19. Annotated Sample Declaration

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.


SAMPLE DECLARATION

UNITED STATES DEPARTMENT OF HOMELAND SECURITY CITIZENSHIP AND IMMIGRATION SERVICES ASYLUM OFFICE LYNDHURST, NEW JERSEY IN THE MATTER OF: JOAO DOE

STATEMENT IN SUPPORT OF APPLICATION FOR POLITICAL ASYLUM

I, Joao Doe, declare under the penalty of perjury, pursuant to 18 U.S.C. sec. 1546, that the following is true and correct:

» Practice pointer: The declaration should begin with a brief introduction which lays out the basis of the asylum claim.

1. My name is Joao Doe. I was born on February 23, 1975 in Sao Bernardo do Campo, a suburb of Sao Paulo Brazil, and I am a thirty year old native and citizen of Brazil.

2. I am a gay man. In Brazil, there was and is such intense hatred and violence against actual or suspected homosexuals by the government, its police, death squads and society that I had to flee to the United States. As a gay man, I suffered public ridicule, beatings, and sexual abuse by police and prisoners. I struggled through my childhood and adolescence to hide my homosexuality, fearing rejection, violence and abuse from the police and others merely because I was different.

» Practice pointer: In general it is best to the use the term “gay man” or “lesbian” rather than “homosexual” as a self-definition. It is okay to use the terms interchangeably in the body of the declaration, but the noun “homosexual,” especially in the phrase, “I am a homosexual” sounds very clinical and has a slightly negative connotation.

3. Although I arrived in the United States on July 7, 2001, I was just diagnosed with HIV on July 18, 2005. In my country, people with HIV and AIDS are called AIDS carriers and mistreated by the government and society. There is much blame against gays for AIDS and therefore they perceive male persons with AIDS as homosexuals and mistreat them more. The fact that I am a gay man living with HIV makes me a greater target for future mistreatment in my country. While I have always been afraid to return to Brazil, now that I know that I am also HIV-positive, I am certain that returning to Brazil would be a death sentence. Because of this enormous change in my situation, I am now filing for asylum.

» Practice pointer: If the applicant has missed the one year filing deadline, this will certainly be an issue in the case. It is therefore important to address the issue head on.

Childhood

» Practice pointer: Bold face point headings help make the declaration readable for the adjudicator.

» Practice pointer: Although childhood mistreatment will almost never, in and of itself, be sufficient to win an asylum claim, it is important for the adjudicator to have as full an understanding of what the applicant’s life was like in his country as possible.

4. I am the fourth of eight brothers and sisters. My father is a shoe repairman and my mother, a housewife. I was more effeminate than most young boys growing up. As a kid, my classmates ridiculed me at school and on the streets shouting “menina” (“girl”) or “viado” (“faggot.”) They’d sometimes shove me when we were at the playground.

» Practice pointer: When detailing specific bad names or incidents with name calling, it’s best to write out the exact word in the language in which it was spoken (or written) and include the English translation directly afterwards.

5. I remember one incident in particular. When I was maybe nine or ten years old, around 1985, I was walking home from a school and a group of boys were playing soccer. When I was walking by they stopped playing and whispered to each other and then asked me if I wanted to play with them. I was nervous because I wasn’t a very good player, but I was so happy to be asked to join in, that I put down my books and ran over to join them. As soon as I made it over to the players, one of them pushed me to the ground and said that soccer wasn’t a game for “viados” and that if wanted to join the game, I could be the ball. Then they all started kicking me, and I curled up to avoid getting hit on the head, and they were all laughing, “look he even looks like a ball.” At one point they were all laughing so hard, I had the chance to get up and run away.

6. I ran all the way home. I remember trying so hard not to cry in front of the boys when they were kicking me, but as soon as I got away, I couldn’t help crying and crying. In my rush to escape, I left my books behind. I was too ashamed to tell my family what had happened and I lied to my teacher about losing my books.

» Practice pointer: It is very important to include detailed accounts of specific incidents which the applicant recalls. It is in these details that the adjudicator can really understand what the applicant went through in the past and why the applicant fears returning. It is also easier for the adjudicator to judge the client’s credibility if there is a specific incident about which the adjudicator can elicit more details. Often applicants are reticent to discuss specific incidents and instead make broad statements like, “I was called names all the time.” Or “I was always getting beaten up.” It’s okay for the applicant to make broad statements like this, but it’s essential to also detail specific examples.

7. I was too young to understand why I was different but knew that I was not as masculine as my brothers and other boys my age. I had no friends as a boy since the other boys insulted me and didn’t want to be seen with me. I didn’t tell my family about these painful episodes because I didn’t want to alarm them and call more attention to the ways that I was different from other boys. My family avoided discussing my difference.

Adolescence

8. In 1989, when I was around thirteen or fourteen years old, I started to realize that I was physically attracted to other guys. I had always known that I was different from the other boys, and I’d always heard the name “faggot,” but it wasn’t until I was in my teens that I began to have real feelings for other guys and began to understand just what my “difference” meant.

» Practice pointer: Remember that in an asylum case based on sexual orientation, the first thing you need to prove to the adjudicator is that your client actually is gay. The best way to do this is by providing detailed information about his “coming out” process, including when he first began to realize that he was gay and when he had his first romantic relationship with another man.

9. In 1990, when I was fifteen, I began to work at a local grocery store during the day and attend school at night. Until then I had been ridiculed and ostracized because others saw that I was effeminate and therefore assumed that I was homosexual. But up to that point I had never acted on my feelings.

10. In 1991, when I was sixteen years old and still working at the grocery store, a man by the name of Jorge moved into town from a larger city and started working at the Post Office down the street from the store. In or around May, 1991, I was in the town park when Jorge approached me and persuaded me to have sexual relations with him in a dead end street. I say “persuaded” because he was much older and came from a big city and said that he was married. I felt uncomfortable having sex with someone I’d just met, but I was sixteen and had never had any sexual contact with anyone. I remember feeling really scared, but at the same time, feeling kind of relieved to finally confirm for myself that I was gay and that that’s why I’d always felt so different.

11. While I knew that this encounter in the park wasn’t going to become a lasting relationship, I never imagined what Jorge would do. After we had our encounter, Jorge told a classmate of mine, Paulo, that I had had sex with him.

12. Paulo began to blackmail me, threatening to tell everyone in school how I was in fact a “viado” (“faggot”) unless I brought him things from the store where I worked such as cigarettes, beer and food. I had no choice but to do what he told me because I was so afraid of how much worse my life would be if he told more of my classmates that I truly was homosexual.

» Practice pointer: Although purely private incidents with other students may not meet the definition of persecution (since there is no state involvement and no unsuccessful effort by the applicant to receive state protection) it is worth including these accounts because they help to paint a picture of the intolerance the applicant faces in his society.

13. Although Paulo never did tell my classmates, I spent the next two years in that school in constant fear. I was afraid of how much worse my life would be if everyone at school knew for sure that I was gay. I was also afraid that I’d get caught stealing from the store and have to explain to my boss and parents the reason I was taking things.

My Family Moves to Sao Paulo

14. In 1993, at age eighteen, my parents decided to move to Sao Paulo itself. I was relieved that we were moving because I could no longer take the ridicule and blackmail by my classmate and hoped that my life as a gay man would be better there. Once there, I did meet other gay men, and I thought that my life would be easier. However, I soon realized that in big cities the problems for gay people were even bigger as I now describe.

15. I had not yet graduated from high school and hoped that moving to a new city, I’d be able to make a new start. I still had one more year before I would graduate and thought that moving someplace new, I could leave my troubles behind me, but almost immediately, my new classmates suspected that I was gay and made my life miserable calling me not by my name but names like “bicha” (“faggot”). I was so miserable that I eventually stopped going to school.

16. I remember one occasion when I got into the classroom late, but still before the teacher came into the room. As soon as I entered the classroom, all of the other students burst into laughter. I took my seat, and tried not to look at them. Instead I looked at the board in the front of the room, where there was a drawing of a man with an erect penis having sex with a goat. An arrow pointed to the man with my name.

17. I remember opening a book and pretending to read so that I could try to ignore the other students. When the teacher came in, he started yelling at me, asking me if I’d drawn this picture, and the students all began laughing again. I was so humiliated, I just left the classroom without saying anything.

» Practice pointer: It is always best to include specific examples of mistreatment or problems which the applicant suffered. It is much more powerful for the reader to hear the details of a particular incident than for the applicant to make generalized statements like, “Other students always made fun of me.”

18. There were other times that I would remain in the classroom to avoid being publicly humiliated by the other students when I went outside. I actually filed complaints with the school director’s office. Instead of disciplining the other students, the director told me that if I would act more like a man, I would not have these problems with the other students.

» Practice pointer: It is important to state that the applicant filed complaints, if he did, because this helps show that what he suffered was not merely isolated incidents of adolescent cruelty, but rather that the institutions in his country did not protect him from this behavior.

19. Even though I only had half a year left to get my high school degree, in the winter of 1993, I dropped out of school. I remember that my mother was very disappointed because she always thought I’d go on to college and maybe become a lawyer or a doctor. Instead, I got a job working in a men’s clothing store called Armando’s.

20. I was relieved to be away from the abusive environment of the school at last, though I also felt depressed about my future. This was a hard time because I was still living with my family, but I couldn’t explain to them the real reason I left school. I just told them that there was no point to going to school and that I was old enough to earn my own money.

My First Relationship

» Practice pointer: To prove that the applicant actually is a member of the particular social group of “homosexuals,” it is important to include detailed information about relationships he had as proof of his sexual orientation.

21. After I’d been working at Armando’s for around six months, my life changed for the better. A young man came into the store looking to buy a suit, and I went over to ask him if he needed help. Immediately I felt a connection with him. I could sense him looking at me longer than he needed to and I felt nervous talking to him.

22. I helped him try on several suits. He told me his name was Ricardo and he asked me to meet him at a bar later. I remember feeling like I could barely breathe when I wrote down the address of the bar.

23. I met Ricardo later that night at a bar that was filled with men. It was the first time I’d been to a gay bar. I felt scared going in there because I knew these bars were sometimes raided by the police, but I also felt elated seeing all these gay men who were so comfortable being together.

24. As soon as I saw what kind of bar this was, I knew for sure that Ricardo was interested in me in the same way I was interested in him. Since I still lived with my family, we went to his apartment from the bar. This was an amazing night for me, to be with someone close to my age (Ricardo was 22), who seemed like he really liked me and was comfortable with being gay himself.

25. After that, Ricardo and I started to see each other regularly. This was an amazing period for me. After spending my whole life feeling like there was something wrong with me and like I’d never fit in, I finally found a person who was like me and who accepted me as I was. About nine months after I met Ricardo, in early 1995, I moved into his apartment with him.

26. I’m sure that while I was still living at home, my family had begun to understand the true nature of my relationship with Ricardo. We were together all the time. I started coming home very late, and sometimes not at all. And when we weren’t together we were talking on the phone. Although I could sense increasing tension with my family, everyone chose to ignore the situation and pretend that what they knew was happening wasn’t really happening.

27. Living with Ricardo was wonderful. We were finally free to be ourselves together without having to worry about when I’d get home or what my family might think. Knowing someone who had been “out” longer than I had was also very good for me. Ricardo introduced me to his other gay friends, and I soon had a whole circle of gay friends.

Problems with the Police

28. Even though my home life was improving, however, this didn’t mean that as a gay man I was free to live without fear in Brazil.

29. My friends and I never found peace on the streets since young heterosexual men would approach, insult and even attack us as “viados” (“faggots”) and AIDS carriers. Even then there were gangs of men who would drive by us in the plaza and throw rotten eggs, water balloons, sticks, and rocks at us shouting that we were faggots and AIDS carriers.

30. The police in Brazil, who are supposed to protect people, instead were often the most abusive towards gay people. We gay people could not defend ourselves against the police but only held our heads down and listened to them in silence. We always knew that if we made them angry, they had this special mistreatment called “telephone,” a technique where the police officer opened his two hands, lifted us his arms and brought them down hitting the person’s ears, causing intense pain and ringing in the ears.

31. I recall one night in 1996 that the police applied the telephone to my friend Claudio because they claimed that he was homosexual, out late at night and should be home and he spoke back to them.

32. Ricardo and I were at home at around 11:00 when Claudio knocked on our door, waking us up. His shirt was torn and he looked visibly shaken. I asked him what happened but he wouldn’t talk about it, he just asked if he could sleep on our couch. It wasn’t until the next morning that he told us what the police had done and about the “telephone” treatment he had received.

» Practice pointer: Since asylum claims are based on fear of future persecution as well as past persecution, it is helpful to include accounts of serious problems that other gay people the applicant knew experienced. As with the applicant’s own experiences, it’s important to include details rather than to generalize.

I Am Raped by a Policeman because I Am Gay

33. In the summer of 1996 I suffered a terrible experience which still haunts me. I was coming home at night from eating dinner out with some friends. After I’d walked a few blocks from the restaurant towards the bus stop, a man who seemed drunk approached me and told me to walk with him. I told him I did not have time and tried to walk away from him. He then grabbed me, called me “a faggot” and told me not to do anything funny because he had a gun. He forced me to walk with him all the way up a hill near a sawmill, located on the other side of the train tracks. He then pulled down his pants and forced me to perform oral sex on him at gunpoint. Afterwards, he made me take off my clothes and raped me. When he finished, he put his gun into my anus and told me to be still, otherwise he would pull the trigger. He warned me that if I told anyone, he’d kill me. He left me there at the sawmill alone, crying. I made my way home.

34. I pulled myself together before I got home, and I decided not to tell Ricardo about what had happened. To this day, I don’t really understand why I didn’t tell him. But that night I just felt dirty and used, and felt, somehow like I was at fault for this happening. I worried that Ricardo wouldn’t want to be with me any more if he knew.

35. I was angry about what happened, but I also feared reporting this experience to the authorities given his threat. After this happened, I was scared to leave my home because I was afraid I might see him again and he might abuse me sexually again. Even though I didn’t tell Ricardo what had happened, our relationship changed after this. About two months after the rape, the two of us broke up, though we remained friends. I moved out of Ricardo’s apartment and shared an apartment with another gay friend named Silvio. Silvio and I became good friends, but were never romantically involved.

» Practice pointer: It is always helpful to get affidavits or letters from the applicant’s former partner(s) confirming their relationship as another way of proving the applicant’s sexual orientation.

36. In June, I learned who the man that raped me was when I saw his photograph in the Diario Do Rio Doce newspaper. His name was Joaquim Cruz and he was an undercover member of the Policia Militar de Governador Valadares, PMGV, the military police. The newspaper reported on his death. He was killed in retaliation for having allegedly killed a young couple with a hammer. When I realized that he had been a military police officer, I was even more thankful that I did not report him to the authorities. Now that he was dead, I felt a little safer but that would not last for long.

» Practice pointer: It is always important to explain whether or not the applicant reported the mistreatment to the authorities. If the applicant did report the incident, what was the result? If the applicant did not report the incident, why not? Even when the applicant suffers harm directly from government agents (like police officers) adjudicators may want to know whether the applicant reported the incident to a higher authority within the government. The applicant should explain why he didn’t feel safe doing so, even if the reason (i.e. the police already abused him) seems obvious to him.

My Second Incident with the Police

» Practice pointer: Incidents of mistreatment directly at the hands of the government are the clearest examples of persecution. It is crucial to provide in-depth, detailed accounts of any problems the applicant experienced with the police, military or other government agencies.

37. On another occasion, in around March, 1997, at around 9:30 p.m., I was sitting in the Plaza Italia with my friends Silvio and Nelson, talking with other gay friends when all of a sudden four police cars pulled up with two police officers in each car. They said to one another, “There are the faggots” and pointed their guns at us. They ordered us to get in their cars because the Police Chief wanted to see us. We asked why but they refused to answer but said that we would soon know why. When we got to the police station, we continued to ask why we were under arrest, and the police officers continued to insult us as “viados” (“faggots”), and ordered us to shut up and behave since otherwise we would be beaten.

38. The commanding officer directed us into a room and ordered us to get undressed down to our underwear and get in a line to be processed for the cell. At the head of the line there were two police officers holding a “cacetete,” a weapon made of hard rubber with a wooden handle. They ordered us to walk by them to the cell. Each time we passed, they smacked us hard twice in the buttocks saying this was our stamp to get in the cell. Being hit by the “cacete” was very painful.

39. The commanding officer forced us into a ten foot by ten foot cell with a cement floor and six common criminals. The officer told the criminals “here come your girlfriends, rape them and do what you want with them.” He encouraged the criminals to sexually abuse us! The criminals clarified that they were in there for some time for different kinds of offenses from fights, to car thefts and drugs.

40. As soon as the officer left, the criminals attacked us, pairing up, making us perform oral sex and raping us. I cried to myself as I endured this rape by two criminals. I knew that we were outnumbered and the police condoned the criminals’ actions, so there was nothing I could do to escape.

41. At sunrise, when a guard came to the cell to check on us, we asked when we were to see the Police Chief. The guard told us that it might not be until tomorrow if he decides to take the day off. I became petrified that I was to be detained without charges indefinitely at the mercy of these criminals and their sexual abuse.

42. Thankfully a few hours later, an officer finally came to bring us from the cell to see the Police Chief. We were ordered up against the wall when the Chief came in. In front of the other officers, the Chief insulted us as “viados” (“faggots”) and asked us how we enjoyed the evening in the cell. He ordered us to walk across the room, still in our underwear, saying that we walked like faggots. He warned us that he did not want to hear anything about us or see us hanging out on the street, since the next time, we would not be released the following day but be kept in jail for our faggot ways. He then ordered us to get dressed and sent us out of the police station. “Look at the faggots walk,” the Chief and other officers laughed as we left. It was therefore now completely clear to me that the Chief and police had detained me and my friends and encouraged the criminals to sexually abuse us as punishment simply because we were gay.

43. I suffered bruises from the criminals’ rape all over, including in my rectum and I could not sit down for days from the pain. I did not seek medical attention for fear of being identified as a homosexual by the doctor and mistreated. I did not report the actions of the police since it was the police themselves who told the criminals to abuse us. I believed if I tried to make some sort of complaint, I would only be attacked again by the police. In Brazil, gay men frequently “disappear” and I feared for my life if the police thought I was a troublemaker.

» Practice pointer: If the applicant suffers an injury which requires medical treatment, it’s important to obtain the medical records. If the applicant did not seek medical treatment, it’s important to explain why not since the adjudicator may wonder why the applicant has not provided medical records otherwise.

My Third Incident with the Police

44. About one month after the arrest, on the Wednesday before Good Friday of 1997, at around 8:30 p.m., I was with my friend Silvio, and another friend, Jose, just walking down the street together, when we saw two police cars approaching. The sight of the police sent us running for our lives given the Chief’s previous threat against us if the police found us again. I could not escape too far but scrambled up a bushy tree from where I could not see much of what happened but could hear everything. I heard the police officers shout “stop!” I heard one of my friends, Jose, begging the officers to let him go because he had done nothing wrong. The police said that he looked like a faggot and that they would take him to the station. “Get in,” they shouted to him and drove off.

45. After they left, I got down from the tree thankful that I had not been discovered but panicked over what might happen to Jose. I later learned that they detained him overnight without charges. He wouldn’t speak with us about what happened to him in jail, so I suspect that he was also subjected to sexual abuse.

46. During this time, I had started to take classes at night so that I could get my high school graduation certificate. I had begun to realize that I wouldn’t have any future if I didn’t go back to school. In the fall of 1997, I began to take business classes part-time at the University of Sao Paulo while continuing to work at the clothes store.

My Fourth Incident with the Police

47. At the end of February, 1998, I went to Rio de Janeiro to spend Carnaval. On a Saturday night at around midnight, I was walking in a park with an acquaintance named David when two police officers suddenly appeared. The officers demanded to know what we were doing. We told them that we were only talking, which was the truth. The officers called us liars since no two men would go to a park just to talk. They demanded to know which of us was the “bicha” (“faggot”). We denied that we were faggots. They responded that if we did not confess, they would take both of us to jail where we would be kept until Ash Wednesday. I decided to confess since I feared the abuse we would face in jail. They ordered David to leave.

48. When I asked whether I could go now, they responded, “Not before you give us something in return.” The officers pointed their guns at me and ordered me to perform oral sex on both of them. I felt sickened to have to do this, but realized that they had guns and I was completely at their mercy. The abuse lasted around 30 minutes. Afterwards, they released me, telling me “Go, but don’t look back or you’re dead.” As I walked from the park, I shivered in fear that they would shoot me in the back even as I did not look back at them. Again, with the police themselves abusing me and threatening me, I was too afraid to try to report what happened. I didn’t want to go near a police station for fear I’d see the same officers again.

49. After this incident happened, I decided that I would try to avoid going to places where gay people gathered because I was terrified to have another encounter with the police. For the next couple of years I focused all of my energies on working during the day and going to school at night. This was a lonely time for me but I felt like my life was moving forward since I was doing well in school.

My Fifth Incident with the Police

50. It wasn’t possible for me to live my life completely without human contact, however, so one night in June, 2001, after an exam, I went out to a bar with Christian, a gay friend from the university. I was returning home late at night at around 1 a.m., when two police officers stopped me and asked where I was coming from. I told them the truth that I was coming from a bar called Los Ventos. Everyone knew that gay people met each other at this bar, so the police assumed I was gay and began to ridicule me. They told me that I was a faggot, looking to get “fucked,” and that they would take me into the station to let the prisoners have fun with me. I was terrified of being thrown in with the common criminals again and being sexually abused again, so I told them I had to get home to go to work the next morning and began to walk away. One officer took his cacetete in rage and smacked my left hand threatening me to “get out of their sight, faggot!”

51. I was so afraid, I started running. I remember that I could hardly see while I was running because I couldn’t stop myself from crying. I really believed that I was going to be shot in the back for running away from them, but at that point I decided that I’d rather be killed than be forced again to have sex with the police. Even now when I think about it I remember how I felt that night, scared, angry, humiliated, and completely powerless to protect my rights in a country where the police are free to attack us.

52. That night I decided that whatever it took, I had to get out of Brazil. Later that week, I applied for a tourist visa to come to the U.S. but it was denied.

Escape to the United States

53. After many years of not having an honest conversation with my family about my sexuality, I finally sat down and told my mother everything that I had experienced because I am gay. We talked late into the night, both crying and she agreed to help me get out of Brazil. She helped me pay for a plane ticket to Mexico, and on June 23, 2001, I flew to Mexico City. After that, I met up with some coyotes who were friends of my mother’s brother. On July 7, 2001, I entered the United States without inspection by Laredo, TX.

» Practice pointer: Although in this case the applicant missed the one year filing deadline so his exact date of entry is not essential, it is still helpful to bolster his overall credibility if he can submit evidence confirming his story of entering the United States Thus, he should submit a copy of the airline ticket or passport with the entry stamp into Mexico. It will also be crucial to include an affidavit or letter from the applicant’s mother confirming that she agreed to help him after concluding that his life was at risk in Brazil.

54. On July 18, 2005, at the Callen-Lorde Community Health Center, I tested HIV-positive. The news devastated me partly since I always practiced safer sex, except when the police and criminals in Brazil sexually abused me against my will. I panic just thinking about being deported to Brazil as a gay man living with HIV. It is my understanding that there is intense discrimination against people with HIV and AIDS in Brazil. Because of poor information about AIDS, people with HIV and AIDS are treated unfairly. Those who have the disease are ostracized and treated like lepers. I recall that many times while in Brazil since people think homosexuals are responsible for AIDS and are AIDS carriers, people who suspected that I was a homosexual insulted and threatened me as an AIDS carrier even when I was HIV-negative. Now that I am HIV-positive, I believe they will try to hurt me any way possible by not treating me in the hospital, refusing to give me employment, and not protecting me from police or gang violence.

55. I also fear for my life if deported because I am a gay man, considering the abuse I already experienced as a homosexual and considering the rise of the death squads that have been killing homosexuals with impunity. I have heard from my friends in Brazil of several people in my city who were murdered because of their sexual orientation and HIV status. I heard that in May 2003, Oswaldo Borges, an acquaintance of mine was found dead at age 27, with his body dismembered at a gas station in town. It is believed that he was murdered because he was HIV-positive.

56. To date, I still experience nightmares over what happened to me with the police, criminals and society. However, I wake up and am thankful for having found real safety in the United States.

57. I did not apply for political asylum until now in the United States since I did not know that the persecution I suffered in the past and fear in the future as a gay man could be the basis for political asylum here. It was not until I was diagnosed with HIV, two months ago, that I learned about asylum from a social worker at the Callen-Lorde Community Health Center. The social worker, Martin Peña referred me to Immigration Equality.

58. Although I have always been afraid to return to Brazil because of my sexual orientation, now, as a gay man who is also HIV-positive I’m more afraid than ever. I believe that if I’m deported to Brazil I will again face abuse and rape by the police, and that the mistreatment I face will be even worse now that I am also HIV-positive.

59. It is my hope that after so much abuse and mistreatment as a homosexual including physical and sexual abuse by the police and criminals and the prospect of even more abuse and mistreatment as a homosexual with HIV/AIDS if deported to Brazil, that the Asylum Office will consider granting me political asylum in their discretion. I thank you for your consideration of my application.

Signature Line Joao Doe Sworn to before me this 15th day of February 2006

Signature Line Notary Public

This Manual is intended to provide information to attorneys and accredited representatives. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.


The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

Self-help asylum guides for LGBTQ and HIV-positive people without attorneys.

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