Cabrera Vasquez v. Barr (P)

The Board of Immigration Appeals failed to fully consider the evidence in support of the petitioner’s claim under the Convention Against Torture.

Gang members told the petitioner and her son that they would be killed by gang members if they didn’t leave their native El Salvador within 24 hours. That was the second death threat the mother and son received. When local law enforcement refused to provide any form of aid, mother and son made their journey to the United States and sought CAT relief.

In considering their claims, the Board erred by limiting its government-acquiescence review to country-condition reports that showed the government was making efforts to fight the gangs in El Salvador. The Board entirely failed to address the petitioner’s testimony that she twice sought the aid of local police and twice was turned away. When she presented evidence of the death threats she and her son received, she was laughed at and her son was accused of being a gang member himself. This testimony is material to the petitioner’s claim that Salvadoran officials turned a “blind eye” to the death threats.

Petition for review granted; vacated and remanded.

Cabrera Vasquez v. Barr (P), No. 18-1226, Mar. 20, 2019. 4th Cir. (Gregory) from BIA.

Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published


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