Decision date: 2019-08-09

Permitting Petitioner to allege membership in a particular social group not raised in her opening brief due to her attorney's "poor performance" and holding that the Board committed reversible error by (1) failing to explain why Petitioner's purported particular social group did not pass muster; (2) erroneously requiring that Petitioner establish that she could not reasonably relocate in evaluating the existence of past persecution; and (3) failing to address Petitioner's testimony that she sought the help of police but was turned away in determining government acquiesence.

Publication Status: Unpublished

Case judge: King, Motz, Thacker

Decision: Aguilar-Avila v. Barr, 782 F. App'x 256 (4th Cir. 2019) (No. 18-1525)