United States Court of Appeals For the First Circuit No. 19-1084 DARLIN ELEAZAR ENAMORADO-RODRIGUEZ, Petitioner, v. WILLIAM P. BARR,* ATTORNEY GENERAL OF THE UNITED STATES, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Lynch, Lipez, and Thompson, Circuit Judges. Joshua D. Asher, with whom Megan McEntee, David C. Soutter, and Ropes & Gray LLP were on brief for petitioner. Jennifer A. Singer, Trial Attorney, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, with whom Kristen A. Giuffreda, Trial Attorney, Joseph H. Hunt, Assistant Attorney General, and Shelley R. Goad, Assistant Director, were on brief for respondent. October 30, 2019 * Pursuant to Fed. R. App. P. 43(c)(2), Attorney General William P. Barr is substituted for former Acting Attorney General Matthew G. Whitaker as respondent. LYNCH, Circuit Judge. Darlin Eleazar Enamorado- Rodriguez ("Enamorado"), a Honduran national, came to the United States at age fifteen and sought asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). He asserted he had experienced past persecution on account of a protected ground, his membership in his mother's nuclear family, and would face future persecution. Although the Immigration Judge ("IJ") found that Enamorado's testimony was credible, and that the abuse Enamorado suffered had indeed amounted to persecution, the IJ denied asylum relief. He held that Enamorado had not met his burden to show the required nexus. The BIA affirmed, saying in part that Enamorado had failed to submit corroborative evidence. We vacate the BIA's decision denying asylum and withholding of removal as to Enamorado's family membership persecution claim for relief, deny the relief Enamorado sought on alternate particular social group ("PSG") theories and for CAT relief, and remand the matter for proceedings on Enamorado's family membership persecution claim, consistent with this opinion. I. We describe first those facts relevant to our conclusion there was legal error. Facts pertinent to our rejection of Enamorado's challenges to other claims are recited with the analyses of those claims. - 2 - Enamorado was born on January 22, 2000, in El Capuline, a small, isolated, mountainous village in the municipality of Santa Barbara, Honduras. According to the uncontradicted declaration of Enamorado's mother, Ruth Azucena Rodriguez Acosta, his father, Eleazar Enamorado Alberto, was addicted to drugs and physically abused her, including while she was pregnant with Enamorado. Days after Enamorado's birth, his father slapped his mother in front of his father's sister, who told Eleazar that he had to leave the family home. Eleazar did. Enamorado's mother then did not hear from his father for seven months. His mother then moved to San Pedro Sula with Enamorado so that she could live with her own mother. Enamorado's father eventually came to San Pedro Sula, and when, after six months, his mother "decided to get back together with him," they rented a room together. Within a month, Enamorado's father resumed physically abusing his mother. His mother "was never able to tell anyone how" his father abused her and did not believe ...
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