Where Man Was Subjected To Persecution In Russia Because He Is Homosexual Ninth Circuit Grants Review In Case.

The Board of Immigration Appeals dismissed a man’s appeal from an order denying his application for asylum.  He contends he has a wellfounded fear of future persecution if he is removed to Russia because he is a homosexual. The immigration judge had concluded the man did not carry his burden of demonstrating the Russian government was unable or unwilling to control his nongovernmental persecutors who had subjected him to persecution in the past. The Ninth Circuit granted the man’s petition for review and remanded the matter to the immigration court for further proceedings “regarding whether there has been a change in Russia regarding the persecution of homosexuals and whether it would be reasonable for [the man] to relocate within Russia.”  (John Doe v. Eric H. Holder, Jr. (Ninth Cir.; November 27, 2013) 736 F.3d 871.)