Bringas-Rodriguez v. Sessions

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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). A divided panel of this court, relied primarily on the court's decision in Castro-Martinez v. Holder, which interpreted the "unable or unwilling to control" standard as requiring proof that the police are unable or unwilling to control the sexual abuse of children generally. The panel majority adopted the IJ's conclusion that it was unlikely that the Mexican government would take no action to control the "abuse of children." The court granted rehearing en banc and held that the evidence petitioner adduced before the agency satisfied the court's longstanding evidentiary standards for establishing past persecution. In this case, petitioner provided credible written and oral testimony that reporting was futile and potentially dangerous, that other young gay men had reported their abuse to the Mexican police to no avail, and country reports and news articles documenting official and private persecution of individuals on account of their sexual orientation. Therefore, the court concluded that petitioner suffered past persecution that the Mexican government was unable or unwilling to control. The court overruled Castro-Martinez to the extent it might suggest otherwise and remanded the petition to the BIA for further proceedings. View "Bringas-Rodriguez v. Sessions" on Justia Law