2017 Supreme(US)(ca7) 44
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Posner, Ripple, Rovner
Rigoberto Velasquez-Banegas – Appellant
Versus
Loretta Lynch – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 15‐2619 RIGOBERTO VELASQUEZ‐BANEGAS, Petitioner,
v. LORETTA E. LYNCH, Attorney General of the United States, Respondent. ____________________ Petition for Review of an Order of the Board of Immigration Appeals. No. A206‐157‐231. ____________________
ARGUED DECEMBER 1, 2016 — DECIDED JANUARY 19, 2017 ____________________
Before POSNER, RIPPLE, and ROVNER, Circuit Judges. POSNER, Circuit Judge. The petitioner, a citizen of Hondu‐ ras, entered the United States in 2005—without being au‐ thorized to do so—when he was 38 years old. He is now 49, still living in this country, still not authorized to live here. In 2014 the Department of Homeland Security began proceed‐ ings in the Immigration Court to have him removed from this country (i.e., deported) to Honduras. He applied for withholding of removal and also for protection under the 2 No. 15‐2619
Convention Against Torture, on the ground that he is highly likely to be persecuted if returned to Honduras. The immi‐ gration judge denied both applications and ordered him re‐ moved. The Board of Immigration Appeals affirmed sum‐ marily, and he appeals to us. In 2007 he discovered that he was HIV positive. HIV, short for human immunodeficiency virus, is treatable, but often progresses to AIDS—acquired immunodeficiency syn‐ drome—a very serious, and though treatable often fatal, condition. In the Immigration Court the petitioner argued (and in our court continues to argue) that he is entitled to remain in the United States because of acute danger that he faces if returned to Honduras, danger resulting from the fact that a great many Hondurans believe that AIDS is an afflic‐ tion of homosexuals (often it is, but not always, as so many Hondurans believe), and also that any man with HIV is also a homosexual. Most important, a great many Hondurans are hostile—often violently so—to persons they believe to be homosexual. And for cultural reasons related to Hondurans’ belief about these two diseases, the medical treatment of both HIV and AIDS in Honduras is often deficient and often invasive of privacy, though poor medical service is not itself a form of persecution. The petitioner testified without contradiction that “straight” Hondurans tend not only to despise homosexuals but also to perceive them as weaklings, and on both ac‐ counts to attack them physically. He presented evidence that many suspected homosexuals have been killed in Honduras out of sheer hatred and that the police often are complicit in, or refuse to investigate, these crimes. He testified that he’s not himself a homosexual but he reminds us (as we noted in No. 15‐2619 3
the previous paragraph) that most Hondurans believe that any man who has either AIDS or HIV is homosexual. He fears that if returned to Honduras, as soon as he goes to a hospital for treatment of his HIV he will be “outed” as a pre‐ sumed homosexual. And this is true, so far as appears, whether it is a private or a government‐funded hospital—if the latter, the “outing” of him by the hospital might well be deemed explicit governmental persecution of presumed ho‐ mosexuals. He points out that persecution that does not result in death or serious bodily harm is still grounds for withholding of removal. E