Perez-Ramirez, et al. v. Holder, Jr., No. 07-70114 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision dismissing his appeal from an IJ's decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner argued on appeal that he acted as a whistleblower against government corruption and that the BIA erred in denying his claims for asylum, withholding of removal, and relief under the CAT. The court held that the BIA erroneously denied asylum and withholding of removal based on its conclusion that petitioner failed to establish a nexus to political activity. Therefore, the court granted the petition for review and remanded to the BIA for consideration of whether the government had met its burden to rebut the presumption that petition had a well-founded fear of future persecution on the basis of his whistleblowing activities. The court also held that the BIA improperly placed the burden on petitioner to show that he could not relocate within Mexico and failed to apply the presumption of a nationwide threat. Therefore, the court vacated the BIA's decision regarding the CAT relief and remanded for the agency to determine whether the government met its burden.
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