Mendoza-Pablo v. Holder, No. 07-73592 (9th Cir. 2012)
Annotate this CasePetitioner, a member of the Mam Mayan group, an indigenous group whose members live predominantly in Guatemala, petitioned for review of the BIA's decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), on the ground, inter alia, that petitioner had not been the victim of past persecution because he was never "personally challenged or confronted by any potential persecutor." The court concluded that the BIA's ruling that the petitioner did not suffer past persecution because his exposure to persecution was "second hand" reflected an incorrect view of the applicable law, which permitted the BIA to take account of the indirect effects of persecution as well as the direct effects, at least where, as here, the connection between the two was so immediate and strong. Therefore, the court remanded the petition to the BIA for further proceedings.
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