Orellana v. Barr, No. 18-1513 (4th Cir. 2019)Annotate this Case
The Eleventh Circuit granted a petition for review of the BIA's final order denying her all relief from deportation. The BIA upheld the IJ's finding that petitioner, although persecuted because of her membership in a particular social group, had failed to establish that the Salvadoran government was unwilling or unable to protect her from this persecution. The court held, however, that the BIA disregarded and distorted significant portions of the record in reaching this conclusion. In this case, the agency adjudicators repeatedly failed to offer specific, cogent reasons for disregarding the concededly credible, significant, and unrebutted evidence that petitioner provided. Furthermore, the government's reasons were unpersuasive.