Board of Immigration Appeals rules on Matter of C-G-T

The Board of Immigration Appeals at the Executive Office for Immigration Review in the Department of Justice released a public ruling on the Matter of C-G-T. The respondent in this case, represented by Attorney David Spitzer, testified that he was persecuted by his father on account of his sexual orientation. This public ruling sets precedent that:

1. Determining whether the government is or was unable or unwilling to protect the respondent from harm is a fact-specific inquiry based on consideration of all evidence.

2. A respondent’s failure to report harm is not necessarily fatal to a claim of persecution if the respondent can demonstrate that reporting private abuse to government authorities would have been futile or dangerous.

3. When considering future harm, adjudicators should not expect a respondent to hide his or her sexual orientation if removed to his or her native country.

See coverage in the media:

BIA on Withholding, Persectution, Dominican Republic: Matter of C-G-T, LexisNexis

BIA Says Gay Asylum-Seeker Shouldn't Have To Stay Closeted, Law360