Karouni v. Gonzales

399 F.3d 1163 (2005)

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Karouni v. Gonzales

United States Court of Appeals for the Ninth Circuit
399 F.3d 1163 (2005)

Facts

In 1987, Nasser Mustapha Karouni (defendant) entered the United States from Lebanon, and Attorney General Alberto Gonzales (plaintiff) began deportation proceedings before an immigration judge (IJ). In the deportation proceedings, Karouni testified that he feared returning to Lebanon because he is a homosexual suffering from AIDS. Karouni testified that he grew up in a province controlled by a paramilitary organization, Hizballah. According to evidence presented at the proceeding, Hizballah applied Islamic law in its provinces including applying the death penalty for acts of homosexuality. The Lebanese government also condemned homosexuality as a crime deserving of strong punishment. Karouni testified his gay cousin was ostracized by his family for his sexuality and was later murdered by Hizballah. Karouni also testified that in the fall of 1984, two men dressed in militia uniforms broke into his apartment. Karouni testified that the men interrogated him about his homosexuality and attempted to arrest him. Karouni testified his diagnosis of AIDS confirms his homosexuality. The IJ denied the asylum application, finding that Karouni had failed to demonstrate that he had suffered past persecution and failed to demonstrate a well-founded fear of persecution in the future. Karouni appealed to the Board of Immigration Appeals (BIA), which affirmed the IJ’s decision. Karouni appealed to the Ninth Circuit, reasserting his application for asylum on the basis of his membership in a particular social group, namely the homosexual community in Lebanon. The attorney general argued that although homosexuals can exist as a particular social group, Karouni feared persecution on the basis of future voluntary homosexual acts.

Rule of Law

Issue

Holding and Reasoning (Pregerson, J.)

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