Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group

"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances have no bearing on petitioner's veracity should...

Unpub. BIA CAT Remand: Mexico; Zetas; Whistleblower

"[T]he applicant also testified that he was beaten by police officers because his friend's mother reported the incident with the Zeta Cartel to the police (11. at 4' Tr. at 63-65). The Immigration Judge did not assess whether the applicant's alleged harm by the police constitutes a valid...

CA5 on Acquired Citizenship, Legitimation: Saldana Iracheta v. Holder (Very Old Egg on BIA's Face)

"This appeal is a petition for review from the Department of Homeland Security’s (“DHS”) reinstatement of a previously-issued order of removal against Sigifredo Saldana Iracheta (“Saldana”). On appeal, Saldana asserts that he acquired citizenship from his U.S. citizen...

Unpub. BIA Cancellation Hardship Victory; Mexico; Heart Defects

"We also find that, while the respondent in this case has family in Mexico, her situation nevertheless is analogous to that in Matter of Recinas, supra, as she is a single mother of limited economic means who is supporting her five children, including four United States citizens, two of whom have...

Unpub. BIA on Asylum, Mexico, Social Group, Gender Identity: Matter of M-G-O-

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a citizen of Mexico, qualified for withholding of removal based on his membership in a particular social group consisting of effeminate gay males with female gender identities. The Board...

Unpub. BIA CAT Remand Victory; Mexico; Mental Illness; Gang Membership

"We agree with the respondent that the Immigration Judge's analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. ... The Immigration Judge also did not consider the report's...

Unpub. BIA CAT Victory: Mexico; Imputed Gang Affiliation

"[T]he respondent has presented evidence, undisputed by the DHS, that the Federal Government and at least one local government in the United States have identified him as a member of the Norteño gang and have done so in the presence of rival gang members. ... Unrebutted evidence presented...