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tortleasehuman rightsasylum
tortleasehuman rightsasylum

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Lopez Ordonez v. Barr

Facts

Hector Daniel Lopez Ordonez was conscripted into the Guatemalan military at age 15 and served in the G-2 intelligence unit, where he was ordered to torture and kill individuals. After refusing to kill a five-month-old baby and threatening to report the unit's abuses, he was confined to a hole for ten months. Upon his release, he fled to the United States, where he later applied for asylum and withholding of removal, citing persecution based on his political opinion and religion.

Hector Daniel Lopez Ordonez was conscripted into the Guatemalan military when he was 15 years old. As part of the G-2 intelligence unit, Lopez Ordonez was orderedand repeatedly refusedto torture and kill people. After a particularly horrific incident in which Lopez Ordonez refused to murder a five-month-old baby and threatened to report the G-2's abuses to human rights organizations, the G-2 confined him to a hole in the ground for ten months. Upon his release, he fled to the United States.

Issue

Did Lopez Ordonez establish the requisite nexus between his past persecution and a protected ground under the Immigration and Nationality Act?

Did Lopez Ordonez establish the requisite nexus between his past persecution and a protected ground under the Immigration and Nationality Act?

Rule

To establish eligibility for asylum or withholding of removal, a petitioner must demonstrate persecution on account of a statutorily protected ground, including political opinion. The protected ground must be at least one central reason for the persecution.

To establish eligibility for asylum or withholding of removal, a petitioner must demonstrate persecution on account of a statutorily protected ground, including political opinion. The protected ground must be at least one central reason for the persecution.

Analysis

The court determined that the BIA erred in concluding that Lopez Ordonez did not establish a nexus between his persecution and his political opinion. The evidence showed that the G-2 military unit imputed a political opinion to him based on his refusal to comply with inhumane orders and his threats to report their actions to human rights organizations. This imputed political opinion was a central reason for the persecution he faced.

The court determined that the BIA erred in concluding that Lopez Ordonez did not establish a nexus between his persecution and his political opinion. The evidence showed that the G-2 military unit imputed a political opinion to him based on his refusal to comply with inhumane orders and his threats to report their actions to human rights organizations. This imputed political opinion was a central reason for the persecution he faced.

Conclusion

The court granted the petition for review, vacated the BIA's order, and remanded the case for further proceedings, concluding that Lopez Ordonez had established the requisite nexus between his persecution and a protected ground.

The court granted the petition for review, vacated the BIA's order, and remanded the case for further proceedings, concluding that Lopez Ordonez had established the requisite nexus between his persecution and a protected ground.

Who won?

Hector Daniel Lopez Ordonez prevailed in the case because the court found that he had demonstrated a nexus between his persecution and his political opinion, contrary to the BIA's determination.

Hector Daniel Lopez Ordonez prevailed in the case because the court found that he had demonstrated a nexus between his persecution and his political opinion, contrary to the BIA's determination.

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