Vitug

Vitug v. Holder

Good Law
723 F.3d 1056·2013 WL 3814772
United States Court of Appeals for the Ninth CircuitJuly 24, 201307-74754, 08-71038, 08-72088California3,883 words

Opinion

Opinion

Pregerson, J.

Dennis Vitug, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) or der vacating an immigration judge’s (“U”) grant of withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . The evidence compels the conclusion that Vitug will more likely than not be persecuted if he is removed to the Philippines. We therefore grant the petition in part, reversing the BIA’s denial of withholding of removal.

I. BACKGROUND

A. Factual Background

Dennis Vitug is a 37-year-old gay native and citizen of the Philippines. From the age of three, Vitug knew he was “different.” He was effeminate and played with Barbie dolls and other toys meant for girls, which his family resented. Throughout his childhood, Vitug was teased and bullied by his classmates for “being a sissy.” When he was eight or nine years old, Vitug was sexually abused by a man his grandparents hired to do housework and take him to school. This man sexually abused Vitug for two years and threatened to kill him and his family if he ever told anyone.

In high school, Vitug continued to be teased and…

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