Record contained sufficient evidence to support IJ’s denial of alien’s asylum petition, even though alien alleged before Bd. that he had been persecuted in Mexico because of his sexual orientation. Alien’s brief reference at asylum hearing to fact that others in employment-related matter in Mexico may have perceived that he was effeminate was insufficient to raise claim of discrimination against gay men, and Bd. could properly find that: (1) alien’s evidence presented to Bd. that he was persecuted in Mexico because of his sexual orientation was new claim that had to be treated as motion to reopen case; and (2) Bd. did not err in finding that said claim did not meet requirements for granting motion for remand and to reopen case, where alien had failed to show that said new evidence was unavailable to him at original asylum hearing. Ct. also rejected alien’s due process claim based on contention that IJ had refused his request to close asylum proceeding to public and had improperly questioned him, where alien had failed to raise said procedural claims with Bd.
Federal 7th Circuit Court
Civil Court
Immigration