Bravo v. Attorney General United States, No. 20-3300 (3d Cir. 2021)
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Arreaga-Bravo, a 31-year-old from Guatemala. arrived in the U.S. in 2016. In removal proceedings, she sought withholding of removal under the Convention Against Torture (CAT), claiming that she had fled Guatemala to escape harassment and sexual violence by the Mara 18 gang. She discussed the rape of her 15-year-old sister, which was not reported to the police because the nearest police station was four hours away; after the family moved, another sister was raped but the police never investigated. The family moved again. Arreaga-Bravo’s friend was raped by multiple men; in 2016, Arreaga-Bravo was targeted by gang members to enlist as a gang girlfriend. Arreaga-Bravo refused and began to receive threats. Eventually, two men grabbed her on the street, pulled out a knife, and threatened to kill her unless she surrendered to the gang.
The IJ granted Arreaga-Bravo CAT relief, finding that Arreaga-Bravo was generally credible, candid, and forthcoming, that it is more likely than not that Arreaga-Bravo will be harmed if she returns to Guatemala, and that the Guatemalan government would acquiesce in Arreaga-Bravo’s torture
The BIA reversed, finding that it was not “sufficiently persuade[d]” that Arreaga-Bravo faces a particularized risk of torture and that it was “unable to agree” with the IJ’s conclusions. The Third Circuit vacated. Rather than defer to the IJ’s factual findings and review for clear error, the BIA inserted itself into the fact-finder role and disagreed with the IJ’s weighing of the evidence.
The court issued a subsequent related opinion or order on December 23, 2021.
The court issued a subsequent related opinion or order on December 23, 2021.
The court issued a subsequent related opinion or order on March 2, 2022.
The court issued a subsequent related opinion or order on March 2, 2022.
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