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Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group

"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances have no bearing on petitioner's veracity should...

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...

Unpub. BIA CAT Remand Victory; Mexico; Mental Illness; Gang Membership

"We agree with the respondent that the Immigration Judge's analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. ... The Immigration Judge also did not consider the report's...

CA5 Remand in Mexican Transgender Withholding Case (Unpub. Order)

Geoffrey A. Hoffman , Clinical Assoc. Professor and Director of the University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding case back to the BIA on joint motion. From the...