Memorandum From Janet Reno

In a review of an asylum case in June, 1994, the Attorney General of the USA, Janet Reno, declared that being gay was consistent with being "a member of a social group". This is important for immigration law, since this is one of the classifications from the United Nations policy on the definition of those who deserve political asylum.

(Note the United Nations for claiming political asylum).

The memorandum is shown in full below.

OFFICE OF THE ATTORNEY GENERAL,
WASHINGTON, D.C. 20630

MEMORANDUM FOR MARY MAGUIRE DUNNE,
ACTING CHAIR,
BOARD OF IMMIGRATION APPEALS

FROM: THE ATTORNEY GENERAL (Janet Reno's signature)

SUBJECT:
Attorney General Order Designating Board of Immigration Appeals Case as Precedent

The attached Attorney General order designates as precedent in all proceedings involving the same issue or issues the decision of the Board of Immidgration Appeals in In re Fidel Armando Toboso-Alfonso (A23 220 644) (March 12, 1990).

The case holds that an individual who has been identified as homosexual and persecuted by his or her government for that reason alone may be eligible for relief under the refugee laws on the basis of persecution because of membership in a social group. I have examined the case and conclude that it represents an appropriate application of the law to the facts as described in the opinion. I understand that there are now several cases involving similar issues before immigration judges, and believe that the publication of this decision will provide useful guidance to immigration judges and to the Immigration and Naturalization Service in evaluating such claims.

OFFICE OF THE ATTORNEY GENERAL
WASHINGTON, D.C. 20630

In re: Matter of Toboso-Alfonso (A23 220 644)

ORDER NO.

I hereby designate the decision of the Board of Immigration Appeals in In re: Fidel Armando Toboso-Alfonso (A23 220 644) (March 12, 1990) as precedent in all proceedings involving the same issue or issues.

June 16, 1994 (Janet Reno's signature) Attorney General

Back To Queer Immigration | Tree | Search | Feedback/Help | Submit New Information
Last Update 09/13/95