Castro v. Holder

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A Honduran man sought asylum based on fear of persecution in Honduras on account of his homosexual sexual orientation and feminine gender identity.  His claim was denied by the Immigration Judge and Board of Immigration Appeals.  After filing an appeal with the Eleventh Circuit Court of Appeals, the government agreed to have the case sent back for reconsideration.

CGRS Involvement

CGRS filed an amici brief, joined by the International Gay and Lesbian Human Rights Commission, before the Eleventh Circuit, arguing that the abuse he suffered as a child should have been considered by the Judge and the Board as past persecution

Basic Facts

Mr. Castro suffered multiple rapes as a child in Honduras at the hands of a cousin who knew Mr. Castro was gay.  In patriarchal and male dominated societies, like Honduras, individuals including children are frequently targeted for discrimination and violence as a way to maintain male dominance and heteronormative standards.  Such violence is especially normalized and tolerated in Honduras.

Procedural History

Mr. Castro sought asylum in the United States on the basis of the past persecution he suffered. The Immigration Judge and Board of Immigration Appeals denied his claim for protection finding that he had not established past harm that rises to the level of persecution and was motivated by a protected ground like sexual orientation or gender identity, without considering the harms he suffered as a child.  Mr. Castro appealed his case to the Eleventh Circuit where he is represented by the National Immigrant Justice Center.  After amici briefs were filed with the Court, the government agreed to a remand to the immigration agency where the case is still pending at the agency.

Legal Documents

CGRS Amici Brief

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