- Overview of LGBTI Asylum
- June 17, 2016 | Author: Alexander Joseph Segal
- Law Firm: The Law Offices of Grinberg & Segal, PLLC - New York Office
In order to establish eligibility for asylum, a homosexual, bisexual, transgender, or intersexed alien must establish that he or she is the member of a “particular social group,” on the basis of which he or she either was persecuted or faces a reasonable fear of persecution in his or her home country. The Board of Immigration Appeals (BIA) established in the Matter of Toboso-Alfonso, 20 I&N Dec. 819 (BIA 1990) that homosexual asylum applicants can establish membership in a “particular social group” based on sexual orientation for purpose of seeking asylum in the United States.