The three-judge appellate panel said in its ruling that Boer-Sedano would likely face further abuse and have difficulty getting life-sustaining AIDS medication if he was sent back to Mexico, where the U.S. State Department has found violence against gays to be widespread.
The ruling is the latest in which the San Francisco-based court has granted refuge to gay or transgendered asylum applicants from Latin America based on evidence of abuse inflicted or condoned by police.
''It really does mean that he'll be safe now,'' said Boer-Sedano's lawyer, Angela Bean.
August 14, 2005
The Ninth Circuit found that a gay man who had been abused by the police in Mexico was eligible for asylum in the United States: