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Second Circuit Rejects Gay Brazilian Refugee Bid

Second Circuit Rejects Gay Brazilian Refugee Bid

BY ARTHUR S. LEONARD | Opening up a gulf in reasoning with the Ninth Circuit Court of Appeals, which has insisted on a distinction between a government’s official policies and the facts on the ground when evaluating whether gay people would suffer persecution or worse in a particular country, a panel of the New York-based Second […]

HIV-Positive Gay Mexican’s Asylum Bid Revived

HIV-Positive Gay Mexican’s Asylum Bid Revived

BY ARTHUR S. LEONARD | Reviving an HIV-positive gay Mexican man’s claim for refugee status to remain in the US, an 11-judge panel of the San Francisco-based federal Ninth Circuit Court of Appeals, on March 8, reversed rulings by a three-judge panel of that court as well as from the Board of Immigration Appeals and […]

Appeals Court Declines to Consider Immigrant’s Claim He’s Bisexual

Appeals Court Declines to Consider Immigrant’s Claim He’s Bisexual

BY ARTHUR S. LEONARD | A divided federal appeals panel has denied the effort by a Jamaican immigrant to avoid deportation, deciding that it would accept an immigration judge’s conclusion the man had failed to prove he is bisexual. The 2-1 vote by the Chicago-based Seventh Circuit Court of Appeals on August 17 affirmed an earlier […]

Gay Jamaican Immigrant Gets Deportation Reprieve

Gay Jamaican Immigrant Gets Deportation Reprieve

BY ARTHUR S. LEONARD | A gay immigrant from Jamaica, who was subject to deportation based on state law convictions in Connecticut, now has a second chance to win a reprieve based on an August 9 federal appeals court decision. A three-judge panel of the Second Circuit Court of Appeals that included Judges Pierre N. Leval, […]

Appeals Court Finds Transgender Mexican Refugees Entitled to US Protection

Appeals Court Finds Transgender Mexican Refugees Entitled to US Protection

BY ARTHUR S. LEONARD | A federal appeals court has found that conditions for transgender women are so dire in Mexico that they may qualify for protection in the US under the international Convention Against Torture (CAT) based on the likelihood they would face torture if deported. On September 3, a three-judge panel of the Ninth […]

US Ninth Circuit Revives Russian Gay Asylum Seeker’s Bid

US Ninth Circuit Revives Russian Gay Asylum Seeker’s Bid

BY ARTHUR S. LEONARD | A US Ninth Circuit Court of Appeals panel has granted a gay Russian asylum seeker’s petition for review, finding that there must be a determination of whether the government met its burden of showing that conditions for LGBT people in Russia have improved sufficiently to overcome the presumption that the applicant […]

IRS Will Recognize All Married Couples

IRS Will Recognize All Married Couples

BY PAUL SCHINDLER | The Treasury Department and the Internal Revenue Service have announced that legally married same-sex couples, regardless of the state where they reside, will treated as married for federal tax purposes. The August 29 announcement is one of the most significant rulings out of the Obama administration since the Supreme Court on June […]

Immigration Court Settles Remaining DOMA Issue for Binational Couples

Immigration Court Settles Remaining DOMA Issue for Binational Couples

BY ARTHUR S. LEONARD | Shortly after the Supreme Court struck down the Defense of Marriage Act’s (DOMA) ban on federal recognition of same-sex marriages on June 26 in Edie Windsor’s constitutional challenge to the 1996 law, Department of Homeland Security Secretary Janet Napolitano announced that the immigration service under her department would recognize same-sex marriages […]