Use this button to switch between dark and light mode.

CA4 on Persecution, MS-13, El Salvador: Zavaleta Policiano v. Sessions

September 15, 2017 (1 min read)

Zavaleta Policiano v. Sessions - "[T]he IJ and BIA failed to appreciate, or even address, critical evidence in the record. ... we conclude that the BIA erred by affirming the IJ’s clearly erroneous finding. Zavaleta Policiano was not required to prove that the gang’s threats were “exclusively” motivated by her family ties — such “a requirement defies common sense.” ... She only needed to show that the relationship with her father was “at least one central reason” MS-13 threatened her. Because Zavaleta Policiano made this showing, we find the BIA decision to be manifestly contrary to law and an abuse of discretion. ... [W]e grant Zavaleta Policiano’s petition for review, reverse the BIA’s determination that she failed to show persecution on account of her family membership, vacate the BIA’s decision with respect to her withholding of removal claim, and remand to the BIA for further proceedings consistent with this opinion."

[Hats off to Tamara Jezic!]