People perceived to be gay could be eligible for asylum
January 30, 2023
A U.S. immigration board must decide whether non-U.S. citizens who are perceived to be gay in their home countries can qualify for asylum in the U.S. regardless of their actual sexual orientation. A Guatemalan citizen, Rebeca Cristobal Antonio, reported receiving death threats and was confronted by a mob because they believed she was gay based on what she wore. A three-judge panel of the 9th U.S. Circuit Court of Appeals revived an asylum bid by Antonio. For an applicant to be eligible for asylum in the U.S., they must show a credible fear of persecution in their home country based upon membership in a “cognizable social group.” Antonio’s proposed social group was considered too vague and was dismissed but Antonio appealed and the 9th Circuit granted her petition for review.
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