Saravia v. Attorney General United States

Saravia is a citizen of El Salvador. When Saravia was five, his mother left for the U.S. for economic reasons. In 2005, members of MS-13 began trying to recruit Saravia. He refused; they beat and threatened him with the murder of his family if his father reported the gang to the police. His father to send Saravia and Saravia’s younger sister to live with their mother in New Jersey. They entered without inspection in 2006. Saravia claims that MS-13 subsequently killed two of his cousins and attacked his father. In 2015, Saravia was arrested for aggravated assault, simple assault on a law enforcement officer, resisting arrest by physical force or violence, aggravated assault with a deadly weapon, unlawful possession of a firearm, and unlawful possession of a weapon. Saravia testified that, while he was in police custody, MS-13 called his mother and threatened to kill him if he returned to El Salvador. During his probation, Saravia was arrested for driving under the influence. Saravia was denied asylum and withholding of removal, 8 U.S.C. 1231(b)(3)(A), and relief under the Convention Against Torture. The IJ found Saravia credible but determined that Saravia failed to corroborate his claim. The Board affirmed. The Third Circuit vacated, based on the Board’s failure to follow precedent holding that an IJ must “give the applicant notice of what corroboration will be expected and an opportunity to present an explanation if the applicant cannot produce such corroboration.” View "Saravia v. Attorney General United States" on Justia Law