CA9 on One Central Reason: Alfaro Manzano v. Garland

Alfaro Manzano v. Garland

"Petitioner Gerson Eduardo Alfaro Manzano, a native and citizen of El Salvador, preached to the youth of his hometown to convince them to embrace religion instead of joining gangs. The gangs did not like this. They attacked him, threatened him, and even tried to kill him. Alfaro Manzano fled to the United States. An immigration judge (“IJ”) granted withholding of removal but denied asylum, finding that Alfaro Manzano’s religion was “a reason” for his persecution but not “one central reason” sufficient for asylum eligibility. The Board of Immigration Appeals (“BIA”) affirmed. We believe the record compels the contrary conclusion that Alfaro Manzano’s faith was “one central reason” for his persecution. We accordingly grant the petition and remand for further proceedings. ... The record compels the conclusion that his religion would be “one central reason” for his persecution because “standing alone,” Alfaro Manzano’s religion would still motivate the gang members to target him. Accordingly, the conclusion reached by the BIA and IJ is not supported by substantial evidence, and we are compelled to reach a contrary conclusion. ... On remand, the Attorney General shall exercise his discretion in determining whether to grant Alfaro Manzano asylum. See Parada v. Sessions, 902 F.3d 901, 916 (9th Cir. 2018) (holding that petitioner was statutorily eligible for asylum and remanding for the Attorney General to exercise discretion as to whether to grant asylum). If Alfaro Manzano does not receive asylum, he shall still receive withholding of removal, the grant of which the Government did not appeal."

[Hats way off to Jordan Cunnings and Stephen Manning!]