Haruna v. Sessions

On September 12, 2018, the United States Court of Appeals for the Second Circuit decided the immigration case of Abubakar Haruna, also known as Fatima Abiola Haruna, a Nigerian national. Haruna sought asylum and withholding of removal based on persecution she feared due to her sexual orientation and gender identity as a lesbian and masculine-presenting woman in Nigeria. The immigration judge denied her application after an adverse credibility finding, and the Board of Immigration Appeals (BIA) affirmed. The Second Circuit granted the petition for review, finding that the agency's adverse credibility determination was not supported by substantial evidence, and that it failed to properly consider the extensive country-condition evidence documenting systemic persecution of LGBT individuals in Nigeria. The court vacated the BIA's order and remanded the case for further proceedings consistent with its opinion.

The Second Circuit granted the petition for review, vacated the BIA's decision, and remanded for further proceedings consistent with the court's findings.

Whether the immigration judge and the BIA erred in their adverse credibility determination and failed to adequately analyze Haruna's risk of persecution based on sexual orientation and gender identity in light of country condition evidence, in violation of immigration regulations and due process.

The ruling underscored the obligation of immigration adjudicators to meaningfully engage with country-condition reports and to avoid relying on speculation or improper stereotypes when assessing the credibility and risk faced by LGBT asylum seekers. It reinforced protections for sexual and gender minorities within the U.S. asylum system and contributed to the evolving body of circuit law clarifying evidentiary standards in persecution claims.