BIA on Evidence, Social Group, El Salvador: Matter of F-C-S-

Matter of F-C-S-

"Regarding the respondent’s two remaining proposed particular social groups, we will remand to the Immigration Judge for further development of the record. The Immigration Judge’s decision contains conflicting legal conclusions about the validity of these proposed particular social groups and is otherwise incomplete as to the remaining elements of the claim for withholding of removal, which includes feared future harm from government and private actors. In addition, the Immigration Judge did not make specific factual findings about the evidence considered in support of her legal determinations. ... Remand is also necessary for the Immigration Judge to further address the respondent’s application for CAT protection. Specifically, the Immigration Judge should address feared sources of torture beyond gang violence, including the respondent’s fear of government actors. ... On remand, the Immigration Judge should consider the evidence previously submitted, and the parties may submit additional evidence according to deadlines set by the Immigration Judge."

[Hats off to Stacy Tolchin!]