Record failed to contain sufficient evidence to support IJ’s denial of applications for asylum, withholding of removal or Convention Against Torture relief, where alien (citizen of El Salvador) argued that return to El Salvador would subject him to persecution and perhaps murder by members of Mara 18 gang. Alien presented credible evidence that members of said gang held gun to his head and demanded to know location of alien’s brother and subsequently threatened members of alien’s family when attempting to learn location of alien and his brother. Moreover, alien’s membership in his nuclear family qualified as cognizable social group under asylum statutes, such that alien was able to show that instant persecution was motivated by his membership in his nuclear family. Fact that alien’s parents and siblings still lived in El Salvador did not support instant denial of asylum and withholding of removal relief. On remand, Bd. must consider: (1) whether alien would be able to relocate to safe region in El Salvador; and (2) whether El Salvador government is unable or unwilling to prevent persecution of alien.
Federal 7th Circuit Court
Civil Court
Immigration