Not a Lexis+ subscriber? Try it out for free.

Immigration Law

CA2 Salvadoran Asylum Remand Victory: Zelaya de Ceron v. Lynch (unpub.)

Zelaya de Ceron v. Lynch, May 4, 2016, unpub.- "The sole issue on appeal is whether substantial evidence supports the agency’s determination that the Petitioners failed to show that the Salvadoran government is unable or unwilling to control gang violence, specifically at the hands of the Mara Salvatrucha (“MS gang”). ... We find it troubling that the agency decisions do not cite to the country conditions reports considering the reports support Petitioners’ claim that the Salvadoran police are unable to control gangs. ... The record as a whole does not support the agency’s conclusion that the Salvadoran police are able and willing to control the MS gang. The BIA affirmed the IJ’s decision only on this basis, without addressing the IJ’s alternative finding that the Petitioners did not show that any fear was linked to a protected ground. Because the BIA did not address whether there was a cognizable social group, we remand for further proceedings."  [Hats off to Heather Axford!]