An Immigration Judge had initially granted petitioner’s application for withholding of removal, finding that he was persecuted on account of his race based largely on his testimony that gang members had insulted him and then attacked him. But the Board of Immigration Appeals reversed, reasoning that there was no evidence that the gang members had mentioned petitioner’s race.
Horvitz & Levy attorneys Eric Boorstin and Peder Batalden became involved in the matter on a pro bono basis when the Ninth Circuit asked for volunteers to represent the petitioner. Their briefing argued that although the Board stated it was applying the clear error standard of review, the Board in fact failed to draw reasonable inferences in petitioner’s favor as required by that standard. The Ninth Circuit reversed the Board and remanded for further proceedings.
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