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Paul O'Dwyer, A Well-Founded Fear of Having My Sexual Orientation Asylum Claim Heard in the Wrong Court. 52 N.Y. L. Sch. L. Rev. 185-212 (2008).

O’Dwyer, a practicing immigration attorney, combines data and practical experience to conclude that “one of the decisive factors in asylum claims based on sexual identity will continue to be the identity of the judge, rather than that of the applicant.” All told, “with the exception of the Ninth Circuit, the odds of being successful on a petition for review in a sexual-identity-based protection claim are extremely slim.” Immigration courts, in fact, despite reputations to the contrary, “have proven themselves far more receptive to sexual-orientation based protection claims than the federal courts.” Given these obstacles and inconsistencies across jurisdictions, the author shares the lessons of his experiences by offering advice on how asylum cases might be successfully argued. 9 more words


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