102 Iowa L. Rev. 2357 (2017)

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Abstract

Many LGB persons from around the world come to the United States in search of a safe haven from violence and persecution. Some of those persons end up in deportation proceedings where they need to prove their sexual orientation before they can be granted asylum. Many immigration judges are understanding and receptive to the plights of these persons. However, while adjudicating claims, some judges stereotype and bully these persons with inappropriate questions about their sexual and other histories to adjudicate their claims. Since appellate courts have recently thrown out such bizarre and harmful questions and assumptions in religious asylum cases in favor of gauging a claimant’s sincerity, this Note argues that courts should apply the same deference and standard to LGB claims. This would provide immigration judges a framework to obtain the information necessary for a proper decision, while also maintaining the proper level of respect for LGB asylum seekers.