CA9 on Asylum, Mexico, Evidence, Nexus: Meza Diaz v. Garland

Meza Diaz v. Garland

"Petitioner Briseyda Meza Diaz (“Meza Diaz”) and her minor daughter, Gabriela Segundo Meza (“GSM”), fled Mexico after suffering a home invasion by hooded, armed men who held a weapon to Meza Diaz’s head, told her that she was going to die, and then beat her unconscious. The home invasion followed years of death threats received by Meza Diaz after her brother was murdered and her husband was abducted. When Meza Diaz went to the local police to report the threats and beating, they told her that they could not protect her and encouraged her to flee the country, even offering her a ride to the airport. Meza Diaz and GSM fled Mexico the next day out of fear for their safety. They presented themselves to authorities at the United States border and sought asylum and other relief. When Meza Diaz and GSM sought asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), an Immigration Judge (“IJ”) and the Board of Immigration Appeals (“BIA”) determined that Meza Diaz’s past experiences in Mexico did not rise to the level of persecution. They also determined that Meza Diaz and GSM did not establish a well-founded fear of future persecution. The IJ and BIA therefore denied all forms of relief and ordered Meza Diaz and GSM removed. Meza Diaz petitions for review of the BIA’s denial of her appeal of the IJ’s decision. We conclude that the record compels a finding that Meza Diaz experienced past persecution by forces that Mexican officials are either unable or unwilling to control. Because the BIA committed legal error in its analysis of nexus, we grant the petition as to Meza Diaz’s asylum and withholding claims and remand for further proceedings consistent with this opinion."

[Hats off to Mardy Sproule!]