A federal appeals court has ruled that a U.S. immigration board must decide whether non-U.S. citizens who are perceived to be gay or lesbian in their home countries can qualify for asylum in the United States, regardless of their actual sexual orientation.
A three-judge panel of the 9th U.S. Circuit Court of Appeals has ruled that the U.S. Board of Immigration Appeals erred when it rejected the asylum bid of Rebeca Cristobal Antonio, a Guatemalan national, who fled her home country due to threats of violence and persecution stemming from possible anti-gay animus.
Antonio applied for asylum in 2014, claiming she feared she would be killed in Guatemala because of her perceived sexual orientation. Antonio says she wore men’s clothing to work, which led people to conclude she was gay. She subsequently received death threats, was confronted by an angry mob and was beaten by members of her own family due to their belief that she was a lesbian.
Federal Court Ruling on LGBTQ Asylum: Non-US Citizens perceived as gay eligible for asylum
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