Moscow in September 2014 and overstayed his six-month visa.

    Contrary to the past ways of the Obama administration, the US is again deporting people that overstay their visas.

  19. People commenting above are ideal examples of why I have silently been hoping more and more for a nuclear war that wipes all of mankind out.
    Mother Nature’s ultimate mistake is the cruel, violent, big brained but hopelessly moronic ape called man. It is time for this species to go extinct and stop bleeding the Earth dry of all its resources while doing little more than destroying the ecosystem and each other.
    As evidenced above, human life has proven constantly that it no longer has any value whatsoever. (Hey, but maybe you guys will get to go to heaven or something instead of losing consciousness eternally, rendering your short lives utterly meaningless and irrelevant, which is the most likely scenario. haha)