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CA9 Reverses Denial of Asylum to Homosexual Petitioner from Mexico

The en banc Ninth Circuit reversed the Board of Immigration Appeals's denial of asylum to a homosexual citizen of Mexico, finding that the petitioner had shown that Mexican officials were unable or unwilling to protect him from harm by private individuals due to his sexual orientation, and thus that he had established past persecution. The court also concluded that the petitioner was entitled to a presumption of future persecution, and remanded for the BIA to consider whether that presumption was rebutted, and also to consider the petitioner's claims for withholding of removal and Convention Against Torture (CAT) protection, taking into account new evidence of the petitioner's HIV diagnosis.

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