A Legislative Rejoinder to "Give Me Your Gays, Your Lesbians, and Your victims of Gender Violence, Yearning To Breathe Free of Sexual Persecution
February 19th, 2009 by Leonard Birdsong
Two Recent Asylum Cases Involving Gender Violence and Homosexual Issues and Their Implications
June 24th, 2008 by Leonard Birdsong
Birdsong provides herein analysis of two recent asylum cases, one involving gender
violence and, the other based on sexual orientation. Birdsong reminds students and practitioners alike that asylum cases are strongly “fact driven” and they must present a good story. Further, good lawyers must read the footnotes. Please read the footnotes included herein!
The United States continues to be a country which will accept and give asylum to those who flee persecution in their homelands even if that persecution is as a result of sexual orientation or gender based violence against women. It is apparent that not all GLBT persons or abused women obtain asylum status, but from a human rights point of view we remain a safe haven where people of all sexual orientations can seek justice if they believe they have been persecuted. Yet, the lack of precedent and the discretionary power of IJ’s in asylum cases and the other aforementioned problems with adjudication make it difficult to readily predict how such cases may be decided before filing. Practitioners who file claims for affirmative asylum or who represent claimants already in removal proceedings are best advised to work with the claimant to prepare an affidavit which recounts the claimant’s background and recounts in detail each instance of persecution encountered in the country of origin. Attached to the affidavit should be as much documentary evidence as possible relevant to the claim of asylum and that will support the claimant’s position, such as newspaper articles, photographs, hospital reports and any evidence one can discover on the country of origin conditions and how that country treats GLBT persons and women.
