RUTH JEANETTE ORELLANA, a/k/a Ruth Yeanette-Orellana, a/k/a Ruth Jeanetta Orellana, Petitioner,
WILLIAM P. BARR, Attorney General, Respondent.
Argued: January 29, 2019
Petition for Review of an Order of the Board of Immigration
Michael Ernest Rosado, LAW OFFICES OF ROSADO & SOLTREN,
P.C., Beltsville, Maryland, for Petitioner.
Rebecca Hoffberg Phillips, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.
A. Readler, Acting Assistant Attorney General, John S. Hogan,
Assistant Director, Office of Immigration Litigation, Civil
Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Respondent.
MOTZ, KING, and WYNN, Circuit Judges.
Gribbon Motz, Circuit Judge.
Jeanette Orellana, a native and citizen of El Salvador,
petitions for review of the final order of the Board of
Immigration Appeals ("BIA") denying her all relief
from deportation. The BIA upheld the finding of an
immigration judge ("IJ") that Orellana, although
persecuted because of her membership in a particular social
group, had failed to establish that the Salvadoran government
was unwilling or unable to protect her from this persecution.
Because the agency disregarded and distorted significant
portions of the record in reaching this conclusion, we grant
Orellana's petition and remand the case for further
1992, when Orellana was fifteen years old, she met Jose
Teodoro Garcia. They started dating, and soon began living
together in San Vicente, El Salvador. When Orellana became
pregnant with their first child the next year, Garcia began
abusing her both verbally and physically. A pattern emerged
in which Garcia would spend his wages on alcohol and then,
while intoxicated, violently beat Orellana. He would
"throw [her], shove [her]," "hit [her] with
his fist," and "choke [her]." Garcia also
threatened her life with a grenade and by putting his gun to
1999, Orellana reported Garcia's abuse to the Salvadoran
police for the first time. The police officers responded to
her call by talking to Garcia, but not arresting him.
Instead, they told Orellana that Garcia was "going to be
alright and won't be bothering you."
that time forward, Orellana "would try to call the
police every time [Garcia] would become abusive." She
would wait for the police in a locked room with their two
children and a sanitation bucket, while Garcia would pace
outside with a machete. The police would not "show up to
[her] house for hours," or sometimes not "show
up" at all.
also made efforts to become independent of Garcia, which he
violently resisted. She tried to leave him by walking three
hours to her grandmother's house, but he followed her and
then assaulted her. She found employment performing childcare
in a neighboring town, but Garcia showed up at her work and
accused her of infidelity until she was fired. When she used
disaster relief aid to build a cinderblock shelter apart from