Fuller v. Lynch, No. 15-3487 (7th Cir. 2016)Annotate this Case
Fuller, now 51 years old, came to the U.S. from Jamaica in 1999 with a fiancé visa sponsored by Wood, a U.S. citizen. They soon married and in 2001 had a daughter. Fuller received conditional permanent resident status, 8 U.S.C. 1186a(a), but he and Wood failed to attend a required interview with USCIS. In 2004 his status was terminated. They divorced the next year. Also in 2004, Fuller had pleaded guilty to attempted criminal sexual assault and was sentenced to 30 months’ probation. He later violated the conditions of his probation and in 2012 was resentenced to four years’ imprisonment. Upon Fuller’s release from state custody in 2014, the DHS detained him and charged him as removable for being convicted of an aggravated felony, 8 U.S.C. 1227(a)(2)(A)(iii), for being convicted of a crime involving moral turpitude, and for losing his conditional permanent resident status. Fuller unsuccessfully sought withholding of removal, arguing that he fears persecution and torture in Jamaica based upon his claimed bisexuality. The Seventh Circuit denied a petition for review, upholding the IJ’s factual determination that Fuller is not bisexual and that he would be perceived in Jamaica as bisexual, the basis of his purported fear of torture.