Latest Case: Conde Quevedo v. Barr (Immigration Law)

The Unacknowledged Clash Between the Supreme Court’s Interpretation of the Religion Clauses and the Free Speech Clause of the First Amendment

VIKRAM DAVID AMAR, ALAN E. BROWNSTEIN

Illinois law dean Vikram David Amar and UC Davis law professor emeritus Alan Brownstein comment on a largely unacknowledged clash between religious accommodations and exemptions on the one hand, and core free speech principles which the U.S. Supreme Court has repeatedly recognized, on the other. Amar and Brownstein describe this apparent conflict and suggest that the Court begin to resolve the conflict when it decides two cases later this term presenting the question of the scope of the “ministerial exception.”

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Conde Quevedo v. Barr

Docket: 18-70078

Opinion Date: January 24, 2020

Judge: Susan Graber

Areas of Law: Immigration Law

Petitioner, a citizen of Guatemala, sought review of the BIA's denial of withholding of removal based on the agency's conclusion that the record does not establish that Guatemalan society recognizes "people who report the criminal activity of gangs to police" as a distinct social group. The Ninth Circuit held that it lacked jurisdiction to review petitioner's renewed argument concerning relief under the Convention Against Torture, because the panel expressly disposed of the issue in a prior petition for review and the issue was not currently under consideration. The panel also held that substantial evidence supported the BIA's conclusion that the record was devoid of any society specific evidence, such as country reports, background documents, or news articles, which would establish that persons who report the criminal activity of gangs to the police are perceived or recognized as a group by society in Guatemala. The panel explained that, although the record contained two State Department Human Rights Reports and a Congressional Research Service report, none of those documents discussed reporting gang violence to police, or any risks or barriers associated with doing so. Furthermore, the documents did not assert that Guatemalan society recognizes those who, without more, report gang violence as a distinct group. Furthermore, the testimony failed to support a finding of social recognition. Accordingly, the panel dismissed in part and denied in part.