BIA Ruling “Riddled With Error”

In a decision written by Judge Pryor, the U.S. Court of Appeals for the Eleventh Circuit found a Board of Immigration Appeals ruling denying asylum to a native of Venezuela who claimed past persecution on account of his opposition to the Chavez government and his sexual orientation, to be “riddled with error”:

 “The decision of the Board is riddled with error. The Board stated that it agreed with the decision of the immigration judge that the mistreatment Ayala suffered did not rise to the level of persecution, but the immigration judge made no such ruling. The Board also found that Ayala had failed to prove that the police officers who sexually assaulted him acted on account of a protected ground, but neither the Board nor the immigration judge even mentioned the police officers’ slurs about Ayala’s homosexuality. The Board also found that Ayala failed to prove that the government was unable to protect him even though Ayala suffered mistreatment at the hands of police officers, not private actors. Because the Board and the immigration judge failed to give reasoned consideration to Ayala’s application, we grant Ayala’s petition for review, vacate the decision of the Board, and remand to the Board for further proceedings.”

Ayala v. U.S. Atty. Gen., May 7, 2010.

KJ