ARITA-DERAS v. WILKINSON

Finding the BIA improperly discounted Petitioner's affidavits from family members detailing a gang leader's retribution against her husband as insufficient or "self-interested." The Court held that, although Petitioner's corroborating evidence did not identify her persecutor by name, such information is not needed to establish past persecution or nexus and corroboration can only be required when reasonable and related to elements of a claim. The Court further reiterated that its precedent recognizes nuclear family as a particular social group. 

Date of Decision
Published