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"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau
"Soft Immutability" And "Imputed Gay Identity": Recent Developments In Transgender And Sexual-Orientation-Based Asylum Law, Joseph Landau
Fordham Urban Law Journal
This Article surveys the law of LGBT asylum as it has developed over the past fifteen years, first, with the landmark case of Matter of Toboso-Alfonso, which recognized homosexuality as a "particular social group"; second, with the Ninth Circuit's recent cases adopting a soft immutability standard of identity and expanding asylum protection to transgender individuals; and third, with a discussion of the "particular social group" analysis as it applies to transgender asylum seekers and the emergence of the "imputed gay identity" category as an alternative basis for relief for those litigants who do not identify as gay or lesbian but …
Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson
Uncharted Territory: Choosing An Effective Approach In Transgender-Based Asylum Claims, Victoria Neilson
Fordham Urban Law Journal
This Article focuses on individuals who believe that they are born with the wrong anatomical sex and who suffer persecution as a result of their transgender identity. The Article discusses existing precedent in the context of transgender asylum seekers and suggests possible theories for framing successful transgender asylum claims.