Sexual orientation - Gay

Type of persecution

Case #29516

The immigration judge granted the asylum claim of a gay Mexican man who fears being harmed by cartel members in Michoacán. Cartel members were harassing and threatening the applicant and his group of openly gay friends. One of those friends was murdered about six months after the applicant entered the United States. The applicant did not apply for asylum until eight years later. The applicant's expert witness explained the link between the applicant's PTSD from past persecution and his failure to file timely. The attorney reports that while the IJ did not find Mexico sufficiently dangerous to show a "clear probability" of persecution for gay men, he found the lower asylum standard had been met, and found the applicant's PTSD constituted extraordinary circumstances excusing the untimely filing.

Mexico Gang-related violence, LGBTQI, Sexual orientation, Sexual orientation - Gay

Case #28815

The asylum office granted asylum to a gay man who experienced sexual abuse when he was growing up because of his sexual orientation. He feared reporting to the police because he is gay. He was not able to talk about the abuse that happened to him he decided to apply for asylum.

Mexico LGBTQI, Sexual orientation, Sexual orientation - Gay, Rape or sexual violence (non-domestic and non-gang))

Case #28656

The immigration judge granted withholding of removal to a gay, HIV+ Honduran man who had a prior removal order. His family and gang members had abused him based on his sexual orientation. According to the attorney, the immigration judge granted withholding of removal based on her membership in a PSG of "LGBTQ Honduran man living with HIV." DHS did not appeal the decision.

Honduras Gang-related violence, LGBTQI, Sexual orientation, Sexual orientation - Gay, Rape or sexual violence (non-domestic and non-gang))

Case #27781

The BIA denied the asylum of an Angolan man who has been persecuted on account of his sexual orientation. Back in Angola, the applicant was subject to rape on the hands of a relative as he was growing up. Later, as an adult, his store was vandalized on the orders of his intimate partner’s wife, who also reported them to the police. In a separate incident, the applicant and his niece were raped by unknown men in his home because of his status as a gay man. However, he did not report the incident to the police believing homosexuality was illegal and punishable. The BIA confirmed the decision issued by the IJ, which found the applicant was not able to prove that the government would be unwilling to help him since he never reported his rape. 

Angola LGBTQI, Sexual orientation, Sexual orientation - Gay

Case #27424

The immigration judge granted Withholding of Removal for a Salvadoran LGBTI woman who was abused as a minor. The applicant was sexually abused by her family's friends, her teachers, and her family members in El Salvador. She also feared returning to El Salvador because she is openly gay, has a wife in the U.S., and her wife is pregnant. The applicant originally had temporary protected status (TPS). She potentially faced bars to asylum based on the one year filing deadline and a particularly serious crime bar for a charge of aggravated assault. The immigration judge granted Withholding based a particular social group that involved the applicant's LGBTI status.

El Salvador Domestic violence (including child, partner, in-law violence), Domestic violence - Child abuse, LGBTQI, Sexual orientation, Sexual orientation - Gay, Sexual orientation - Lesbian

Case #27254

The IJ denied asylum, withholding, and CAT protection to a gay Salvadoran man who fears persecution. After gang members saw the applicant with another man, they extorted him and threatened to tell his family. He reported this incident to the police, which resulted in more threats from the gang. The applicant fled to the United States after he received multiple death threats and his friend was murdered. The attorney reported that the IJ considered the applicant's membership in a particular social group.

El Salvador Gang-related violence, Gang - Extortion, LGBTQI, Sexual orientation, Sexual orientation - Gay

Case #26761

The asylum office granted asylum to a male applicant from Dominica who fled and feared persecution due to his sexual orientation. While growing up, he was constantly discriminated, bullied and ridiculed for his perceived sexual orientation as he had not come out as gay. He feared not being able to live as an openly gay man in Dominica, where he would be subjected to further persecution if forced to return. The applicant’s attorney reported proposing the particular social groups of “gay men living in Dominica,” and “men living in Dominica presumed to be gay.” The applicant’s attorney also reported the applicant or adjudicator cited or referenced Matter of A-B-. 

Dominica LGBTQI, Sexual orientation, Sexual orientation - Gay

Case #26648

Ecuador Domestic violence (including child, partner, in-law violence), Domestic violence - Child abuse, LGBTQI, Sexual orientation, Sexual orientation - Gay

Case #26478

The immigration judge granted asylum to a Guatemalan transgender woman who feared persecution due to her gender identity. When the applicant originally came out as a gay man in Guatemala, she was attacked by her father. Later on, she experienced generalize discrimination and violence, and shortly before coming to the US she was raped by a group of men. The applicant now identifies as a transgender woman. According to the applicant’s attorney, the IJ granted asylum recognizing the social group “transgender Guatemalan women.”

 

Guatemala Domestic violence (including child, partner, in-law violence), Domestic violence - Child abuse, LGBTQI, Sexual orientation, Sexual orientation - Gay, Sexual orientation - Queer, Gender identity, Gender identity - Nonbinary or gender nonconforming, Gender identity - Transgender male (FTM), Rape or sexual violence (non-domestic and non-gang)), Race/ethnicity/clan, Indigenous ethnicity

Case #25079

The immigration judge granted asylum to a Salvadoran male applicant who experienced persecution on the basis of his perceived sexual orientation. The applicant is heterosexual, but a gang targeted him because they perceived him as gay. The gang raped him and threatened him.

El Salvador Gang-related violence, Gang - Rape or sexual violence, Gang - Recruitment, LGBTQI, Sexual orientation, Sexual orientation - Gay

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