Unpub. BIA CAT Remand: Mexico; Zetas; Whistleblower

Unpub. BIA CAT Remand: Mexico; Zetas; Whistleblower

"[T]he applicant also testified that he was beaten by police officers because his friend's mother reported the incident with the Zeta Cartel to the police (11. at 4' Tr. at 63-65).  The Immigration Judge did not assess whether the applicant's alleged harm by the police constitutes a valid whistleblower claim.  See Matter of N-M-, 25 I&N Dec. 526 (BlA 2011).  We therefore find it necessary to remand proceedings to the Immigration Judge to make further findings of fact as to whether the applicant s alleged harm by the police was because the police viewed him as a whistleblower.  In that regard, the Immigration Judge also should assess the applicant's argument that he would be targeted as a member of a purported particular social group consisting of' former informants."  See Applicant's Appeal Brief at 25.  Further, upon remand, the Immigration Judge shall also reassess the applicant's claim for protection under the Convention Against Torture on the basis of the additional findings of fact.  In particular, the Immigration Judge should consider and discuss the documents in the record that the applicant contends would support a finding that the Zeta Cartel's influence, including with regard to police acquiescence in its activities, extends nationwide." - Matter of X-, Mar. 29, 2013.

[Hats off to the amazing Jodi Goodwin!]