A U.S. immigratn board mt ci whether non-U.S. cizens who are perceived to be gay their home untri n qualify for asylum the U.S. regardls of their actual sexual orientatn, a feral appeals urt said on Thursday.
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PEOPLE PERCEIVED TO BE GAY ULD BE ELIGIBLE FOR ASYLUM, U.S. URT SAYS
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Toboso-Alfonso was a gay man om Cuba who suffered var ab at the hands of his ernment, cludg beg forced to participate a labor mp. In this se, the applint was a lbian om Rsia who, among other ab, had been forced to unrgo electroshock therapy to “cure” her of her homosexualy. 2000) — fdg that a gay man wh a female sexual inty who suffered persecutn Mexi, largely bee he was effemate, qualified for asylum.
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2003) — fdg that is possible to proceed wh an asylum claim based on persecutn on acunt of imputed membership a particular social group, this se sexual orientatn, even if the applint is not actually gay. In this se the applint, a man om Ghana who feared he would be rually sacrificed, engaged a homosexual act wh another man, knowg that this would lead to his beg spared the sacrifice. After he was spared, however, he was mistreated bee the thori believed he was gay.
2004) — reaffirmg that a “gay man wh a female sexual inty” belongs to a particular social group, and fdg that if a ernment willfully turns a bld eye to severe physil abe flicted by non-ernment actors this n rise to the level of ernment acquicence torture so as to qualify for relief unr the Conventn Agast Torture treaty. In this se Rey-Rey was a gay man wh a female sexual inty om El Salvador who had been kidnapped, beaten and raped by non-ernment actors bee of his sexual orientatn.
2004) — holdg that the feral urt lacked jurisdictn to review his claimed exceptn to the one year filg adle for asylum and that Molathwa had failed to monstrate that was more likely than not that he would be persecuted bee of his gay sexual orientatn his native Botswana. 2005) — nyg a gay Guatemalan man’s petn for review bee he failed to show ernment volvement or lack of protectn om past mistreatment he suffered by his neighbors.
After losg his sister and his father, both killed by the Revolutnary Armed Forc of Colombia, and receivg ath threats and harassment for beg gay, Colombian immigrant, J, won asylum the Uned Stat. Acrdg to the Bay Area Reporter, the man's inty mt rema nfintial due to provisns related to asylum s. * colombia gay asylum *
2005) — holdg unequivolly that “all alien homosexuals are members of a ‘particular social group’” and fdg that Karouni, a gay HIV posive man om Lebanon, had tablished a well found fear of future persecutn. 2005) — holdg that a gay Mexin man wh AIDS who was sexually and physilly abed by a Mexin police officer was statutorily eligible for asylum. 2005) — holdg that gay man om Pe who did not personally suffer past persecutn and who did not meet a one year filg adle exceptn, failed to prove a clear probabily of future persecutn and therefore did not meet the standard for whholdg of removal.
The Court found signifint that Salkeld himself had never experienced physil vlence, there are no laws agast homosexualy Pe, and there are some regns Pe which are relatively safer for gay people than others.
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2005) — terrible cisn (wh good dissent) holdg that a gay man om Zimbabwe had not tablished past persecutn although, among other thgs, he was jailed whout charg for two months after havg sex wh another man at llege.
The Court found that he was jailed bee of sexual misnduct, not homosexual inty. The Court also found that spe of Mugabe’s statements that homosexuals have no rights, and Zimbabwe’s poor rerd on human rights, that Kimumwe had failed to prove a fear of future persecutn. Worse still, the 2nd Circu upholds the immigratn judge’s holdg that Joaqu-Porras, a gay man om Costa Ri, did not suffer past persecutn when he was raped by a police officer, but rather suffered a random act of vlence by a rpt officer and that an cint durg his last vis to Costa Ri durg which he was taed by the police and forced to pay a bribe did not rise to the level of persecutn.