Opening up a gulf in reasoning with the 9th Circuit, which has insisted on a distinction between the official policies of a government and the facts on the ground in evaluating whether gay people would suffer persecution or worse in a particular country, a panel of the U.S. Court of Appeals for the 2nd Circuit affirmed a ruling by an Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) that a gay … <Read More>
asylum
9th Circuit En Banc Panel Revives Gay Mexican’s Asylum Claim
An eleven-judge panel of the San Francisco-based U.S. Court of Appeals for the 9th Circuit revived an HIV-positive gay Mexican man’s claim for refugee status to remain in the United States on March 8, reversing rulings by a three-judge panel of the court, the Board of Immigration Appeals, and an Immigration Judge. The opinion for the court in Bringas-Rodriguez v. Sessions, 2017 U.S. App. LEXIS 4077, 2017 WL 908546, was written by Judge Kim … <Read More>
Denial of Refuge to Jamaican Who Claims to Be Bisexual Sparks Disagreement on 7th Circuit Panel
By a 2-1 vote, a panel of the Chicago-based U.S. Court of Appeals for the 7th Circuit affirmed a decision by the Board of Immigration Appeals (BIA) to deny relief under the Convention Against Torture to a Jamaican man who claims to be bisexual. [Petitioner] v. Lynch, 2016 WL 4376516, 2016 U.S. App. LEXIS 15127 (August 17, 2016). The majority of the panel, in an opinion by Judge Diane Pamela Wood, found that … <Read More>
7th Circuit Remands Gay Mexican’s Withholding of Removal Claim to BIA
A panel of the U.S. Court of Appeals for the 7th Circuit has granted a petition for review of the Board of Immigration Appeals’ (BIA) decision to deny withholding of removal to a gay, HIV-positive man from Mexico, finding that the BIA had failed to comply with a regulation governing review of Immigration Judge (IJ) decisions by engaging in de novo review of facts decided by the IJ. Rosiles-Camerana v. Holder, 2013 U.S. App.
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