Matter of Toboso-Alfonso
United States Board of Immigration Appeals · 20 I&N Dec. 819 · Decided 1990; designated as precedent 1994 · United States
Key principle
SOGI as a particular social group under US refugee law.
Facts
A Cuban gay man sought asylum in the United States based on state harassment and mistreatment by Cuban authorities.
Legal questions
Are gay people who are subjected to state mistreatment a 'particular social group' under US asylum law?
Holding
Yes. Gay people subjected to state mistreatment may constitute a particular social group for US protection.
Practical relevance
Founding US administrative precedent for SOGI asylum. Later designated as precedent by the Attorney General in 1994.
Limitations
US-specific administrative law; later case-law and regulatory developments must still be checked.
General information only. ImmigrationLGBT is not a law firm and this summary is not personalised legal advice. Consult a qualified lawyer or accredited representative in the relevant jurisdiction. Legal status and subsequent treatment of the decision may have changed.