Groups of immigrants come to the United States annually in an attempt to flee from unpleasant circumstances that await them in their respective places of origin. The best solution available for undocumented immigrants in the United States who are fleeing from some form of persecution is to petition for asylum. Typically, U.S. Citizenship and Immigration services would allow immigrants to seek asylum if they are able to corroborate the fact that they have been victims of persecution under grounds that cover race, nationality, being a member of a specific social group, religious beliefs, and political beliefs. Even if you are a victim of one of these circumstances, certain conditions still need to be met for you to qualify for asylum. The case of Gonzalez – Posadas exhibits this effectively.
Posadas is a citizen of Honduras who entered the United States as an undocumented immigrant twice. Posadas’s first entry into the U.S. resulted in his removal. The second time Posadas was discovered within U.S. territory, he was apprehended by authorities. Posadas claimed that he was a victim of threats from a Honduran gang and that he was being persecuted by members of his own family because of his sexual orientation. Immigration officials were able to qualify that Posadas’ circumstances were clear signs of persecution but still denied his petition for asylum.
Granting asylum under grounds of persecution does not extend to immigrants who are under a reinstatement of a previous order of removal. Posadas had the order of removal reinstated after he was discovered within U.S. territory for a second time under unlawful grounds. Posadas attempted to acquire protection from his circumstances under the Convention Against Torture. Posadas stated that he was raped and persecuted because of his homosexuality. Immigration officials moved to deny the petitions of Posadas for a number of reasons. The petitioner’s claims of rape went unreported. Regulatory restrictions do not count unreported incidents of rape to be sufficient to claim that an instance of persecution is existent. Posadas also failed to prove in clear and certain terms that he would be persecuted if he returns to Honduras because of his sexuality. Immigration found Posadas’ claims to be speculative at best. Even Posadas’ claims of gang threats were not covered by the regulations for asylum. Honduran men who resisted recruitment into gangs were not covered by the social group statute of USCIS asylum protocol. As a result of these factors, Posadas’ petition was denied.
If you or someone you know needs legal counsel regarding immigration and asylum issues, please contact the immigration attorneys at Lyttle Law Firm in Austin, Texas by visiting our website or calling us today at 512-215-5225.