24 Aug 2017

CA3 on Honduras, Withholding: Mendoza-Ordonez v. Atty. Gen.

Mendoza-Ordonez v. Atty. Gen. - "[W]e are convinced that evidence of the politically motivated death threats, the inaction on Mendoza’s complaints, a perpetrator and judge who shared a political affiliation in opposition to that of Mendoza, and evidence of a politically corrupt justice system that failed to reign in politically motivated violence in Honduras compels two findings: first, the Honduran government was unwilling or unable to protect Mendoza from death threats; and, second, Mendoza could not safely relocate in Honduras. These findings, in turn, lead only to one reasonable conclusion: ‘“it is more likely than not that [Mendoza’s] life or freedom would be threatened [in Honduras] on account of . . . political opinion.’” Ordonez–Tevalan, 837 F.3d at 341 (quoting Amanfi, 328 F.3d at 726); 8 C.F.R. § 1208.16(b)(1). For this reason, we conclude that this case is one of those rare instances in which remand is not necessary. The record compels a conclusion that withholding of removal should be granted, and we will do so."

[Hats off to J. Alex Brophy!]