MARTINEZ-GUERRERO v. GARLAND

Remanding for the BIA to reconsider the Petitioners’ claims for asylum, withholding, and CAT protection where the BIA ignored unrebutted material evidence and did not apply Fourth Circuit precedent recognizing death threats as persecution. The Court emphasized that death threats can be considered persecution even if an applicant remains in their home country for an extended period of time (here, one year) after receiving the threats. Judge Quattlebaum dissented.

Date of Decision
Unpublished