Rosiles-Camarena v. Holder

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.