Shawn* is a Jamaican man who speaks English. He suffered severe anti-LGBTQ persecution in his country, including having acid thrown on him and being threatened with death. He fears that he will be seriously harmed or tortured if he returns to Jamaica. He is eligible for fear-based defenses to deportation that may include asylum, withholding or removal, and protection under the Convention Against Torture.

While he was growing up, Shawn was bullied for the way he walked and dressed. People would mock him and call him names because they thought he was gay. The most recent U.S. State Department human rights report confirms that violent crime targeting lesbian, gay, bisexual, transgender, queer, or intersex persons is a significant human rights issue in Jamaica. The U.S> government also notes that Jamaica still has laws criminalizing consensual same-sex sexual conduct between adults and that the Jamaican government does not punish human rights abuses.

In 2018, Shawn was the victim of a violent anti-LGBTQ attack. A woman from a prominent and powerful family accused Shawn of having a relationship with her boyfriend. She threw acid at Shawn, which caused severe burns to his body and required him to be hospitalized. He still has burn scars on his neck, chest, legs, and arms.

After the attack, the woman and her family told several people that Shawn had a sexual relationship with her boyfriend. When he was released from the hospital, Shawn worried that people would continue to target him, so he sought shelter with a friend. Members of a local gang heard the accusations, came to his friend’s house, and asked his friend why he would help Shawn if he knew that Shawn was gay. They told his friend that Shawn couldn’t stay with him any longer, and if Shawn didn’t leave, his friend’s entire family would be in danger. The gang members fired shots at Shawn in an attempt to kill him.

Shawn fled from his friend’s house. He began to receive threats over the phone from the woman’s family telling him that they would kill him. They also sent him threatening messages through Facebook. Shawn went to the police and attempted to report the threats he was receiving, but they did nothing. Finally, Shawn fled to the United States.

Shawn’s family also experienced harm by gang members in Jamaica apart from the persecution related to his sexuality. He grew up in a neighborhood in Kingston controlled by a local gang. When he was around 5 or 6, his father was targeted and killed by gang members. Three of his cousins were also killed by gang members in 2018, 2019, and 2023.

Shawn fears that if he returns to Jamaica, the family of the woman who threw acid on him will find him and kill him. He fears that the gang members who shot at him will continue searching for him and attempting to kill him for anti-LGBTQ motives. He also fears that he will be killed by gang violence if he returns to his home in Kingston based on the killing of four of his family members in the past.

After a female family member accused Shawn touched her inappropriately, Shawn pleaded guilty to second-degree assault. Opposing counsel may use this to question Shawn’s credibility on the anti-LGBTQ persecution he endured (and would face again if deported). Accordingly, Shawn needs legal representation to help him tell his truth to the court and explain any apparent inconsistencies.

All Amica Center matters placed with a pro bono team are robustly mentored by an Amica Center attorney. Our mentoring program includes an opening meeting to discuss the scope and process of the matter, provision of samples, guidance on the law, review of draft filings, assistance with client contact, and guidance on preparation for interviews and hearings.

• Timeline: Individual (merits) hearing is on December 6 in immigration court in Elizabeth, NJ.
• Language: Speaks English fluently
• Location: Moshannon, PA (detained)

For more information about this case, please contact Jennifer Grishkin, Managing Attorney for Pro Bono Coordination, at jennifer@amicacenter.org.

*Pseudonyms are used to protect privacy

*Pseudonyms are used to protect privacy.