The following article appeared in today's (Monday, Aug. 2)
Wall St. Journal in the Law column.


ASYLUM GIVEN TO GAY MAN
by Wade Lambert
Staff Reporter of The Wall Street Journal

A gay Brazilian was granted political asylum in the U.S. because
he was found to have a reasonable fear of persecution in Brazil
based on his sexual orientation.

In making what appears to be the first decision of its kind in
the U.S., Philip Leadbetter, an administrative law judge for the
Immigration and Naturalization Service in San Francisco, ruled
that the Brazilian was part of a social group targeted for
persecution, one of the requirements for asylum.  Mr. Leadbetter
cited evidence of "anti-gay commando' groups" in Brazil and
attacks on gays.

The Brazilian, 30-year-old Marcel Tenorio, said he fled to the
U.S. in 1990 because he feared for his life after he was beaten
and stabbed outside a gay club.

Gay-rights groups recently have begun pursuing such cases before
the INS.  Viet Nguyen, of the International Gay and Lesbian Human
Rights Commission in San Francisco, said about two dozen similar
cases are pending.

Tania Alvarez, a San Francisco attorney who represented the
Brazilian, said that although decisions by administrative law
judges don't set precedent, Mr. Leadbetter's 18-page ruling is
likely to influence other cases.  "It will make it easier for the
next judge," said Ms. Alvarez.

David Ilchert, INS district director in San Francisco, said, "The
record is being reviewed by our legal office to see whether or
not the judge's decision will be appealed."

(In re the matter of Marcelo Tenorio, File No. A72 093 558, U.S.
Department of Justice, Executive Office for Immigration Review,
Immigration Court, San Francisco)