Dominic Moab, a Liberian man living in Chicago, sought asylum in the United States in August 2005 after being brutally beaten on several occasions because he is gay. In Moab v. Gonzales, the Seventh Circuit found that Mr. Moab should not have been expected to discuss his homosexuality with immigration officers within hours of his arrival at O'Hare International Airport.
"People who flee persecution based on their sexual orientation often leave countries where it is not safe to reveal their sexual identity or where they were harmed because of it," said Jonathan Eoloff, legal coordinator of the National Immigrant Justice Center's National Asylum Partnership on Sexual Orientation. "This decision acknowledges that it is unreasonable to expect someone to discuss the harm they suffered because of their sexuality, especially with a government official in a foreign country as soon as they arrive at the airport."
When asylum seekers arrive at U.S. airports without travel documents and tell immigration officers they are afraid of persecution in their home country, they can request asylum. Their first interview with an asylum officer takes place within 72 hours, and a hearing in immigration court takes place several days later. Mr. Moab's asylum claim was initially rejected by an immigration judge because he had not discussed his fear of persecution based on his sexual orientation during his asylum interview, but later raised the matter in his asylum application and immigration court proceedings.
"We think it reasonable that Mr. Moab would not have wanted to mention his sexual orientation for fear that revealing this information could cause further persecution as it had in his home country of Liberia," Judge Kenneth F. Ripple wrote in Seventh Circuit opinion.
Mr. Moab was represented on a pro bono basis by Richard Johnson of the law firm Hughes, Socol, Piers, Resnick & Dym, Ltd.
Read the Seventh Circuit's decision here.
The National Immigrant Justice Center, a partner of Heartland Alliance for Human Needs & Human Rights, provides direct legal services to and advocates for immigrants, refugees, and asylum seekers through policy reform, impact litigation, and public education.