Labas

MEMORANDUM ***

Peter Labas, a citizen of Slovakia, petitions for review of the Board of Immigration Appeals’ (“BIA”) adoption and affirmance of the Immigration Judge’s (“IJ”) decision denying his claims for asylum, withholding of removal, and Convention Against Torture (“CAT”) relief. Because the IJ considered impermissible factors in denying the asylum and withholding of removal claims, we GRANT the petition in part and REMAND so that the IJ can reconsider in light of the correct legal standard. We DENY the petition on review of the decision denying Labas CAT relief.

I.

Labas was kidnaped, beaten, and harassed by Slovak police on two occasions. Both encounters were because of his sexual orientation. He fled to the United Kingdom and Austria before briefly returning to Slovakia. He then traveled to Mexico. He never applied for asylum while in Austria, the United Kingdom, or Mexico, nor attempted to gain lawful entry into the United States. Instead, Labas obtained a fake passport and was intercepted by border agents while attempting to enter the United States illegally. He was charged with removability under 8 U.S.C. § 1182 (a) (6) (C) (ii) and (a)(7)(A)(i)(I). During a hearing…