In an unpublished decision, the Ninth Circuit has applied the rationale of Bringas-Rodriguez to an asylum applicant whose claim was based on a future fear of harm, and not on past persecution.   Thus, even in cases involving future persecution, courts must consider that legislative developments in Mexico cannot be conflated with "on-the-ground progress" regarding the treatment of the LGBT community.

The decision in Hernandez v. Sessions can be found here: