CA5 on Evidence, Nexus: Aben v. Garland

Aben v. Garland

"Aben was arrested and detained three times; held in unlawful captivity for a total of six days; slapped, kicked, and knocked in the head; beaten with a belt and a stick; suffered several lacerations, blisters, sores, and bruises; threatened with death while held at gunpoint; and told he would be killed if he did not run fast enough to escape. The BIA’s determination must be vacated because it fails to account for the credible death threats that Aben received. ... “[W]e cannot affirm a decision that fails to address key evidence.” It is true that death threats alone are not necessarily persecution. But when accompanied by beatings, those threats cannot be said to be inconsequential. At the very least, the BIA must address this evidence. The BIA’s determination regarding past persecution must be vacated. ... The BIA’s determination that Aben did not prove a nexus between his harms and a protected ground is also not supported by substantial evidence. ... The BIA erred by not addressing key evidence. ... We vacate the BIA’s determination regarding nexus. ... The government urges us to deny Aben’s petition because, it argues, the BIA did not err regarding its finding that Aben failed to present evidence to corroborate his claims. On this point too, the BIA failed to address obvious pieces of evidence. ... We vacate the BIA’s finding that Aben failed to present evidence to corroborate his claims. ... We hold that the BIA’s decision as it relates to Aben’s asylum claim must be vacated. As the BIA denied Aben’s withholding claim because it determined he was ineligible for asylum, that decision too must be vacated. ... Aben’s petition for review is GRANTED in part and DENIED in part. We DENY the petition for review as to Aben’s CAT claim. We GRANT his petition and VACATE the decision of the BIA as it relates to Aben’s asylum and withholding claims, and we REMAND for further proceedings not inconsistent with this opinion."

[Note that this PFR was filed in October 2020, almost four years ago!  Hats way off to Philip Hunter and Woody Scott!]