Monday, June 18th, 2018

CA8 on Past Persecution, GMC: Flores v. Holder

"Reviewing the BIA's opinion, it is unclear why the BIA upheld the IJ's finding that Flores did not suffer past persecution. … Remand is also necessary because if the BIA is upholding the IJ's apparent adoption of a blanket rule that past persecution to family members can never be the basis for a past persecution claim, this is an incorrect statement of the law. … Alternatively, if the BIA based its decision on a finding that Flores's claims of past persecution based on past harms to his family were not on account of a protected ground,  the BIA engaged in improper factfinding. … [With regard to good moral character,] because the BIA engaged in an independent factual analysis, instead of simply reviewing the IJ's factual findings for clear error, the BIA exceeded the proper scope of review." –