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July 27, 2010

Massachusetts DOMA Case, Update

Filed under: LGBT News, Update — Christopher Edwards @ 5:28 pm

Many of you have had questions about the status of the DOMA case. Just like you, we are waiting for the court to issue an order which should be happening any day now. Once the order is issued, there will be an automatic 14 day stay. We are almost certain that during that 14 day period, the government will file an appeal and we are almost certain that the stay will remain in effect during the course of the appeal. But we will keep you updated as soon as we learn of any further developments.

 

For complete information about how the Massachusetts DOMA decision affects (and doesn’t affect) immigration, please see our FAQ.

ABC News: Gay Iranian Seeks Asylum, Faces Deportation

Filed under: Asylum — sralls @ 8:28 am

ABC-News

 

As part of its ongoing series Out of the Shadows, ABC News looks at the issue of LGBT people seeking asylum in the United States, and focuses specifically on the case of Mohammad Abdollahi, a young, gay Iranian man who faces deportation to a country where being gay is a punishable crime.

 

“Abdollahi, a 24 year-old Iranian who was raised in Ann Arbor, Michigan, came to the U.S. as a child when his parents immigrated to study at a state university,” the network reports. “He says he learned of his undocumented status in high school, which is also when he first began identifying as a gay man.”

 

“It wasn’t until I was 17, 18 that I began connecting the dots,” he said of his situation. “I grew up in a very Muslim family. I didn’t know what ‘gay’ meant. … I didn’t understand the gap.”

 

“Abdollahi is now facing that ‘gap’ head on,” ABC notes, “with the looming prospect of deportation to Iran where homosexuality is a capital crime. He was detained by Immigration and Customs Enforcement authorities after a protest last month, and his removal proceedings are scheduled to commence in July.”

 

“It’s not something I can imagine,” he said of the thought of returning to Iran. “It would be a very scary thing because I haven’t hidden my sexuality in talking with friends or the media.”

 

“Iran,” the report adds, “has a documented record of persecuting gays and lesbians, including by death, according to U.S. government officials and international human rights groups.”

 

“In Iran, it’s illegal to be gay,” said Hossein Alizadeh of the International Gay and Lesbian Human Rights Commission, who received U.S. asylum as a gay Iranian in 2001.

 

“Even if you’re not charged, however, you face the threat of honor killings by family members and vigilantes. The government does nothing to protect these individuals.”

 

“Rachel Tiven, executive director of Immigration Equality, which advocates for gay and lesbian asylum seekers, said the group handled more than 200 cases last year, including several from Iran,” ABC reported.

 

“We see an artificially deflated number of cases from the Middle East because the opportunity for single, Arab men to get here after 9/11 is very low,” she said. “But we do see them.”

 

“The two vectors in his case, like most glbt asylum cases, is ‘are you who you say you are, are you gay?’ and the other piece is ‘how bad is it in the country you left?’,” said Tiven.

 

To read the full ABC News report, click here.

20 Questions with Legal Fellow Albert Chen

Filed under: Inside Immigration Equality, Legal Aid — Christopher Edwards @ 12:26 am

Each season Immigration Equality offices welcome interns, legal fellows, and volunteers. Beginning this week, we will be introducing you to some of them with 20 questions. Want to work with us? Find out more here.

 

Legal Fellow Albert ChenName: Albert Chen
Age: 31
School/Major/Year: McGill Law, 2008
Position: Legal Fellow
Office: New York Headquarters

 

In one sentence, what do you do all day?

 

I answer binational couple immigration law inquiries and directly represent asylum seekers.

 

How is that going?

 

Fabulously well.

 

What are you hoping to accomplish while here?

 

I hope to help as many people as possible who are in horrible situations because of homophobia; either due to violence against the LGBT+ community abroad, or because of discriminatory immigration laws here in the United States.

 

Where are you from?

 

I was born and raised in Toronto, Canada. I have lived, studied, and/or worked in Montreal, Washington D.C., New York, and Taipei, Taiwan and feel that my experiences in all these places have shaped who I am and how I approach my work helping people from diverse backgrounds and life histories.

 

Who did you root for in the World Cup?

 

I don’t follow sports — I love to run long distance races though….

 

What do you like most about New York?

 

In New York City you can totally and 100 percent be yourself. Because of this freedom, you can meet other wonderful people who have big dreams, a lot of talent, and who are doing interesting things with their lives.

 

The least?

 

Because it’s a big city and because many people here are workaholics, it can be difficult to develop a community of close friends or to take life at a slower pace. This makes for a dynamic, but stressful environment.

 

What neighborhood are you living in?

 

Hell’s Kitchen

 

Any suggestions for interns trying to live in New York?

 

Immigration Equality couldn’t have its headquarters in a better place as the constellation of non-profit, community, and social services groups and law firms in New York City is unmatched in their range, number, and size. Not only have I been able to interact with a wide range of clients, I have also made connections in various organizations and law firms. I have a strong sense of pride at how all these groups and organizations contribute to making the world a more just place.

 

What do you do in your free time?

 

I run often with the gay running group, Front Runners New York. There’s also so many good restaurants, bars and clubs in New York that I jump at the chance to get out and meet new people. The gay culture here is diverse, sophisticated and just plain fun. I’m on my second season subscribing to the Metropolitan Opera. Finally, I like wandering and discover new neighborhoods.

 

What are you currently reading?

 

The Heart of Darkness by Joseph Conrad. I never read it in high school and I want to watch the movie Apocalypse Now, so I thought it would be good background.

 

Favorite TV show?

 

I don’t watch TV, there’s too many fun things to do in the city.

 

If you had one superpower what would it be?

 

The ability to teleport to other countries so that I can collect documents for my clients.

 

What's the most surprising part of your internship?

 

TThe most surprising part of this fellowship is the amount of responsibility I have to advocate for my clients, and for making important legal decisions that will affect their cases.

 

What's the hardest part?

 

The hardest part is making tough decisions, such as telling someone that we cannot help them.

 

What's your interest in immigration rights?

 

As the child of immigrants, I readily see the benefits of immigration. As a foreigner here in the U.S., I can also identify with the challenges that many foreign nationals here face.

 

How did you learn about Immigration Equality?

 

A friend who had worked in the non-profit sector in New York knew of Immigration Equality’s great reputation and recommended I apply since it seemed like a good fit for me.

 

Are you at immigration Equality just for the summer?

 

No, I’m here for a full year fellowship.

 

To whom would you recommend an Immigration Equality internship?

 

I would recommend working here to anyone who likes a challenge, who feels that they are ready for a lot of responsibility, and who wants to learn a lot about the real world practice of law or advocacy/lobbying.

 

What are you planning next after your time with us?

 

I will be starting work with my corporate law firm, but hope to continue working with Immigration Equality on pro bono cases.

July 13, 2010

UNAIDS Reports on the End of the HIV Ban

Filed under: HIV, HIV News, In the News, International News — sralls @ 3:02 pm

unaids2

 

This post is from Lena Shapiro, who is working with the Immigration Equality communications department this summer.

 

The Immigration Equality legal team worked, for years, for an end to the United States’ ban on travel and immigration for people living with HIV. Our attorneys helped to lead the effort to get rid of the law, which created “stigma and exclusion” and, in many cases, deterred travelers and immigrants from getting the proper medical care they needed. Late last year, those efforts proved a success, as President Obama ended the ban. The reversal was a big step forward in ending discrimination and in furthering the rights of people with HIV.

 

This month, the UNAIDS publication Outlook offers an article looking at Immigration Equality’s work on the issue. UNAIDS reports that, across the country, the new laws are providing tens of thousands living with HIV with options they’ve never had before, and taking a strenuous weight off their shoulders.

 

“Mark Taylor,” who is profiled in today’s article, is an HIV-positive Canadian man who has now received his permanent residency card. John Newman, a Canadian and a former teacher recently profiled in The New York Times, was forced to leave the US when he found out he had HIV. With the new policy, he can return now, too.

 

As Outlook also reports, it’s not only the US taking strides in the right direction—China too recently repealed their travel bans on those living with HIV. In South Africa, rules limiting the work of HIV-positive military members were defined as “unconstitutional.” And while there have been great leaps towards equality, fifty-one countries’ restrictions on the travel and stay of those with HIV still remain in effect.

 

Even within the victories of the last year, there’s still work left to do. Yet it’s undeniably heartening to hear stories like the ones told in by UNAIDS today.

 

To read the full report, just click here; the article begins on page 106.

 

Additional questions or concerns? Our legal team has put together a pamphlet, which is also available online.

July 12, 2010

20 Questions with Intern Lorenz Haselberger

Filed under: Inside Immigration Equality, Legal Aid — Christopher Edwards @ 1:09 pm

Each season Immigration Equality offices welcome interns, legal fellows, and volunteers. Beginning this week, we will be introducing you to some of them with 20 questions. Want to work with us? Find out more here.

 

Intern Lorenz HaselbergerName: Lorenz Haselberger
Age: 23
School/Major/Year: Harvard Law School/JD Candidate/2012
Position: Legal Intern
Office: New York Headquarters

 

In one sentence, what do you do all day?

 

I help LGBT/H foreign nationals facing persecution in their home countries win asylum in the United States.

 

How is that going?

 

Fantastic

 

What are you hoping to accomplish while here?

 

My supervisors gave me primary responsibility to prepare the affirmative asylum application of one of our clients, so I hope that I’ll be able to win asylum for that client before the summer is out. I’m also working on a defensive asylum case that’s currently pending before an IJ. I’m writing the brief for that case, so I hope it does the trick.

 

Where are you from?

 

I spent the first years of my life in Munich, Germany. I emigrated to the United States in 1991, when I was about five years old. I grew up in Wallingford, Pennsylvania, in the suburbs of Philadelphia.

 

Who did you root for in the World Cup?

 

I don’t really watch sports.

 

What do you like most about New York?

 

Nighttime walks with my boyfriend along the Promenade in Brooklyn

 

The least?

 

I’ve experienced a bit more homophobia here in NYC than I did in my little bubble in Cambridge, Massachusetts

 

What neighborhood are you living in?

 

Brooklyn Heights

 

Any suggestions for interns trying to live in New York?

 

Don’t waste a lot of money trying to find a place in Manhattan, Brooklyn Heights is just as nice and much cheaper.

 

What do you do in your free time?

 

I like to go rowing, hiking, snowboarding and running. I also like to read.

 

What are you currently reading?

 

Orlando, by Virginia Woolf. I’m also perusing ImEq’s fabulous Asylum Manual, which is a must-read for any attorney working on LGBT/H asylum claims.

 

Favorite TV show?

 

The Wire

 

If you had one superpower what would it be?

 

I’ve always wanted to be able to fly.

 

What's the most surprising part of your internship?

 

The amount of responsibility legal interns get here seems unusual. I was pretty surprised when I got my first case-file plopped on my desk on my second day on the job. It can be kind of intimidating at first, but it certainly forces you to learn quickly.

 

What's the hardest part?

 

Listening to horrific stories of persecution and abuse from LGBT/H clients can be pretty depressing.

 

What's your interest in immigration rights?

 

I’m gay and I’m an immigrant.

 

How did you learn about Immigration Equality?

 

My career advisor at HLS’s Office of Public Interest Advising.

 

Are you at immigration Equality just for the summer?

 

Yes.

 

To whom would you recommend an Immigration Equality internship?

 

Anyone interested in immigration law, LGBT/H rights, or both.

 

What are you planning next after your time with us?

 

I plan to take a short vacation in Virginia, return to Cambridge, and work hard in my second year of law school.

July 9, 2010

GLAD DOMA Win in MA — First Step in a Continuing Battle

Filed under: In the News, Uncategorized — Victoria Neilson @ 9:29 am

UPDATE: The below blog post has been supplemented by a full FAQ, please see “What the DOMA Win Means for LGBT Binational Families”.
(more…)

July 8, 2010

U.K. Loosens LGBT Asylum Rules

Filed under: Asylum, Immigration News — Victoria Neilson @ 2:54 pm

“To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny his fundamental right to be who he is.”

 

These were the words of (the fittingly named) Lord Hope in a decision by the U.K. Supreme Court, in finding that it was improper for a lower court to require a gay man from Cameroon to hide who he was to avoid persecution. With this ruling, the U.K. law falls more closely in line with U.S. asylum law where generally courts cannot require an LGBT person to hide their identity to remain safe.

 

The ruling follows a recent report by the U.K. Lesbian and Gay Immigration Group that found that more than 98% of sexual orientation based asylum claims were being denied.

 

Let’s hope that this ruling allows more LGBT people to find safe haven in the U.K.



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