Expanding Asylum Law’s Pattern-or-Practice-of-Persecution Framework to Better Protect LGBT Refugees
University of Pennsylvania Journal of Law and Social Change, Forthcoming
33 Pages Posted: 1 Jul 2012
Date Written: June 30, 2012
In 2009, the Ninth Circuit issued the only published opinion to day finding an asylum applicant eligible for protection based in part on the native country’s pattern or practice of persecution against gay men. This Article posits the infrequently used pattern-or-practice-of-persecution framework as uniquely compatible with assessing persecution on account of an applicant’s membership in an LGBT-based social group. To illustrate this compatibility and the need to expand the framework, this Article discusses the pattern or practice of persecution the Ninth Circuit identified in Jamaica and uses Jamaica as a case study to support specific proposed guidelines and legal presumptions in favor of asylum eligibility.
Keywords: migration, asylum, LGBT, persecution, Jamaica
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