United States Tenth Circuit

Petitioner's petition for review of the BIA's order of removal is granted, where the Immigration Judge (IJ) improperly denied Petitioner's asylum application based on the IJ's own assessment of whether Petitioner appeared homosexual and was thus likely to be persecuted in his native country on that basis.

Appellate Information

• Decided 04/21/2009
• Published 04/21/2009

Judges

• MURPHY, Circuit Judge., Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jayne E. Fleming, Reed Smith LLP, Oakland, CA, for Petitioner.


• For Appellees:
  
• Barry J. Pettinato, Assistant Director (Monica G. Antoun, Trial Attorney, with him on the brief), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.