White & Case recently won a case for our pro bono client Mr. A, a young man from Syria who sought asylum in the United States for his past persecution and fear of future persecution related to his sexual orientation. Mr. A was referred to White & Case through Immigration Equality, an organization specializing in LGBT asylum cases.

To gain asylum in the United States, an individual must prove that he/she falls under the statutory definition of a refugee. Under 8 U.S.C. 1101(1)(42), a refugee is defined as "any person who is outside any country of such person's nationality...and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." Since homosexuality is not a recognized category under the definition of a refugee, White & Case had to demonstrate that Mr. A is a part of a distinct social group, comprised of gay men in a conservative and religious country that does not accept homosexuality, punishes homosexuals because of their sexual orientation and is unwilling to protect homosexuals from persecution at the hands of non-state actors.

Although Mr. A had not suffered persecution at the hands of the government of Syria, White & Case was able to show that he would never be able to live openly as a gay man in his native country and would always face the risk of persecution because of his sexual orientation. As part of Mr. A's application for asylum, White & Case provided expert affidavits demonstrating that homosexuality is a crime in Syria, punishable by a term of three years in prison. We were also able to show that homosexuality carries a strong stigma in Syrian society, which could potentially motivate Mr. A's family or community to punish him for the shame he would bring to his family because of his sexual orientation. White & Case further demonstrated that in the event that Mr. A's family learned of his sexual orientation and decided to restore the family's honor by punishing Mr. A, the Syrian government would likely not step in to protect him.

After an affirmative asylum interview before an immigration officer from the United States Citizenship and Immigration Services, on March 24, 2009, White & Case successfully obtained a "recommended approval" for this pro bono client.

New York: Jim Stillwaggon, Po Saidi, Peter Wilhelm, Yasser Riad and Johanna Tyyska

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