Alvarado v. Whitaker, No. 17-1572 (1st Cir. 2019)Annotate this Case
The First Circuit denied Petitioner’s petition for review of the decision of the Board of Immigration Appeals (BIA) reversing the order of an immigration judge (IJ) granting Petitioner cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act, holding that the “persecutor bar” - which disqualifies certain persons from immigration relief - does not require a showing that the alien shared the motive of the persecutors whom he assisted.
Petitioner, a Salvadoran native and citizen, conceded that he stood guard for his superiors while they engaged in an act of persecution but argued that he acted without a personal motive to persecute. In granting Petitioner cancellation of removal, the IJ concluded that the persecutor bar did not apply to Petitioner because he lacked a motive to persecute. The BIA reversed, determining that the persecutor bar was applicable despite Petitioner’s lack of such a motive. The First Circuit affirmed, holding that the persecutor bar does not require a showing that the applicant shared the motive of the persecutors whom he or she assisted.