Justo v. Sessions, No. 17-1457 (1st Cir. 2018)Annotate this Case
The First Circuit remanded this case to the Board of Immigration Appeals (BIA) for reconsideration of Petitioner’s eligibility for asylum, holding that the BIA committed several errors in its review of the decision of the immigration judge (IJ).
An IJ granted Petitioner asylum, concluding that Petitioner met his burden of proving he was entitled to asylum. Among other things, the IJ found that the police in Mexico would be unable to protect Petitioner from members of organized crime who had murdered his son and continued to target him and the rest of his nuclear family. The BIA concluded that the IJ’s finding of inability was clearly erroneous. The First Circuit reversed, holding (1) among the BIA’s errors in reviewing the IJ’s decision, the BIA failed to examiner separately the evidence of the government’s willingness to protect Petitioner from persecution and the evidence of its ability to do so; and (2) the BIA’s flawed analysis of the IJ’s decision required a remand of this case.