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Matter of Toboso-Alfonso
United States Board of Immigration Appeals
20 I. & N. Dec 819 (1990/1994)
- Written by Darya Bril, JD
Facts
Toboso-Alfonso (defendant), a homosexual man and native of Cuba, sought asylum and withholding of deportation in the United States under §§ 208(a) and 243(h), respectively, of the Immigration and Nationality Act. Toboso-Alfonso alleged he had been persecuted in Cuba based on his status as a homosexual man. He claimed that homosexuals constitute a protected, “particular social group” in Cuba, as that term is interpreted for purposes of the Immigration and Nationality Act. The Immigration Judge denied Toboso-Alfonso’s asylum claim but granted withholding. The Immigration and Naturalization Service (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning ()
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