Amicus Brief: Gu v. Gonzales

Ninth Circuit: Human Rights First, along with Jubilee Campaign USA, the Center for Gender & Refugee Studies, the Harvard Immigration and Refugee Clinic, and Public Counsel filed an amicus brief in the case Gu v. Gonzales. Both the Board of Immigration Appeals and the U.S. Federal Court of Appeals in the Ninth Circuit had denied Petitioner Gu asylum based on his religious persecution claim. The brief argues that the court’s finding that the asylum seeker’s suffering does not constitute “persecution” was not consistent with the court’s definition of the term “persecution,” or with U.S. obligations under the Refugee Convention and the International Religious Freedom Act (IRFA). The brief also argues that, if left in place, the court’s decision would effectively force would-be refugees to avoid persecution by sacrificing their “fundamental right” to freedom of religion. Human Rights First and other amici petitioners were represented by Laura A. Wytsma of Sonnenschein Nath & Rosenthal LLP.