Rosiles-Camarena v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-3086
Decision Date: 
August 21, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Bd. erred in finding that it could use de novo review standard with respect to IJ’s order that had granted alien’s application for withholding of removal based on alien’s homosexuality and HIV positive status, when reversing IJ’s finding that there was likelihood that alien would be killed or injured as result of his sexuality and disease if forced to return to Mexico. On remand, Bd. is limited to considering whether IJ clearly erred in finding that alien was more likely than not to be persecuted if forced to return to Mexico.