United States First Circuit

In an immigration matter brought by Muslim Indonesian-native petitioner, petition for review of decision by Board of Immigration Appeals (BIA) denying asylum is granted where: 1) sexual orientation can serve as the foundation for a claim of persecution, as it is the basis for inclusion in a particular social group; 2) petitioner suffered economic persecution because he could not earn a living as a medical doctor; and 3) because court was unable to determine what standard the agency used in rejecting petitioner's economic persecution claim, case is remanded to the BIA to instruct the IJ to evaluate petitioner's case under standard set forth in In re T-Z.

Appellate Information

• Decided 09/30/2008
• Published 09/30/2008

Judges

Court

• United States First Circuit

Counsel