Tuesday, June 5th, 2018

Unpub. BIA CAT Remand: Mexico; Zetas; Whistleblower

"[T]he applicant also testified that he was beaten by police officers because his friend's mother reported the incident with the Zeta Cartel to the police (11. at 4' Tr. at 63-65).  The Immigration Judge did not assess whether the applicant's alleged harm by the police constitutes a valid whistleblower claim.  See Matter of N-M-, 25 I&N Dec. 526 (BlA 2011).  We therefore find it necessary to remand proceedings to the Immigration Judge to make further findings of fact as to whether the applicant s alleged harm by the police was because the police viewed him as a whistleblower.  In that regard, the Immigration Judge also should assess the applicant's argument that he would be targeted as a member of a purported particular social group consisting of' former informants."  See Applicant's Appeal Brief at 25.  Further, upon remand, the Immigration Judge shall also reassess the applicant's claim for protection under the