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Gays and Lesbians can Obtain asylum in US on Grounds of Harassment and Abuse

to Gay Life, a Baltimore newspaper.

Yet J.C., a District man from Rio de Janeiro who spoke on condition he not be further identified, won his asylum petition in 2001 after proving that he had been repeatedly beaten and abused by powerful, armed street gangs in his hillside slum, known as a favela, and that the local police force had failed to protect him. "Pride parades are fine, but life is very different if you grow up poor in a favela," Pilcher said.

Fear of AIDS is another frequent factor in public and private harassment of homosexuals abroad. A doctor from Venezuela, who treated people with HIV and AIDS there and championed their cause within his profession, was granted asylum this year after being kidnapped, beaten and sexually humiliated by a police squad.

"I was lucky because I could prove my case, because I speak good English and have a useful profession," said the man, a D.C. resident who spoke on condition he not be identified because he does not want to jeopardize his job as a U.S. government medical researcher. "A lot of people don't have winnable cases, but they are living desperate lives."

Ironically, experts said, it might be harder for homosexuals to win asylum claims on grounds of sexual orientation if they come from countries with dictatorial governments that repress a variety of people. Victoria Neilson, legal director of a private New York agency called Immigration Equality, said that seeking asylum from a country with a great deal of violence might work against a gay applicant.

"We have cases from all over the world, but sometimes people who come from the scariest countries have the hardest time proving their case," said Neilson, whose office currently represents asylum seekers from 26 countries including Albania, Indonesia, Jamaica, Turkmenistan and Zimbabwe. "If you come from Iraq where nobody feels safe, it is hard to show why you would be singled out," she said.
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