Guzman-Orellana v. Attorney General United States, No. 19-1793 (3d Cir. 2020)
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After overhearing the 2017 murder of his two next-door neighbors and facing repeated threats from local MS-13 gang members for his perceived role in assisting law enforcement, Guzman, then 18 years old, left his home in El Salvador and entered the United States seeking relief under the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT). The Immigration Judge denied his application; the BIA dismissed his appeal.
The Third Circuit vacated and remanded, holding that persons who publicly provide assistance to law enforcement against major Salvadoran gangs constitute a cognizable particular social group for purposes of asylum and withholding of removal under the INA, 8 U.S.C. 1158(b)(1)(A), but Guzman failed to meet his burden to show that imputed anti-gang political opinion was a central reason for the treatment he received. The BIA erred in denying Guzman relief under the CAT by “brushing aside” facts and reasonable inferences in assessing whether Guzman is likely to face torture upon removal.
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