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It is a devastating reality that millions of people each year are persecuted in their home countries and are forced to flee to save their own lives and liberty. Part III outlines the proposed prioritizing credibility determinations over stereotyping for LGB individuals seeking asylum as modeled by the current procedures for religious asylum seekers. Part II describes the questions and assumptions that have plagued LGB respondents, why they are particularly problematic, and how the courts have eliminated such questions and assumptions for religious respondents. Part I provides an overview of the United States immigration system and asylum process and the major participants. This Note will argue that IJs should give a respondent who is claiming asylum based on his or her sexual orientation the same deference that they would give a claim based on religion IJs should ask questions to probe the respondent’s sincerity and credibility as opposed to asking questions that rely on stereotypes.
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2 Such a transition has not posed problems for IJs who adjudicate religious asylum claims, which provides an excellent framework for how to adjudicate other asylum claims, like those based on a refugee’s sexual orientation. They have instead encouraged IJs to rely on a refugee’s sincerity in testifying when deciding whether to grant or deny a claim for asylum. Recently, the circuit courts of appeals have chastised IJs for relying on such methods. In the past, IJs used similar, but much less demeaning, questions to quiz religious refugees about their claimed beliefs. Luckily, these questions are unnecessary for a fair deportation hearing. Such questions are demeaning to refugees and can cause them extensive mental distress. Many IJs, no matter which camp they fall into, nor whether they fall somewhere in between, can find themselves asking questions that are inappropriate, intrusive, and reliant on Western stereotypes in order to determine whether the refugee seated in front of them is actually gay. These IJs act as barriers, instead of mediators, between refugees and the relief that they seek. Other IJs can be critical, disbelieving, and uninformed about LGB issues. They try to do everything they can to ascertain the truth of the refugees’ claims and grant relief where possible. Many IJs are understanding and empathetic of the struggles of LGB refugees. These refugees must plead their case in front of an immigration judge (“IJ”). Some refugees who claim asylum because of their sexual orientation find themselves at risk for being deported. Often once they arrive, however, their battle continues. Consistent with its international obligation, the United States welcomes many of these refugees each year. While circumstances are not perfect for the LGB community in the United States, many LGB persons are able to find a safe haven in the United States where they are less likely, at least ideally, to be subjected to violence than in their home countries. It is an unfortunate reality that many members of the lesbian, gay, and bisexual (“LGB”) 1 community all around the world still face discrimination, and even violent persecution, for their sexual orientation.