FACTS:

A Serbian client fled Serbia after being beaten and assaulted by hooligans because of his sexual orientation. After several incidents where he was seen with a same-sex romantic partner, our client was cornered and attacked by hooligans who threatened his life and tried to kill him. After arriving in the U.S. on a visa, he timely applied for asylum with the US Asylum Office, but had his case referred to the US Immigration Court.  It was only at this point that the client retained us to assist with their case.

THE LAW:

Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

US Law protects and recognizes LGBT cases for protection and asylum. This means that if you fear persecution in your home country (or have already been persecuted) because of your LGBT status (whether you identify as gay, lesbian, transsexual, bi-sexual or gender non-conforming), you can qualify for asylum in the United States.

The leading US Case which lays out protection for LGBT members is Matter of Toboso-Alfonso 20 I&N Dec. 819 (BIA 1994) — (B.I.A. 1990) — this case, decided in 1990 and designated as precedent in 1994, established sexual orientation as “membership in a particular social group” and paved the way for asylum based on sexual orientation. Toboso-Alfonso was a gay man from Cuba who suffered various abuses at the hands of his government, including being forced to participate in a labor camp.

One-Year Filing Deadline

If you entered the U.S. and want to apply for asylum, it is extremely important that you file your case within one year of your arrival. This is true even if you have not yet been scheduled for a hearing. If you were detained and released from US Immigration and did not apply, certain court cases may make you eligible for an exception from this rule under a case called Mendez Rojas.

Who is covered by the Mendez Rojas certified classes?

To benefit from the district court decision, an individual must be a member of one of the two classes certified in the case:

Class A comprises individuals who: (1) Have been or will be released from Department of Homeland Security (DHS) custody after having been found to have a credible fear of persecution within the meaning of 8 U.S.C. § 1225(b)(1)(B)(v); and (2) Did not receive a notice from DHS of the one-year filing deadline for asylum applications; and either

• Have not filed an asylum application; or
• Filed an asylum application more than one year after their arrival in the United States.

If you think you might qualify for asylum, please contact our office for a consultation.

THE RESULT:

Despite having a very detailed and well-researched story, the US Immigration officials fought every step of this case – even going so far as to send investigators to check on the client’s same-sex relationship in the US! Although very rare, this type of hostility from the US Immigration authorities is possible.

Despite this reluctance from the US Immigration Authorities (and them insisting on calling a DHS Officer to testify against my client at trial!), we were able to prevail and receive a final approval of his asylum case from the Court.

After successfully preparing this case, this client is looking forward to a more peaceful life and is on a path to US Lawful Permanent Residency and eventual US Citizenship.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.