"Soft immutability" and "imputed gay identity": recent developments in transgender and sexual-orientation-based asylum law.

From: Fordham Urban Law Journal | Date: March 1, 2005| Author: | Copyright information

INTRODUCTION

Owing to a number of recent developments, U.S. asylum law is one of the most hospitable legal arenas for lesbian, gay, bisexual, and transgender ("LGBT") litigants. (1) Gays and lesbians have been protected as a "particular social group" since 1990, (2) and it is now beyond cavil that the law of asylum protects immigrants who face persecution on account of sexual orientation no less than those whose persecution is based on race, religion, nationality, or political opinion. (3)

Two recent decisions by the Ninth Circuit (4) extend these gains by protecting ...

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