Immigration Law Associates, PC

Bisexual Man’s Plea for Asylum DENIED by 7th Circuit

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Ray Fuller, a 51 year-old Jamaican man, was denied a review of his asylum application for fear of persecution over his bisexuality by the Seventh Circuit. Fuller, who remains in jail had filed a petition for review with the Seventh Circuit after an immigration judge and the Board of Immigration Appeals denied his request to remain in the United States. The majority claims that Fuller failed to establish that he is bisexual. He was unable to provide solid facts about his sexuality and could not confirm or verify the date he was shot at the gay-friendly resort town of Ocho Rios.

Judge Posner objected the immigration judge’s decision. Posner said that the judge focused too much on the Fuller’s history with women and his previous marriage to a woman and overlooked the present evidence about the harassment of LGBT persons.  Judge Posner said, “The fact that [the judge] refused even to believe there is hostility to bisexuals in Jamaican suggests a closed mind…”

In his dissent, Judge Posner said Fuller testified at length about being bisexual and the discrimination he received in Jamaica, but the immigration judge did not consider that, he solely focused on the gaps in Fuller’s testimony that had nothing to do with his sexuality.

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