Rising Road: A True Tale of Love, Race, and Religion in

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In 1996, the Immigration and Naturalization Service (INS) Office of General Counsel issued a memorandum which recommended that the INS and the Executive Office for Immigration Review (EOIR) should grant asylum based on the social group category of HIV-positive individuals, assuming that the applicant in question meets all of the other elements required for asylum. 12 Although there are no precedential cases which recognize HIV status as creating membership in a particular social group, asylum has been granted in some cases where HIV persecution was an essential element of the application. 13 In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which generally restricted access to asylum protection and greatly hindered the ability to obtain asylum status on the basis of sexual orientation.

Pages: 352

Publisher: Oxford University Press, USA (February 16, 2010)

ISBN: B007SRY4MI

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