NOT RECOMMENDED FOR PUBLICATION File Name: 21a0501n.06 No. 21-3001 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT Nov 02, 2021 DEBORAH S. HUNT, Clerk ) ANA MERCEDES ZOMETA-ORELLANA ) Petitioner, ) ON PETITION FOR REVIEW ) v. FROM THE UNITED STATES ) BOARD OF IMMIGRATION ) MERRICK B. GARLAND, Attorney General, APPEALS ) Respondent. ) OPINION ) ) BEFORE: GUY, COLE, and STRANCH, Circuit Judges. JANE B. STRANCH, Circuit Judge. Ana Mercedes Zometa-Orellana, a native and citizen of El Salvador, suffered regular beatings and rape by her domestic partner. She sought asylum and withholding of removal based both on political opinion and membership in a particular social group. An immigration judge (IJ) denied asylum and withholding of removal, and the Board of Immigration Appeals (BIA) affirmed that ruling. Since then, however, a crucial case on which both the BIA and the IJ relied to assess Zometa-Orellana’s particular social group was vacated by the Attorney General. And the IJ and BIA failed to consider the entire record in determining the El Salvadorian Government’s willingness to respond and Zometa-Orellana’s ability to relocate in El Salvador. For these reasons, we GRANT the petition, VACATE the BIA’s decision, and REMAND for further proceedings in accordance with this opinion. No. 21-3001, Zometa-Orellana v. Garland I. BACKGROUND A. Factual Background Zometa-Orellana is a native and citizen of El Salvador who entered the United States on February 25, 2016. She grew up in Zacatcoluca, where she attended school until she was eighteen years old. She met her domestic partner, Oscar Pineda, in 2011, and moved in with him in May 2014. Beginning in October 2015, Zometa-Orellana questioned Pineda regarding evidence she uncovered of his infidelity. As a result, Pineda grabbed her by the hair and dragged her to the ground, where he proceeded to punch and kick her for about thirty minutes. After this incident, Pineda beat Zometa-Orellana whenever he felt irritated. Two months later, in December 2015, Zometa-Orellana failed to prepare dinner before Pineda’s arrival home from work. Pineda became infuriated, calling her derogatory names, such as “whore,” grabbing her by the hair, and throwing her to the ground. Pineda forcibly removed her clothes and raped her. Pineda raped her an additional four times between December 2015 and February 8, 2016. In addition to his physical abuse, Pineda seized Zometa-Orellana’s phone and locked her inside their home to prevent her from seeking help. She escaped on February 8, 2016, and went to her parents’ home. Upon learning what had happened to her, Zometa-Orellana’s parents suggested that she leave the country. Zometa-Orellana fled to the United States because she felt she could not relocate in El Salvador due to its small geographic size, and because she could not rely on the El Salvadorian police. When Pineda learned of her escape, he traveled to her parents’ home and warned them that if he ever saw her again, he would kill her. Zometa-Orellana entered the United States without inspection around Hidalgo, Texas. She was apprehended by the …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals