Unpub. BIA MTR Victory: Russia, Homosexuality

Aaron C. Hall writes: "Our client first applied for asylum in 1992 based on persecution by the KGB in the former Soviet Union on account of his political opinion.  His application was denied by the IJ and on appeal by the BIA and the Tenth Circuit. He then filed a Motion to Reopen with the BIA in 2002 which was also denied.  We filed a Motion to Reopen with the BIA arguing that his case should be reopened to consider the persecution he would face in Russia on account of being homosexual.  The Board found that “while Russia decriminalized homosexuality in 1993, in recent years the Russian Government has become more closely allied with the Russian Orthodox church in its effort to promote ‘traditional values’ and intolerance against homosexuals, and that the Government is often indifferent to, or even encouraging of, violence against homosexuals.”  It therefore found that the motion to reopen fit within the exception to the time and number bars due to changed circumstances and remanded for a new hearing."

Matter of X-, Sept. 30, 2011.