Kadri v. Mukasey
GLAD joined an amicus brief in this immigration/asylum case at the US Court of Appeals for the First Circuit. The case involved an Indonesian doctor, Zulkifly Kadri, who was fired from his position at a clinic and ostracized at a hospital where he worked when rumors spread that he is gay. He sought asylum in the United States based on past persecution in his home country, as well as his fear of future persecution should he be required to return to Indonesia. Kadri’s application for asylum was initially granted in 2005, but that finding was subsequently overturned by the Board of Immigration Appeals (BIA), partially on the grounds that “closeted homosexuality” is tolerated in Indonesia and, therefore, that Kadri could avoid persecution by hiding the fact that he is gay. GLAD worked with Attorney Ilana Greenstein on a portion of the amicus brief demonstrating that the BIA’s assertion that a person must hide something fundamental to his or her nature – such as sexual orientation – as a valid alternative to refugee protection violates both domestic and international law.
In a positive decision, the US Court of Appeals for the First Circuit remanded the asylum claim for the BIA to articulate the standard for economic persecution. Read the decision on the Immigration Equality website.