Gonzalez-Posadas v. AG — immigration — petition denial — Jordan

A Honduran man challenged his removal by arguing that he would face anti-gay discrimination in his home country. The immigration judge “concluded that the events complained of, namely two unreported rapes, extortion by [a criminal gang], and exposure to homophobic slurs, were insufficient to establish past persecution or a risk of future persecution on account of sexual orientation.” After he lost his appeal to the Board of Immigration Appeals, he petitioned the Third Circuit.

In an opinion issued late yesterday, the Third Circuit denied the man’s petition, ruling that he had failed to prove that the rapes or the gang harassment were motivated by his sexual orientation and failed to substantiate his fear of future anti-gay persecution, although the court admitted that “other interpretations of the record are certainly possible.”

Joining Jordan were Chagares and Vanaskie. The case was decided without oral argument. The petitioner was represented by attorneys with Immigration Equality.