United States Court of Appeals For the First Circuit No. 18-1590 IRMA AGUILAR-ESCOTO, Petitioner, v. MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Barron, Chief Judge, Howard and Kayatta, Circuit Judges. Kenyon C. Hall, with whom Jack W. Pirozzolo, Sidley Austin, LLP, Charles G. Roth, National Immigrant Justice Center, and Carlos E. Estrada were on brief, for petitioner. Yanal H. Yousef, Trial Attorney, Office of Immigration Litigation, with whom Joseph H. Hunt, Assistant Attorney General, Civil Division, and Anthony P. Nicastro, Assistant Director, Office of Immigration Litigation, were on brief, for respondent. February 7, 2023 HOWARD, Circuit Judge. For the second time, petitioner Irma Aguilar-Escoto, a native and citizen of Honduras, asks us to vacate the Board of Immigration Appeals' ("BIA" or the "Board") rejection of her claim for withholding of removal. When this case was last before us, we vacated the BIA's prior order and instructed the Board to consider the potentially significant documentary evidence submitted in support of Aguilar's claim. See Aguilar- Escoto v. Sessions, 874 F.3d 334, 335 (1st Cir. 2017). Today, we conclude that the BIA again failed to properly consider significant documentary evidence. Consequently, we vacate the Board's removal order and remand for further proceedings. I. Aguilar first entered the United States in 2005. She was apprehended and removed soon thereafter, but she reentered the United States in 2009. When Aguilar was again apprehended, the Department of Homeland Security ("DHS") filed a notice of intent to reinstate her prior removal order. She applied for withholding of removal. At her merits hearing before an Immigration Judge ("IJ") in 2013, Aguilar described pervasive abuse that she endured at the hands of her ex-husband, Victor Gonzales. Aguilar alleged that this abuse occurred both during and after their marriage of several years. She testified that she fled Honduras to escape the abuse. Aguilar also submitted documentary evidence related to the abuse, including: - 2 - • A 2013 psychological evaluation report by Dr. Sarah LeVine, a United States-based clinician, that diagnosed Aguilar with Major Depressive Disorder in partial remission and Post- Traumatic Stress Disorder in remission. • A record from the Medical Association of Honduras regarding treatment that Aguilar received from a psychiatrist in Honduras for emotional symptoms stemming from domestic violence. • A family court order from Honduras that detailed some of the mistreatment, ordered Gonzales to stay away from Aguilar, and gave Aguilar custody of their daughters. • Copies of three formal complaints filed with the police: One from July 13, 2004, detailing threats and harassment by Gonzales against Aguilar after the two had separated; one describing a June 14, 2008, incident in which Gonzales struck Aguilar while she was pregnant; and another from August 8, 2008, accusing Gonzales of striking Aguilar and threatening to kill her. • A personal declaration in which Aguilar attested to long- term physical and verbal abuse. • Two affidavits, one from Aguilar's brother and another from the brother …
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