Sandra Lorena Menjivar v. Alberto Gonzales, Attorney General of the United States of America, 1

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• indicating that in certain circumstances facts specific to the petitioner may trump the general country background information
• noting that substantial evidence supported finding that the government was not unable or unwilling to control alleged persecutor, where petitioner never reported incidents and the government lacked opportunity to respond
• accepting as reasonable the Board’s view that a petitioner must show more than government difficulty controlling private behavior to meet the “unwilling or unable” standard
• stating for the first time that a petitioner must show the government condones or is completely helpless to prevent a private actor’s behavior
• while the government of El Salvador may have a problem controlling gang activity of which it is aware, this is not sufficient to find torture by third parties
• “To whatever extent these materials show that there is a general problem of gang violence ... we do not believe they can override the evidence in this case that police conducted a thorough investigation. ...”

Source: CourtListener parenthetical corpus (CC0).