It has always seemed odd to me that many liberals who take such pride in their stances in favor of LGBTQ expansive rights — stances that I tend to share and have fought for as an immigration attorney — defend a virulent abuser of LGBTQ people while insisting that every Republican who disagrees with them on marriage — note I am in favor of gay marriage — is an existential threat to the community. Justin Trudeau, who presents himself as being a staunch ally of LGBTQ people, would do well to immerse himself in the history of Castro's repression.In 1990, the Board of Immigration Appeals (BIA) issued a landmark decision in the Matter of Toboso-Alfonso, 20 I&N Dec. 819 (BIA 1990) [PDF version]. The decision was not initially for precedent, but was for good reason designated as a precedent decision by Attorney General Janet Reno in 1994.

The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.See Matter of Toboso-Alonso, 20 I&N Dec. 819 (BIA 1990)See e.g., Amanfi v. Ashcroft, 328 F.3d 719 (3d Cir. 2003)USCIS RAIO Directorate, “Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Refugee and Asylum Claims,” (Dec. 28, 2011)USCIS PM-602-0061 (Apr. 10, 2012)See “2011 Operations Manual ICE Performance-Based National Detention Standards,” (Modified in Feb. 2013)Resources and Materials: Alexander J. Segal -"LGBT Asylum in the USA" Lawyer website:http://myattorneyusa.com

Under current U.S. immigration law, LGBTI aliens may seek asylum in the United States.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.In order for an LGBTI alien to establish membership in a particular social group (for purpose of applying for asylum on the basis of persecution in one of those categories), the asylum applicant must generally demonstrate, to the satisfaction of USCIS, that he or she is in fact gay, lesbian, bisexual, transgender, or intersexed. However, the Third Circuit has held that an alien may also demonstrate membership in a particular social group if he or she faced persecution or faces a reasonable fear of persecution on the basis of being perceived as being a homosexual in his or her home country.If an LGBTI asylum applicant is able to demonstrate both that he or she is in a particular social group and that he or she was either persecuted or faces a reasonable fear of persecution on the basis of membership in that particular s