Bringas-Rodriguez v. Lynch

Petitioner, a citizen of Mexico and a gay man, challenged the BIA's decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), and denying his motion to remand to the IJ in light of his recent HIV diagnosis. The court concluded that, in light of Castro-Martinez v. Holder, substantial evidence supports the BIA’s determinations that petitioner failed to establish past persecution or a well-founded fear of future persecution, and he is thus ineligible for asylum. The court's holding in Castro-Martinez forecloses petitioner's “pattern or practice of persecution” argument, and he failed to exhaust his argument that he will be “singled out” as a member of a “disfavored group.” Because petitioner failed to meet his burden to establish eligibility for asylum, he also fails the higher burden required to obtain withholding of removal. And because substantial evidence supported the BIA’s denial of CAT relief, the court denied the petition with respect to petitioner's claim under the CAT. Petitioner failed to establish a likelihood of torture: Conditions in Mexico are insufficiently dangerous for gay people to constitute a likelihood of government-initiated or -sanctioned torture. Finally, the BIA did not abuse its discretion in finding that petitioner’s HIV diagnosis, standing alone, does not require a remand to the IJ. View "Bringas-Rodriguez v. Lynch" on Justia Law