Murry v. Garland, No. 20-3109 (7th Cir. 2021)Annotate this Case
Murry, a Jamaican citizen, entered in 2005 the U.S. as the fiancé of a U.S. citizen, whom he later married. Murry applied for permanent residence based on the marriage. USCIS denied the application in 2011. The government started removal proceedings. Murry has remained in the U.S. without authorization. Murry sought relief based on his sexual orientation. He testified that he has been attracted to men since he was a teenager and that in 2004 after a man publicly called him gay and urged bystanders to shun him, five men hit and kicked Murry. Fearing repercussions, he did not seek medical care or ask the police for help.
The IJ considered evidence about how the treatment of gay people in Jamaica has evolved since 2004. The IJ denied Murry relief; Murry was ineligible for withholding of removal because the private attack in 2004 did not demonstrate state-sanctioned past persecution, and other evidence of the country’s conditions did not show a clear probability of future persecution. The BIA dismissed Murry’s appeal. The Seventh Circuit denied a petition for review. Jamaica rarely enforces its anti-sodomy laws for consensual sexual relations, and recent reports show growing public support for gay rights. Substantial evidence indicates that Murry does not face a likelihood of state-sanctioned persecution.