Decision date: 2019-07-29

Holding that (1) the BIA's determination that Petitioner was ineligible for asylum and withholding because he failed to show nexus between his past harm and membership in the proposed PSGs of "witnesses of crimes committed by the Zetas" and family of his brother was not supported by substantial evidence; (2) the BIA erred when it found that Petitioner could safely relocate within Guatemala; and (3) the BIA must reconsider the government acquiescence element of Petitioner's CAT claim in light of recent Fourth Circuit precedent.   

Publication Status: Unpublished

Case judge: Diaz, Thacker, Wynn

Decision: Perez-Morales v. Barr, 781 F. App'x 192 (4th Cir. 2019) (No. 18-1617)