Record failed to contain sufficient evidence to support IJ's denial of alien’s application for withholding of removal to Honduras, where alien argued that there was high likelihood that he would be persecuted on account of his HIV status and perceived homosexuality. Alien presented expert testimony that many Hondurans equated HIV status with homosexuality, and that many Hondurans were violently hostile to homosexuals. Moreover, alien testified without contradiction that many suspected homosexuals had been killed in Honduras due to their perceived sexuality, and that Honduran police were often complicit in said killings. As such, alien presented sufficient evidence to establish risk of persecution if deported to Honduras. IJ also erred in suggesting that alien would be safe in Honduras if he kept his HIV status secret. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Immigration