5th Circ. Pans Board For Ignoring Evidence In Asylum Suit 1 5th Circ. Pans Board For Ignoring Evidence In Asylum Suit
Law360 (June 8, 2021, 5:39 PM EDT) — The Fifth Circuit revived a Cuban national’s asylum application, saying an immigration appeals board incorrectly rejected the request by ignoring any evidence suggesting the asylum-seeker’s past charged encounters with the police were fueled by criticism of the country’s “corrupt” cops.

There was “ample” evidence in the record supporting Alejandro Gutierrez Acosta’s claims that he was fired and arrested for criticizing the Cuban government to U.S. tourists, but “it does not appear” that the U.S. Board of Immigration Appeals considered that proof when it denied his claims for protection, the three-judge panel said.

“Indeed, the BIA focused solely on whether legitimate reasons…