This article from ABC news raises two interesting issues: That of asylum based on sexual orientation, and that of the one year deadline to file for asylum.
I am particularly interested in the one year issue as it has come up many times when discussing potential asylum claims with clients. The law requires that an applicant for asylum file his/her application within one year of arrival in the United States. I do find one year to be a generous amount of time. Additionally, there are some exceptions to this rule given the appropriate circumstances, but generally the courts will not accept a delay of more than 6 months as reasonable.
But what to do in a case like this one, where the person who wishes to seek asylum has been living in the United States since childhood, brought here by his parents and believing all his life until he reached adulthood that he was a citizen? Mohammad Abdollahi is a 24 year old man who was raised in Ann Arbor, Michigan since childhood. It was only after his arrest at a protest (the article does not mention what kind of protest or the specific charges against him) that it came to his attention and to the attention of the authorities that he is here without any lawful status. Given the Department of State recognizes and documents persecution of gays and lesbians in Iran, it seems that, absent the one year issue, Mr. Abdollahi could have a viable asylum case based on his sexual orientation.
This is another type of downfall for the children in limbo that I spoke about in an earlier blog. It will certainly be interesting to see if this case or another like it will result in a new legal precedent that will clarify further the exception to the one year rule.
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