Summary
The Ninth Circuit Court of Appeals granted Briseyda Meza Diaz's petition for review of the Board of Immigration Appeals' denial of her asylum and withholding of removal claims. The panel held that the record evidence compelled a finding that she experienced harm committed by forces Mexican authorities were unable or unwilling to control, and that the BIA legally erred by failing to consider highly probative evidence regarding a nexus between the harm and her family status. The case was remanded for further proceedings on the nexus element of past persecution and her claim of future persecution.
Topics
Practice areas
Questions Presented
- Whether the BIA erred by failing to consider highly probative evidence of nexus between the harm suffered and a protected ground.
- Whether the BIA erred in finding that Mexican authorities were able and willing to control the persecutors.
- Whether the BIA erred in denying a well‑founded fear of future persecution.
Holdings
- The BIA legally erred by failing to consider the record evidence establishing a nexus between Meza Diaz's past harm and her family‑based particular social group.
- The BIA erred because the record shows Mexican officials were unable or unwilling to protect Meza Diaz, and the BIA’s conclusion lacks substantial evidence.
- The BIA erred because it failed to consider the nexus and the inability or unwillingness of Mexican authorities, thus the denial of future persecution is unsupported.
Key quotations
“We conclude that any reasonable adjudicator would be compelled to conclude that Meza Diaz suffered harm by forces that the Mexican government is either unable or unwilling to control.” (at 15)
Factual background
Briseyda Meza Diaz and her minor daughter fled Mexico after a home invasion in which armed men threatened her life. Prior to that, her brother was murdered and her husband kidnapped, leading to repeated death threats. Mexican police took her report but told her they could not guarantee safety and urged her to flee. The family sought asylum and withholding of removal in the United States.
Procedural history
Meza Diaz filed for asylum, withholding of removal, and CAT relief after fleeing Mexico. An Immigration Judge denied relief, and the Board of Immigration Appeals affirmed that denial. Meza Diaz timely petitioned for review of the BIA's decision.
Remand instructions
Remand to the BIA to reconsider the nexus element of past persecution and, if appropriate, determine whether the harm rises to the level of persecution; also remand for further proceedings on the claim of future persecution.