Published on: Monday, February 6, 2023

Indigenous man from Guatemala who fled his home city of Sacatepéquez because of frequent beatings and death threats from a local MS13-affiliated gang against him and his family: this qualifies as persecution. Board of Immigration Appeals: Sure, a gang harassed you, threatened you, and repeatedly beat you, and then, when you skipped town, took their revenge by beating up your father and raping your sister. But it only counts as "past persecution" if you had to get a medical doctor involved. Third Circuit: Guys. Guys. No. "We have previously cautioned [immigration judges] and the BIA against ethnocentric evaluations of petitioners' resources." "Petitioners primarily come from countries in the poorest and most dangerous regions of the world. Any presumption that they enjoy the same kinds of resources as their adjudicators is shortsighted and unfair." Board of Immigration Appeals' order for removal revoked.

The case is Selvin Saban-Cach v. Attorney General United States, 21-2378.