Pineda-Maldonado v. Garland, No. 20-1912 (1st Cir. 2024)

In Pineda-Maldonado v. Garland, the United States Court of Appeals for the First Circuit reviewed the Board of Immigration Appeals (BIA) decision denying Ricardo Jose Pineda-Maldonado’s application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Pineda-Maldonado, a native of El Salvador, entered the U.S. in 2016 after being threatened and physically harmed by “cattle thieves” who had previously murdered his father over a gambling-related debt. The thieves then targeted Pineda-Maldonado and his brother, fearing they would seek revenge for their father’s murder.

The First Circuit found that the BIA’s denial of Pineda-Maldonado’s claims was not supported by substantial evidence. The court determined that the BIA failed to properly assess whether the threats and harm Pineda-Maldonado experienced constituted past or potential future torture, as required for CAT protection. Additionally, the court noted that the BIA did not adequately consider the nexus between the persecution Pineda-Maldonado faced and his family status, which is crucial for asylum and withholding of removal claims.

The court granted Pineda-Maldonado’s petition, vacated the BIA’s decision, and remanded the case for further proceedings, emphasizing the need for a thorough evaluation of the evidence and proper legal analysis.