Comparan

MEMORANDUM ***

Petitioner seeks review of a decision denying him asylum in the United States. For the reasons set forth below, we grant the petition in part and remand for further proceedings.

The petitioner in this case, Dr. Leonardo Magdaleno Comparan (“Comparan”), is an openly gay Mexican national who seeks asylum in the United States. His application for asylum rests on the claim that he has a well-founded fear of persecution on account of his membership in a particular social group, namely his identity as a homosexual. See 8 C.F.R. § 208.13 (b)(2). At his removal proceedings, Comparan testilled to the hostile treatment he endured as a suspected homosexual in Mexico. The immigration judge (“IJ”), however, rejected Comparan’s argument that homosexuals constitute a “social group” for purposes of establishing eligibility for asylum. He further concluded that Comparan was not a member of any sub-group of homosexuals that faces a particular risk of persecution. Accordingly, the IJ denied Comparan’s application for asylum, withholding of removal, and relief under the Convention Against Torture. Because of this ruling on Comparan’s eligibility for asylum, the IJ explicitly declined…