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.