BRINGAS-RODRIGUEZ v. SESSIONS

No. 13-72682.

850 F.3d 1051 (2017)

Carlos Alberto BRINGAS-RODRIGUEZ, AKA Patricio Iron-Rodriguez, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2017.


Attorney(s) appearing for the Case

Erwin Chemerinsky (argued), Kathryn M. Davis , and Munmeeth Soni , Pro Bono Counsel, University of California, Irvine School of Law, Appellate Litigation Clinic, Irvine, California; Andrea Ringer and Marco Pulido Marquez , Certified Law Students, University of California, Irvine School of Law, Appellate Litigation Clinic, Irvine, California; Mary-Christine Sungaila , Pro Bono Attorney, Snell & Wilmer LLP and Haynes and Boone LLP, Costa Mesa, California, for Petitioner.

John W. Blakely (argued), Assistant Director, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, Donald E. Keener , Deputy Director, Stuart F. Delery , Assistant Attorney General, Civil Division, Kohsei Ugumori and Jesi J. Carlson , Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Peter E. Perkowski , Perkowski Legal, PC, Los Angeles, California, for Amici Curiae The Public Law Center, Lambda Legal Defense and Education Fund, the National Immigrant Justice Center, the Center for HIV Law and Policy; HIV Law Project; Immigration Equality; Disability Rights Legal Center; the Asian & Pacific Islander Wellness Center, National Center for Lesbian Rights, LGBT Center OC, Transgender Law Center, Florence Immigrant & Refugee Rights Project, and Centro Legal De La Raza.

Charanya Krishnaswami , Cortelyou C. Kenney (Volunteer), and Lisa Jaskol , Public Counsel, Los Angeles, California, for Amici Curiae Kids In Need of Defense, Tahirih Justice Center, and Women's Refugee Commission.

Laurie Webb Daniel , Charles L. Coleman III , Kyong M. Kim , and Garrett S. Garfield , Pro Bono Counsel, Holland & Knight LLP, San Francisco, California; Eunice Lee , Karen Musalo , and Blaine Bookey , Counsel, Center for Gender & Refugee Studies, San Francisco, California; for Amicus Curiae of Center for Gender & Refugee Studies.

Alice Farmer , United Nations High Commissioner for Refugees, Washington, D.C.; Ana C. Reyes , Counsel of Record, Williams & Connolly LLP, Washington, D.C.; for Amicus Curiae United Nations High Commissioner for Refugees.

Dissent by Judge Bea


OPINION

Carlos Alberto Bringas-Rodriguez (Bringas), a gay man who is a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' (BIA) denial of his applications for asylum, withholding of removal, and Convention Against Torture (CAT) protection. Bringas was physically and sexually...

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