Castro-Martinez, et al v. Holder, No. 08-70343 (9th Cir. 2011)Annotate this Case
Petitioner, a native and citizen of Mexico, appealed a decision of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum, withholding of removal, and relief under the Convention against Torture. At issue was whether petitioner had experienced past persecution in Mexico as a homosexual male when he contracted HIV while living in California, traveled back to Mexico for two weeks, and then reentered the United States where he turned himself in to immigration authorities and requested asylum. The court held that there was substantial evidence that supported the BIA's decision where petitioner failed to demonstrate past persecution or a well-founded fear of future persecution on account of his homosexuality or HIV positive-status when the sexual abuse petitioner suffered was not inflicted by government actors and when the BIA had sufficient basis to conclude that petitioner failed to show that the government was unable or unwilling to control his attackers.
The court issued a Revised version of this opinion on December 5, 2011.