Sexual Orientation & Gender Identity

20 I&N Dec. 819 (BIA 1990) · 1990

Recognized homosexuality as an immutable characteristic and persons identified as homosexuals in Cuba as a particular social group.

Designated as precedent by Attorney General in 1994. Landmark recognition of sexual orientation as a basis for PSG.

399 F.3d 1163 (9th Cir. 2005) · 2005

Homosexuality is an immutable characteristic; gay Lebanese men constitute a particular social group; the BIA must accept that homosexual orientation is fixed and cannot be changed.

Led the 9th Circuit's jurisprudence on sexual orientation as a PSG basis.

850 F.3d 1051 (9th Cir. 2017) (en banc) · 2017

Under the REAL ID Act, IJs may not demand corroboration of inherently personal experiences such as sexual orientation without first finding that the applicant's testimony was not credible and explaining why the corroboration is needed.

En banc. Significant credibility ruling affecting LGBT asylum claims and corroboration requirements.

29 I&N Dec. 717 (BIA 2026) · 2026

(1) Conviction for possession with intent to deliver a controlled substance under Pennsylvania law is a particularly serious crime, barring both asylum and withholding. (2) Respondent did not establish CAT eligibility where past mistreatment in Jamaica based on sexual orientation was by private individuals and she did not show a public official would acquiesce to future torture.

Drug trafficking convictions are routinely found to be particularly serious crimes. CAT claims based on private actors require government acquiescence — general societal homophobia without state involvement is insufficient.