From judges Smith (G.W. Bush), Bennett (Trump I), Mendoza Jr. (Biden). Summarized by the court:

Petitioner applied for relief based on his membership in a proposed social group consisting of “the LGBT community” or “queer Russian men.” He claimed membership in this social group because he is bisexual. But the immigration judge misunderstood how sexual orientation is defined, reasoning that Petitioner had not met his burden of proving that he is a member of his proposed social group because he has never had sexual relations with either a man or a woman. This reflected a deeply erroneous and arbitrary understanding of bisexuality. A person’s sexual orientation is not solely defined by their sexual relations.

The IJ’s misunderstanding of bisexuality led to other factual errors.…