FACTS:
A El Salvadorian client fled El Salvador with his minor daughter after gangs targeted him because of his sexual orientation. After gangs saw him with a same-sex romantic partner, our client was cornered and attacked by gang members who threatened his life and tried to kill him. Saved by the chance arrival of police in the area, our client escaped death with a wound to his shoulder and a sense that El Salvador was not safe. After arriving in the U.S., he was detained by ICE/ERO. Our office was hired to help get him out of custody and assist with his asylum 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:
From obtaining release on bond through the final hearing, our office worked closely with the client to secure the best possible outcome – asylum. Our office gathered evidence of country conditions in El Salvador and expert declarations regarding LGBT persecution, we established a strong case which resulted in the government agreeing to a grant of asylum.
After successfully preparing this case, the client and his daughter now have asylum and are on a path towards a “green card” 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.
