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Cantilloano Cruz v. Sessions, Mar. 13, 2017 -
"Luz Marina Cantillano Cruz (Cantillano Cruz), a citizen of Honduras, petitions forreview of a final order of removal entered by the Board of Immigration Appeals (BIA).1The BIA affirmed an immigration judge’s (IJ) conclusion that Cantillano Cruz was noteligible for asylum, withholding of removal, or protection under the Convention AgainstTorture (CAT). Cantillano Cruz argued before the BIA and IJ that she feared persecutionon account of her nuclear family ties to her husband Johnny Martinez (Martinez), whomshe suspected had been murdered by his employer. The BIA and IJ rejected thisargument and determined that any persecution suffered by Cantillano Cruz occurredbecause she had threatened to report the employer to the police, an act that did not qualifyas a basis for her requested relief.Upon our review, we conclude that Cantillano Cruz’s familial relationship withMartinez necessarily was one central reason for the persecution and fear of futurepersecution established by Cantillano Cruz, thereby meeting the statutory “nexusrequirement” for asylum provided in the Immigration and Nationality Act (INA) in 8U.S.C. § 1158(b)(1)(B)(i). Accordingly, we grant Cruz’s petition and remand her case tothe BIA for further proceedings."
[Hats off to James Edward Tysse, Michelle A. Reed, Steven H. Schulman and Matthew W. Kinskey!]