Cabrera Martinez v. U.S. Attorney General, No. 19-14110 (11th Cir. 2021)Annotate this Case
Petitioner, a Cuban citizen, petitioned for review of the BIA's order affirming the denial of his applications for asylum and withholding of removal under the Immigration and Nationality Act (INA), and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
The Eleventh Circuit granted the petition in part because the IJ and the BIA failed to provide reasoned consideration of petitioner's evidence of his well-founded fear of future persecution based on a pattern or practice of persecution toward dissident journalists in Cuba. However, the court denied the petition for review of petitioner's asylum claim based on past persecution because substantial evidence supports the BIA's conclusion that petitioner did not demonstrate that he suffered past persecution.