The Ninth Circuit has determined that the Salvadoran government is unable or willing to protect a man who testified against gang members who shot him and killed his son. “Some official responsiveness to complaints of violence, although relevant, does not automatically equate to governmental ability and willingness.” “The record before the IJ and BIA compels the conclusion that, despite initial responsiveness to JR’s complaints, the police were unable, and then unwilling, to protect JR and his family from the Mara-18 gang. After a gang member cut off two of his fingers, JR reported the crime, and the member was briefly imprisoned. However, after that incident, gang members shot JR seven times. JR survived, but lost one of his lungs. A few months later, the gang murdered JR’s son at home. After reporting the murder and agreeing to cooperate with prosecutors, JR received a death threat from the local ‘boss’ of the gang. Although the government provided protection before JR gave his testimony, it withdrew that protection after he testified.” “Even if the government could protect JR and his family, it is undisputed that, after JR finished testifying, it no longer would do so.”
The full text of JR v. Barr can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/11/18-72812.pdf