Arrazabal v. Barr

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No.17-2969
Decision Date: 
July 3, 2019
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition granted

 

Record failed to support Bd.’s denial of alien’s applications for withholding of removal and protection under CAT, where alien alleged that he faced likelihood of continued persecution and torture if forced to return to El Salvador because of his former association with MS-13 gang and his refusal to rejoin said gang. While IJ could properly find that alien was not credible with certain aspects of his testimony, IJ overlooked certain corroborative evidence provided by third-parties, such as beating alien received from current MS-13 gang members and demands made by said gang members, as well as improperly discounted testimony from other witnesses due only to fact that said individuals were friends or relatives of alien. As such, remand was required to allow IJ and Bd. to factor said corroborative evidence when making overall evaluation of alien’s applications.