Reno Designates Gay Asylum Precedent
In the following June 16, 1994, memo, U.S. Attorney General Janet Reno designated as precedent the Board of Immigration Appeals decision In Re Fidel Armando Toboso-Alfonso, which granted asylum to a gay man on the basis of persecution because of membership in a social group:
MEMORANDUM FOR MARY MAGUIRE DUNNE, ACTING CHAIR
BOARD OF IMMIGRATION APPEALS
FROM: THE ATTORNEY GENERAL
SUBJECT: Attorney General Order Designating
Board of Immigration Appeals Case as Precedent
The attached Attorney General order designates as precedent in all proceedings involving the same issue or issues the decision of the Board of Immigration Appeals in In re Fidel Armando Toboso-Alfonso (A23 220 644)(March 12, 1990). The case holds that an individual who has been identified as homosexual and persecuted by his or her government for that reason alone may be eligible for relief under the refugee laws on the basis of persecution because of membership in a social group.
I have examined the case and conclude that it represents an appropriate application of the law to the facts as described in the opinion. I understand that there are now several cases involving similar issues before immigration judges, and believe publication of this decision will provide useful guidance to immigration judges and to the Immigration and Naturalization Service in evaluating such claims.
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