that the only credible testimonial evidence the BIA considered in determining that the Mexican government was unwilling or unable to control Ornelas-Chavez’s alleged persecutors was the fact that Ornelas-Chavez did not report the incidents of abuse he suffered to the police. Such treatment of the evidence was tantamount to making the reporting of private persecution a sine qua non for the success of Ornelas-Chavez’s withholding of removal claim. Neither IIRIRA nor the regulations implementing it require that an alien seeking withholding of removal based on third-party persecution must have reported that persecution to the authorities. In fact, any such requirement would contradict the BIA’s own precedent. See, e.g., In re SA-, 22 I. & N. Dec. 1328, 1335, 2000 WL 827754 (BIA 2000) (<HOLDING>). Moreover, a reporting requirement conflicts
holding that procedural due process requires that a student suspended for disciplinary reasons be given oral or written notice of the charges against her and if she denies them an explanation of the evidence the authorities have and an opportunity to present her side of the story holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties holding that an applicant who convincingly demonstrated that she could not rely on the authorities to protect her from her fathers abuse and that by turning to governmental authorities for help her circumstances may well have worsened was not required to report private persecution to government authorities to qualify for asylum holding that it did not violate the defendants right to remain silent when the prosecutor questioned her about inconsistencies between her pretrial statements to authorities and her defense at trial holding that mother was not proper outcry witness despite being first person child told of fathers abuse because mother refused to admit statement was made to her refused to cooperate with authorities and had been convicted of related offense