Lambda Legal

Summary

Y.S. is a gay man seeking asylum in the United States to avoid persecution in his native country on the basis of his sexual orientation. Y.S. was denied asylum in a lower court after an immigration judge decided that Y.S. did not come out of the closet quickly enough and should have informed the court earlier of his sexual orientation. Lambda Legal filed a friend-of-the-court briefAmicus brief  Brief submitted by person or organization to advise court on a particular issue in the case (more keywords) in the Second Circuit court of Appeals in support of Y.S. The brief focuses on the dynamics of coming out, and why it is common and reasonable for gay people to struggle with revealing their sexual orientation in the face of pervasive societal discrimination.

Context

Since 1994, U.S. immigration law has recognized persecution based on sexual orientation as a ground for asylum. Applicants must prove that they are unable or unwilling to return to their home country due to past persecution or well-founded fears of future persecution based on their sexual orientation.

Lambda Legal's Impact

LGBT people who escape persecution in their homeland need strong precedents Precedent  A reported opinion of an appeals court that establishes the authority in the future on a given legal question (more keywords) supporting their right to asylum in the United States. This case is one of the latest in Lambda Legal’s decades of work on behalf of LGBT immigrants.

History

• January 2007 Y.S.’s appeal to the Second Circuit Court of Appeals is sent back to the Board of Immigration Appeals by the request of both parties.
  
• August 2006 Lambda Legal files amicus brief Amicus brief  Brief submitted by person or organization to advise court on a particular issue in the case (more keywords) in the Second Circuit Court of Appeals in support of Y.S., a gay man seeking asylum in the United States.