Bromfield

Bromfield v. Mukasey

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 15, 200805-75844California4,047 words

Opinion

Opinion

I. Background

Bromfield is a Jamaican national who came to the United States as a legal permanent resident in 1993 at the age of fif- teen. Four years later, when he was nineteen, Bromfield “came out” as a gay man. Prior to coming out, Bromfield made two short trips to Jamaica to visit his extended family. He cites violence against homosexuals in Jamaica as one of the reasons why he has not returned to his home country.

Bromfield was placed in removal proceedings after plead- ing guilty to misdemeanor sexual abuse in the third degree and contributing to the sexual delinquency of a minor. The government charged him as removable for having been con- victed of an aggravated felony. Unable to obtain counsel, Bromfield admitted the charges against him and conceded removability. The IJ found that Bromfield was ineligible for asylum as a result of his convictions.2 But the IJ declined to 1 We accept Bromfield’s testimony as true because the BIA did not make an adverse credibility determination. Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir. 2004). 2 Bromfield did not challenge this finding before the BIA. As a result, we do not consider whether the crimes actually constitute…

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