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CA8 on Past Persecution, GMC: Flores v. Holder

November 07, 2012 (1 min read)

"Reviewing the BIA's opinion, it is unclear why the BIA upheld the IJ's finding that Flores did not suffer past persecution. ... Remand is also necessary because if the BIA is upholding the IJ's apparent adoption of a blanket rule that past persecution to family members can never be the basis for a past persecution claim, this is an incorrect statement of the law. ... Alternatively, if the BIA based its decision on a finding that Flores's claims of past persecution based on past harms to his family were not on account of a protected ground,  the BIA engaged in improper factfinding. ... [With regard to good moral character,] because the BIA engaged in an independent factual analysis, instead of simply reviewing the IJ's factual findings for clear error, the BIA exceeded the proper scope of review." - Flores v. Holder, Nov. 7, 2012.  [Hats off to Matthew L. Hoppock!]