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Matter of Toboso-Alfonso

Board of Immigration Appeals

20 I. & N. Dec 819 (1990/1994)

Relevant factsFree

Toboso-Alfonso (respondent), a Cuban homosexual man, sought asylum and withholding of deportation, alleging persecution in Cuba based on his status as a homosexual, which he argued constituted a particular social group under immigration law; the immigration judge denied asylum but granted withholding of deportation, and the INS (petitioner) appealed.

IssueFree

Whether an individual's status as a homosexual may constitute a particular social group for purposes of the Immigration and Nationality Act.

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