Record contained sufficient evidence to support IJ’s denial of alien’s application for withholding of removal based on claim that alien would be subjected to persecution due to his bisexuality if forced to return to Jamaica. Alien was removable based on expiration of his conditional permanent resident. Moreover, while alien testified about his negative experiences as bisexual man in Jamaica, as well as his alleged incidents of physical harm and harassment, IJ found that alien was not believable in his claim that he was bisexual, based in part on fact that: (1) alien had been married and had fathered children by two different women; (2) record contained significant inconsistencies with respect to claims of harassment/harm that included approximate 10-year discrepancy with respect to date of alleged shooting; and (3) alien’s seven letters supporting his claim of bisexuality were stylistically suspicious. Ct. found that while alien’s marriage and children were not inconsistent with his claim of bisexuality, other significant aspects of his claims of alleged harassment/harm were incredible and supported instant denial of his application under applicable deferential standard of review. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Immigration