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CA2 on Evidence, Well-Founded Fear: Cazahuatl Torres v. Garland (unpub.)

May 23, 2021 (1 min read)

Cazahuatl Torres v. Garland (unpub.)

"Because the agency “ignor[ed] a significant aspect of [Cazahuatl Torres’s] testimony . . . we are unable adequately to consider whether substantial evidence” in this case supports the BIA’s determination that Cazahuatl Torres failed to demonstrate a well-founded fear of future persecution. ... Accordingly, we remand to the agency to consider this testimony in the first instance. On remand, the BIA may also consider whether Cazahuatl Torres has established membership in a particular social group or established that the government would be unwilling or unable to protect him for purposes of his withholding of removal claim, or whether Cazahuatl Torres has demonstrated government acquiescence as to his CAT claim. For the foregoing reasons, the petition for review is GRANTED, the BIA’s decision is VACATED, and the case is REMANDED for further proceedings consistent with this order."

[Hats off to David A. Hoffman, W. Logan Lewis and Juan Cristobal Quevedo!]