Mark A. Flores (EOIR ID WW847590) Littler Mendelson, PC. 2001 Ross Avenue Suite 1500, Lock Box 116 Dallas, TX 75201-2931 Phone: 214.880.8100 Fax: 214.880.0181 Steven D. Zansberg Ballard Spahr, LLP 1225 17th Street, Suite 2300 Denver, CO 80202-5596 Phone: 303.292.2400 Fax: 303.296.3956 zansbergs@ballardspahr.com Counsel for proposed amici curiae DETAINED Charles D. Tobin Ballard Spahr, LLP 1900 Street, NW 12th Floor Washington, DC 20006-1157 Phone: 202.661.2218 Fax: 202.661.2299 tobinc@ballardspahr.com UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW BOARD OF IMMIGRATION APPEALS In the Matters of: GUTIERREZ-SOTO, EMILIO GUTIERREZ-SOTO, OSCAR EMILIO Respondents. El Paso, Texas File Nos: A077 491 780 A094 954 970 REQUEST OF JOURNALIST ORGANIZATIONS TO APPEAR AS AMICI URIAE REQUEST TO APPEAR AS AMICI CURIAE Pursuant to 8 C.F.R. the National Press Club and sixteen (16) other journalism organizations respectfully request leave to appear as amici curiae and to ?le the accompanying brief. Proposed amici have extensive experience working with, and advocating the public?s interest, in the rights and safety of journalists reporting in some of the most dangerous areas of the world and on their ability to obtain asylum in the United States. Proposed amicus curiae the National Press Club, based in Washington, DC, was founded in 1908 and is ?The World?s Leading Professional Organization for Journalists.? The National Press Club has more than 3000 members worldwide representing nearly every major news organization and occupies 54,000 square feet of of?ce space two blocks from the White House in the historic National Press Building. The National Press Club advocates for press freedom around the globe and has been successful at leading campaigns to protect journalists arbitrarily detained in countries such as Iran, Egypt, Turkey, Azerbaijan, and Nigeria. On October 4, 2017, the National Press Club awarded Emilio Gutierrez?Soto the John Aubochon Award for Freedom of the Press on behalf of Mexican journalists. Proposed amicus curiae the National Press Club Journalism Institute is the non-pro?t arm of the National Press Club, founded to promote journalistic credibility and integrity worldwide. It does this by training journalists on best practices, professional standards and ethical conduct, and promoting and defending press freedom worldwide. Through its Press Freedom Committee, the Institute helps the National Press Club select the winners of the John Aubuchon Press Freedom Award. It was the committee?s decision to invite Emilio Gutierrez- Soto to represent Mexico?s journalists at the October 4, 2017 Fourth Estate Award dinner. The Institute has an interest in defending the reputation of its award winner, as well as an interest in the precedent this case could set for journalists worldwide. REQUEST TO APPEAR AS AMICI CURIAE PAGE 2 Proposed amicus curiae The Reporters Committee for Freedom of the Press is an unincorporated nonpro?t association. The Reporters Committee was founded by leading journalists and media lawyers in 1970 when the nation?s news media faced an unprecedented wave of government subpoenas forcing reporters to name con?dential sources. Today, its attorneys provide pro bono legal representation, amicus curiae support, and other legal resources to protect First Amendment freedoms and the newsgathering rights of journalists. The Reporters Committee for Freedom of the Press is an unincorporated association of reporters and editors with no parent corporation and no stock. Proposed amicus curiae American Society of News Editors, with some 500 members, is an organization that includes directing editors of daily newspapers throughout the Americas. ASNE changed its name in April 2009 to American Society of News Editors and approved broadening its membership to editors of online news providers and academic leaders. Founded in 1922 as American Society of Newspaper Editors, ASNE is active in a number of areas of interest to top editors with priorities on improving freedom of information, diversity, readership and the credibility of newspapers. Proposed amicus curiae Association of Alternative Newsmedia is a not-for? pro?t trade association for approximately 110 alternative newspapers in North America, including weekly papers like The Village Voice and Washington City Paper. AAN newspapers and their websites provide an editorial alternative to the mainstream press. AAN members have a total weekly circulation of seven million and a reach of over 25 million readers. Proposed amicus curiae Radio Television Digital News Association is the world's largest professional association devoted to advocating on behalf of broadcast and digital journalists. RTDNA's Voice of the First Amendment Task Force defends against threats to press REQUEST TO APPEAR AS AMICI CURIAE PAGE 3 freedom targeting all journalists. Founded as a grassroots organization in 1946, RTDNA works to protect the rights of journalists in the courts and legislatures throughout the country, promotes ethical standards in the industry, provides members with training and education and honors outstanding work in the profession through the Edward R. Murrow Awards. Proposed amicus curiae American Society of Journalists and Authors founded in 1948 is the nation's professional organization of independent non?ction writers. membership consists of more than 1,200 outstanding freelance writers of magazine and newspaper articles, trade books, and many other forms of non?ction writing. Members must meet exacting standards of professional achievement. A is a primary voice in representing freelancers' interests, serving as spokesman for their rights, including those to help them control and pro?t from uses of their work in the new media and otherwise. The ASJA has a long history of supporting free speech and a free press. The organization speaks out against censorship and recognizes exceptional journalistic courage through its Conscience in Media, Open Book awards and other activities. In 2015, it awarded its Conscience in Media Award to James Foley, Steven Sotloff and Austin Tice. In 2018, it is bestowing that award on Maltese journalist, writer, and anti-corruption activist Daphne Caruana Galizia. Proposed amicus curiae Society of Professional Journalists is the nation?s largest, most broad?based journalism association. is dedicated to encouraging the free practice of journalism and stimulating high standards of ethical behavior. Founded in 1909 as Sigma Delta Chi, SPJ promotes the free ?ow of information vital to a well?informed citizenry through the daily work of its nearly 7,500 members; works to inspire and educate current and future journalists through professional development; and protects First Amendment guarantees of freedom of speech and press through its advocacy efforts. REQUEST TO APPEAR AS AMICI CURIAE PAGE 4 Proposed amicus curiae Reporters Without Borders, a 501(c)(3) non-pro?t organization is the US of?ce of the global organization Reporters sans Frontieres based in Paris, a world leading defender of freedom of information with more than 30 years of experience. Thanks to an international network of correspondents in 130 countries, 12 offices (Vienna, Brussels, Helsinki, Paris, Berlin, Madrid, Stockholm, Geneva, Taipei, Tunis, DC, London) and a consultative status at the UN and UNESCO, RSF is able to make a global impact, gather a great deal of on-the ground information, conduct major advocacy campaigns, and assist and defend news providers all across the world. RSF has a signi?cant interest in protecting freedom of expression and the ability of ournalists to gather and report newswincluding by ensuring that journalists are free to exercise their profession reporting on important issues such as corruption and drug cartels without fear of physical violence or murder. The issues raised in the case of Mexican journalist Emilio Gutierrez engage this interest directly. RSF publishes annual reports that tally the number of journalists killed worldwide, concluding that in 2017, 11 reporters were killed in Mexico, making it the second deadliest country in the world for journalists after Syria. Proposed amicus curiae PEN America, a non?profit organization based in New York, stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. PEN America's free expression work includes advocacy to defend journalists and protect free expression and press freedoms in the United States and around the world. PEN America, founded in 1922, is the largest of more than 100 centers of PEN International. PEN America's membership of over 7,000 includes a REQUEST TO APPEAR AS AMICI CURIAE PAGE 5 nationwide community of novelists, journalists, editors, poets, essayists, playwrights, publishers, translators, agents, and other professionals. Proposed amicus curiae The Alicia Patterson Journalism Foundation is the nation?s oldest journalism writing fellowship. It ?nds signi?cant research and writing into serious tepics of worldwide interest. It stands for independent, vital journalism being conducted by fair?minded individuals. The important work of honored and esteemed journalists like Emilio Gutierrez?Soto is crucial for public understanding of world events. His unjust detainment by immigration of?cials causes true harm to free expression and the right of the public to know what is transpiring in their world. Proposed amicus curiae Knight?Wallace Fellowships for Journalists, Wallace House, University of Michigan is committed to supporting the work and careers of journalists around the world. Each year the program invites a select group of exceptional mid-career journalists to spend an academic year at the University of Michigan enhancing their skills through individual study plans and collaborative learning through seminars, training workshops and travel. In doing so, we support the essential work of journalism to inform and engage the public, to pursue and present veri?able facts and complex truths and to hold the powerful to account. Proposed amicus curiae Society of American Business Editors and Writers historically known as the Society of American Business Editors and Writers, have joined together in the common pursuit of the highest standards of economic journalism, through both individual and collective efforts. Recognizing that economic freedom is inextricably linked to political freedom and that an informed citizenry can ensure that these freedoms are sustained, it is the Society?s mission as an independent, not?for-profit organization to encourage comprehensive reporting of economic events without fear or favoritism and to upgrade skills and REQUEST TO APPEAR AS AMICI CURIAE PAGE 6 knowledge through continuous educational efforts. More recently, SABEW has become more focused on press freedom concerns, issuing statements, creating events and training highlighting the importance of journalism, including that fact-based reporting is necessary for the health of robust democracies. SABEW also advocates for full access to ?nancial and economic data, including information collected and distributed by government. SABEW also holds an annual awards competition highlighting the ?Best in Business,? recognizing outstanding journalism conducted in the US. and abroad among professionals and students. Proposed amicus curiae National Press Foundation is a nonpro?t dedicated to training and educating journalists in the United States and around the world. NPF provides in? person training for hundreds of journalists each year, and digital content is accessed more than 200,000 times each year by journalists around the globe. Proposed amicus curiae Pulitzer Center on Crisis Reporting, based in Washington, DC, was founded in 2006 as a non-pro?t journalism center dedicated to supporting in-depth engagement with underreported global affairs through sponsorship of quality international journalism across all media platforms and a unique program of outreach and education to schools and universities. The Center supports over 150 international reporting projects each year, working in tandem with major international news outlets. Proposed amicus curiae Media Law Resource Center is a non?pro?t trade association which counts as members about 140 media companies and 200 law firms practicing media law. It presents conferences on media law globally, distributes newsletters and bulletins about media law and has sixteen (16) standing committees on substantive media law subjects. Proposed amicus curiae Fundamedios Inc., is a non?pro?t organization advocating for Spanish-speaking journalists in the United States and Latin America. The multidisciplinary REQUEST TO APPEAR AS AMICI CURIAE PAGE 7 organization monitors threats to Spanish-speaking journalists? safety, to their ability to gather and report the news, and to freedom of expression across the continent. Fundamedios Inc., was founded in 2007 by renown Ecuadorian journalist Cesar Ricaurte and has of?ces in WashingtOn, DC, and Quito, Ecuador. The National Press Club, National Press Club Journalism Institute, The Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Radio Television Digital News Association, American Society of Journalists and Authors, Reporters Committee for Freedom of the Press, Society of Professional Journalists, Reporters Without Borders, PEN America, The Alicia Patterson Journalism Foundation, Knight-Wallace Fellowships for Journalists, Wallace House, University of Michigan, Society of American Business Editors and Writers, National Press Foundation, Pulitzer Center on Crisis Reporting, National Press Club Journalism Institute, Media Law Resource Center and Fundamedios Inc. therefore respectfully request leave to appear as amici curiae. Pursuant to Rule 2.10, amicz? have attached a copy of their Proposed Brief of Amici Curiae for the Board?s consideration. Dated: March 19,2018 g/e Mark A. Flores (EOIR ID WW847590) Charles D. Tobin Steven D. Zansberg Counsel for amicz? curiae REQUEST TO APPEAR AS AMICI CURIAE PAGE 8 Mark A. Flores (EOIR ID WW847 590) Littler Mendelson, PC. 2001 Ross Avenue Suite 1500, Lock Box 116 Dallas, TX 75201-2931 Phone: 214.880.8100 Fax: 214.880.0181 Steven D. Zansberg Ballard Spahr, LLP 1225 17th Street, Suite 2300 Denver, CO 80202?5596 Phone: 303.292.2400 Fax: 303.296.3956 zansbergs@ballardspahr.com Counsel for amicz' curiae DETAINED Charles D. Tobin Ballard Spahr, LLP 1900 Street, NW 12th Floor Washington, DC 20006-1157 Phone: 202.661.2218 Fax: 202.661.2299 tobinc@ballardspahr.com UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW BOARD OF IMMIGRATION APPEALS In the Matters of: GUTIERREZ-SOTO, EMILIO OSCAR EMILIO Respondents. El Paso, Texas File A077 491 780 A094 954 970 BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF RESPONDENTS EMILIO AND OSCAR EMILIO SOTO BRIEF 0F AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE i TABLE OF CONTENTS 1. STATEMENT OF INTEREST OF AMICI CURIAE 1 11. SUMMARY OF ARGUMENT 2 ARGUMENT 4 A. Mr. Gutierrez-Soto is unquestionably a member of a "Particular Social Group"?Professional Journalists 4 1. Mr. Gutierrez-Soto has published multiple articles under his byline with El Diario del Noroeste of Nuevo Casas Grandes, Ascencion Edition 4 2. Mr. Gutierrez?Soto has received the praise and admiration of his international colleagues for his work 8 B. As a result of his reporting on the Mexican government, Mr. Gutierrez- Soto has a credible fear of persecution 10 1. There is abundant evidence that Mexican journalists who have reported on government corruption face persecution (including death), and that such crimes are committed with impunity 10 2. The Mexican military is a leading perpetrator of violence against journalists throughout Mexico and has recently been effectively immunized from sanctions for such attacks 16 3. There is a much greater threat to the respondents? personal safety now than when they initially sought asylum 19 C. To Deny Mr. Gutierrez-Soto asylum would be an egregious break with this nation?s long-standing commitment to provide safe refuge to journalists from foreign lands who are the targets of reprisal 22 IV. CONCLUSION 25 BRIEF OF AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE ii I. STATEMENT OF INTEREST OF AMICI URIAE At a time when physical, and often fatal, attacks against reporters and editors around the globe are at an all-time high,1 our Nation has a heightened duty to provide safe haven to foreign journalists, like Emilio Gutierrez-Soto, and their families, who ?ee their homelands in response to serious threats to their safety. The United States? public interest in protecting refugees who are journalists is especially great. Mr. Guti?rrez?Soto?s reporting on the corruption and human rights abuses of the Mexican military has garnered international press coverage. As a result, he and his son undoubtedly would face life-threatening government reprisal were they to be forcibly returned to Mexico, where ?fty-one (51) journalists have been murdered with impunity in the last ten years. The National Press Club and the sixteen (16) other organizations who appear as amici curiae all share a fundamental commitment to protecting the free ?ow Of accurate and truthful information, via the press, to the peoples of the world. As this Nation?s founding fathers recognized, democracy, freedom, and human ful?llment cannot ?ourish without a free press. This is as true in foreign lands as it is in this country. Journalists, both in the United States and abroad, routinely place themselves and their loved ones at risk Of serious harm by exposing corruption and illegal actions by government actors. America has a long heritage of providing safe haven for foreign reporters, authors, and commentators who bravely publish truthful information and, as a result, get labeled ?enemies? 1 See, e. Committee to Protect Journalists, Record Number Of Journalists Jailed As Turkey, China, Egypt Pay Scam Price For Repression, available at Reporters Without Borders, 2017 Press Freedom Index, available at A copy of the article authored by the Committee to Protect Journalists has been attached as part of Appendix C. [App?x C, pp. 332-45]. BRIEF 0F AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO GUTIERREZ-SOTO AND OSCAR EMILIO PAGE 1 by those on whom they report and get targeted for reprisal. These amici curiae urge this Board to maintain this noble tradition. Dispatching Emilio Gutierrez-Soto and his son to almost certain death upon their return to Mexico would send a clear signal to corrupt government of?cials around the world, and to the journalists working abroad, that Freedom of the Press is now a diminished public policy in this country. II. SUMMARY OF ARGUMENT As many of these amici curiae organizations have formally recognized, Emilio Gutierrez? Soto is unquestionably a professional journalist who reported on government abuse prior to being forced to ?ee his homeland. The Immigration Judge erroneously chastised Mr. Gutierrez- Soto for failing to produce a large body of his published news reports even though Mr. Gutierrez-Soto could not access his portfolio of published reports to support his asylum petition, and they are not readily available on the Internet. While his testimony should have suf?ced, amici through the assistance of New Mexico State University (?New Mexico State?) have recently obtained more than 100 of Mr. Guti?rrez-Soto?s published news reports. These articles were only discovered following a search of a paid-subscription service by a trained librarian and do not even represent the entirety of his work as the database is incomplete. Moreover, Mr. Gutierrez-Soto was honored last year for his body of work as a professional journalist by the National Press Club in Washington D.C., one of the highest honors in professional journalism. Emilio Gutierrez-Soto?s courageous journalism also has earned him the credible fear of persecution if he and his son were to return to Mexico. There is abundant objective corroborating evidence that Mexican journalists who have reported on government corruption are the targets of reprisals and violent, often fatal, attacks. On February 2, 2018, the US. State Department provided this Board with a current country conditions report of which the Board may BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 2 administratively notice. That report authoritatively establishes that "Mexico [is] the most dangerous place in the world to be a journalist outside of war zones," with "the UN High Commissioner for Human Rights record[ing] 15 killings [of journalists in Mexico from January 2017] as of November 2017."2 Indeed, according to the State Department, "journalists [in Mexico] are threatened by public and law enforcement of?cials, including the military, merely for reporting on issues they deem critical." The State Department report further establishes that those who persecute journalists in Mexico do so with impunity. Notwithstanding the Immigration Judge?s erroneous statement that the Respondents have not exhausted other avenues of government-provided protection, the State Department has recognized and journalists continue to criticize federal and state mechanisms as underfunded, ineffective, and lacking political support. One journalist killed was under the federal protection mechanism at the time of his death." Furthermore, as a result of a recent change of law in Mexico, which occurred after the Immigration Judge?s ruling below, the Mexican military has now been of?cially installed as that nation?s civil law enforcement agency, effectively rendering its of?cers and soldiers absolutely immune from any consequences for persecuting journalists. Lastly, as a result of the widespread international press attention the Guti?rrez-Sotos? case has appropriately garnered, the threat to their personal safety in Mexico is far greater now than it was when they initially sought asylum in 2008. 2 A copy of this letter was sent as an attachment to a letter dated February 7, 2018 from Lacie McLaurin, Legal Instruments Examiner for the Board of Immigration Appeals to counsel for the Guti?rrez-Sotos and Department of Homeland Security/Immigrations and Customs Enforcement BRIEF 0F AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 3 For the Board to deny Respondents? asylum petitions would break with this Nation?s long and proud tradition of providing safe refuge to foreign journalists, authors and commentators who courageously criticize corrupt government of?cials in their native countries. ARGUMENT A. Mr. Gutierrez-Soto is unquestionably a member of a "Particular Social Group"?Professional Journalists. While he lived in Mexico, Emilio Gutierrez?Soto worked as a professional journalist. Consistent with the core mission of ournalists everywhere who monitor their own governments, his news reports exposed corruption and abuse by the Mexican military. For this reason, upon his arrival in the United States, he received an award of the highest honor for the service he provided to the Mexico citizenry. NO doubt, Mr. Gutierrez?Soto would have traded the award for a chance to live freely and safely in his homeland, a country he deeply loves. Sadly, the credible death threats he received for reporting the truth now make that impossible. Yet the Immigration Judge discounted every shred of evidence that supports Mr. Guti?rrez-Soto?s and his son?s well?founded fears of fatal reprisals in Mexico. Because Gutierrez-Soto did not have access to his published news reports, the Immigration Judge erroneously concluded that Respondent had not shown a credible fear of persecution on account of his being a professional journalist. [Order, pp. 26-27]. The record of Mr. Gutie?rrez?Soto?s byline at the top of multiple El Diario articles attached to this brief as Appendix A as well as the numerous honors and accolades presented to Mr. Gutierrez-Soto by international journalism organizations requires the Board to correct the Immigration Judge?s error. 1. Mr. Gutierrez-Soto published multiple articles under his byline with El Diario del Noroeste of Nuevo Casas Grandes, Ascencion Edition. Mr. Gutierrez?Soto published multiple articles under his byline with El Diario del Noroeste of Nuevo Casas Grandes, Ascencion Edition despite the Immigration udge?s ?nding BRIEF 0F AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 4 that ?nearly all of the testimony provided by the respondent was uncorroborated by independent sources or documents.? [Order at pp. 26-27]. Informacion Procesada began its operations in 1976 and maintains an online database of reports, articles and analysis provided by the local press, to the extent it exists, in the Mexican state of Chihuahua under the trade name Inpro. [App?x A, Declaration of Molly Molloy, p. The library at New Mexico State University maintains a subscription with Inpro. [Id] On March 13, 2018, New Mexico State University librarian Molly Molloy performed a search in Inpro for all articles authored by Emilio Gutierrez-Soto from January 1, 2003 to December 31, 2011. [Id at p. 3]3 The search resulted in I 44 articles, including more than 100 articles published between 2003 and 2008.4 Importantly, the search performed in Inpro does not contain every article published by Mr. Gutierrez-Soto. [Id at pp. 3-4] Inpro, like other online aggregators of news content, is not an all-inclusive repository of the news. Rather, local newspaper content like that Mr. Gutierrez?Soto published in El Diario del Noroeste of Nuevo Casas Granules, Ascencion Edition did not receive the same treatment by Inpro as articles published in the ?agship publications like El Diario de Ciudad Juarez, El Diario de Chihuahua or El Diario de El Paso. [1d, at p. 3] El Diario del Noroeste QfNuevo Cases Grandes is one of many small local papers that make up the El Diario family whose 3 Molloy performed a similar search that produced similar results on or about the time of Mr. Guti?rrez-Soto?s original hearing. While she discussed the search results during her testimony, she was never requested to produce the actual reports that she found in either Spanish or translated in English. [App?x A, Declaration of Molly Molloy, p. 4 Due to time constraints, amici have not had the ability to translate each of the 144 articles that make up the appendix in this brief. Regardless, amici note that the listing of the results of the search performed by Professor Molloy clearly states the date of the search, the name for which Molloy searched and that ?the initial search screen showing the publication dates and headlines [displayed] 144 articles.? [Id. at p. The Board can and should take judicial notice of these articles and translations submitted as part of their brief. BRIEF 0F AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 5 articles are occasionally printed in the ?agship publications. [Id] Inpro maintains the most complete library of articles published in El Diario?s ?agship publications but does not maintain a full and complete database of the smaller publications like El Diario del Noroeste of Nuevo Cases Grandes, Ascencz'on Edition. [Id] As a result, the more than 100 articles found as part of the Inrpo search is likely well short of the full list of articles published by Mr. Gutierrez-Soto. With this incontrovertible evidence, the Board should reasonably infer that Mr. Gutierrez-Soto wrote additional articles for the local paper where he worked that were not collected and archived in the Inpro database (or any database for that matter). These articles include accounts of the dangers facing journalists and the people of Mexico that were not previously translated and certi?ed. For example, Mr. Gutierrez?Soto reported on the assault on hotel guests by the Mexican military on January 30-31, 2005. Gutierrez-Soto, Asaltan un Hotel en Palomas, EL DIARIO, at p. A10, (January 30, 2005); Gutierrez-Soto, Asaltan Militares a Huespedes de Hotel en Palomas, EL DIARIO, at p. A8, (January 31, 2005).5 As part of that reporting, Mr. Gutierrez-Soto wrote that the guests who had been assaulted were being detained and that others were scared to speak out against the attack. Gutierrez?Soto, Asalz?an W: Hotel en Palomas, EL DIARIO, at p. A10, (January 30, 2005).6 Following this report, another report was published regarding the Mexican military actions threatening Mr. Gutierrez-Soto for his February 10, 2005 El Diario Northwest 5 The af?davit of New Mexico State librarian Molly Molloy establishes, to the extent that the reports are not already self-authenticating, the authenticity of Mr. Gutie?rrez-Soto?s journalism. Fed. R. Evid. 902(6). These articles have likewise been translated and certi?ed by Ms. Molloy. [App?x A, at pp. 232?40]. A true and correct copy of the translated version of the January 30, 2015 article has been attached as part of Appendix A. [Id at pp. 233?34]. As noted in the translator?s note, the article that appeared on January 31, 2015 is essentially the same as the January 30, 2015 article. [Id] 6. A true and correct copy of this article has been attached as part of Appendix A. [161.] BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 6 Chihuahua article, attributed to ?Editorial Staff,? and headlined ?Members of the Military Threaten Reporter?s Life; High Ranking Of?cers Warn Journalist After Publication of Assault and Robbery on Hotel in Palomas.? Exh. 2F to Order at pp. 13 -15 (?The death threats against Emilio Gutierrez Soto, expressed in a direct manner with the intention of frightening the reporter and discouraging his journalistic work, constitutes an extreme situation that is just one step away from being carried out in the future . . Notably, this was not the ?rst time that Mr. Guti?rrez~ Soto reported on Mexican military and police activity in the region. Mr. Gutierrez?Soto also wrote another news article about an ex-cop turned fugitive who had been missing for almost six years on May 5, 2006. Gutierrez-Soto, Cae ex policia por secquestro de hace casi 6 anos, EL DIARIO, at p. A13, (May 30, 2006).7 Mr. Gutierrez-Soto also reported generally on the Violence in the region. On February 15, 2006, he wrote an article about the shooting of two police Of?cers with an in the downtown area of Ascension. Gutierrez?Soto, Rafaguean con ?cuerno de chivo a patrulleros, EL DIARIO, at p. A5, (Feb. 15, 2006).8 On March 6, 2007, Mr. Gutierrez-Soto reported on the discovery of the body of a fellow journalist located days after he had been killed. Gutierrez-Soto Rodriguez, Hallan Muerto a Periodista Sonorense en Chihuaua, El Diario, at p. Al, (Apr. 24, 2007).9 On August 16, 2007, Mr. Gutierrez-Soto reported on the seizure of three long?arm ?rearms and a thousand cartridges of ammunition by the Mexican government in Ascension. 7 A true and correct copy of this article translated by Molloy has been attached as part of Appendix A. [Id. at pp. 235-36]. 8 A true and correct copy of this article translated by Molloy has been attached as part of Appendix A. [Id at pp. 234?35]. 9 A true and correct copy of this article translated by Molloy has been attached as part of Appendix A. [161. at pp. 237?39]. BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO GUTIERREZ-SOTO PAGE 7 Gutierrez?Soto, Decomisan tres armas largas mil cartuchos, EL DIARIO, at p. A8 (Aug. 16, 2007).10 It is indisputable Mr. Gutierrez-Soto published numerous articles examining the violence occurring throughout Mexico as well as the actions of the Mexican military and government. He did so as a staff reporter for the local newspaper in the community where he lived. His reporting put him squarely in the public and eventually in grave danger. See in?a 2. Mr. Guti?rrez-Soto?s work as a journalist has received the praise and admiration of his international colleagues Mr. Gutierrez-Soto has received signi?cant recognition for his service to the Mexican people while working as a professional journalist. On October 4, 2017, he accepted the prestigious John Aubuchon Award for Press Freedom Press Freedom Award?) from the National Press Club on behalf of all Mexican journalists. [App?x B, Declaration of William C. McCarren, pp. 242-43]. Mr. Gutierrez?Soto received the honor in recognition of ?the great personal danger that he endured exposing corruption in Mexico? and ?to put a spotlight on the dangerous working conditions for journalists in Mexico, as well as the courageous reporting by Mexican journalists in the face of threats and intimidation by cartels and the military.? Mr. Gutierrez?Soto stated during his acceptance speech that he and his colleagues in Mexico ??nd ourselves immersed in a great darkness? in recognition of the dangers journalists face in Mexico. Past winners of the award include Jason Rezaian of the Washington Post, Lara Logan of CBS News, Khadija Ismayilova of Radio Free Europe and Austin Tice, who remains missing in Syria. [161. at p. 243]. ?0 A true and correct copy of this article translated by Molloy has been attached as part of Appendix A. [Id at pp. 239-40]. BRIEF 0F AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 8 Upon hearing that the United States Immigration and Customs Enforcement detained Mr. Gutierrez-Soto, National Press Club Executive Director William C. McCarren began an online petition at Changeorg titled ?#Free Emilio: Do Not Deport Award?Winning Journalist Emilio Gutierrez to Mexico? that has garnered almost 100,000 signatures in support of Mr. Gutierrez- Soto?s request for asylum. [1d, at p. 244]. Mr. Gutie?rrez?Soto?s detention has likewise received national attention. In December 2017, multiple news organizations including the Washington Post and the Texas Tribune, published reports about Mr. Guti?rrez-Soto?s case in further recognition of his journalism career and his plight. See [Id at pp. Mr. Gutierrez? Soto?s career as a journalist and his current situation has likewise received television attention. [Id at pp. 245?46]. In short, Mr. Gutie'rrez?Soto?s bona?des as a professional journalist are indisputable. The National Press Club, which has more than 3,000 members including journalists from every major news organization, has recognized Mr. Gutierrez-Soto not only as a reporter but one who faces real and severe danger should he return to a country where persons who question the military are often ?disappeared? without a trace and with no accountability. See Nick Miroff, Denied asylum andfacing deportation, Mexican journalist says he?ll be killed if sent home, WASHINGTON POST, Dec. 8, 2017, available at 11e7?b859?fb0995360725 storv.html?utm term=.10502cf2832c; Julian Aguilar, After years of seeking asylum in US, a Mexican reporter and his son just narrowly escaped deportation, THE TEXAS TRIBUNE (Dec. 8, 2017), available at For the Board?s ease of reference, a copy of this and other material referenced in this brief and readily available online and capable of being printed have been included in Appendix C. A copy of these articles has been attached as part of Appendix at App?x pp. 274-77 and App?x pp. 268?72 respectively. Counsel has also included a hyperlink to each of the cited materials when appropriate. BRIEF OF AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 9 B. As a result of his reporting on the Mexican government, Mr. Gutierrez-Soto has a credible fear of persecution. 1. There is abundant evidence that Mexican journalists who have reported on government corruption face persecution (including death), and that such crimes are committed with impunity. The United States government has pointedly identi?ed Mexico as the world?s most dangerous place for journalists who report on corruption in government, including the military. On February 2, 2018, the State Department?s Bureau of Democracy, Human Rights and Labor sent a letter to this Board concerning Mr. Gutie?rrez?Soto?s case. The purpose of the letter was to address ?the country context facing journalists in Mexico? and ?provide facts that may aid the U.S. Board of Immigration Appeals in its review of this case.?12 In its ?country context? letter, the State Department wrote: More journalists were killed in Mexico in 2017 than in any previous year, making Mexico the most dangerous place in the world to be a journalist outside of war zones. Mexican journalists were sometimes subjected to physical attacks, harassment, and intimidation due to their reporting. Perpetrators of violence against journalists continued to act with impunity with few reports of successful investigation, arrest, or prosecution of suspects. Reporters Without Borders put the number of Mexican reporters killed in 2017 at 11. The Of?ce of the UN High Commissioner for Human Rights recorded 15 killings as of November 2017. Killings in 2017 occurred across the country including in the states of Baja California, Baja California Sur, Chihuahua, Colima, Guerrero, Jalisco, Michoacan, Morelos, Sinaloa, Tlaxcala, and Veracruz. The Committee to Protect Journalists (CPJ) reports that 51 journalists have been killed in Mexico since 2010. Through this letter, the State Department?on behalf of the United States?also establishes that 12 This Board may take administrative notice of the State Department?s report documenting the current country conditions in Mexico. See 8 C.F.R. Ralev v. I.N.S., 39 F.3d 320, 1994 WL 612561 (5th Cir. Oct. 25, 1994) (approving of ?decision to take administrative notice of a 1992 State Department country conditions report?); ing Chen v. Attorney General oft/1e U.S., 676 F.3d 112, 115 n.2 (3d Cir. 2011) (same); cf. Guerra v. Gonzales, 138 F. App'x 697, 700 (5th Cir. 2005) (noting that ?the BIA took administrative notice of the State Department report on country conditions in Colombia?). BRIEF OF AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 10 Mexican journalists facing the greatest peril are those who, like Mr. Gutierrez?Soto, report on general abuses and corruption by federal and local government of?cials, including the military: Reporting on the activity of transnational criminal organizations (TCOs) and of?cial corruption are particularly dangerous in some parts of the country, where journalists can be subjected to physical attacks, harassment, and intimidation by TCOs and corrupt state agents. On March 23, 2017, Miroslava Breach, correspondent for the daily newspapers La Jomada and El Norte de Chihuahua who reported on corruption and TCOs, was shot and killed as she was preparing to take her son to school in Chihuahua City. Local politicians and a mayor may have played a role in exposing her to the criminal elements that killed her. International recognition has not shielded reporters from attacks. Javier Valdez, another reporter who Specialized in TCO exposes, was awarded the International Press Freedom Award for heroic journalism by CPJ in 2011. On May 15, 2017, Valdez was shot and killed near his of?ce in Culiacan, Sinaloa. To date, no one has been arrested or convicted for his killing. In other instances, journalists are threatened by public and law enforcement of?cials, including the military, merely for reporting on issues they deem critical. According to an April 2017 report by Mexican NGO Article 19, public of?cials were involved in ?fty?one percent of the aggressions against journalists committed between January and June 2017. Finally, the State Department letter authoritatively establishes that Mexican federal government programs designed to bring perpetrators to justice and protect journalists were largely ineffectual, creating a nationwide culture of impunity: The CPJ has ranked Mexico sixth in its global impunity index and reports 86 percent impunity for reporters killed in Mexico since 1992. In 2006, the Mexican federal government created the Special Prosecutor?s Of?ce for Crimes against Freedom of Expression (FEADLE) to investigate crimes against journalists and bring those cases to court. FEADLE has achieved three convictions since its inception, none of which were related to homicides. According to a 2017 Reporters Without Borders investigation, only ten percent of cases involving crimes against journalists led to convictions. The Reporters Without Borders report concluded FEADLE lacks the personnel, funding, and political will to deal effectively with these cases. The federal and state governments have set up programs (known as ?mechanisms?) to offer protections to journalists whose lives are believed to be at risk. The mechanisms can provide surveillance cameras, police escorts and patrols, and portable panic buttons to notify the police in the event of an attack. NGOs and journalists continue to criticize the federal and state mechanisms as BRIEF OF AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 11 underfunded, ineffective, and lacking political support. One journalist killed was under the federal protection mechanism at the time Of his death. David Kaye and Edison Lanza, Special Rapporteurs on freedom of expression for the United Nations and the Inter-American Commission on Human Rights respectively, issued a statement in December 2017 criticizing Mexico?s record in protecting journalists . . . and calling on the government to redouble its efforts to end attacks on reporters and bring perpetrators to justice. The State Department?s letter, quoted above, cites the preliminary report issued by David Kaye and Edison Lanza, Special Rapporteurs on freedom of expression for the United Nations and Inter?American Commission on Human Rights (Kaye/Lanza Report). In that report, just issued in December 2017 [App?x C, pp. 253?67] the authors found that: Mexico faces a profound security crisis severely affecting the human rights of its people. At the heart Of the crisis is a breakdown in the rule of law and governance at local levels across the country, simultaneously leading to and exacerbated by murders, disappearances and torture. The suffering is widespread, yet the violence has often singled out those most essential to telling the story of con?ict and insecurity, corruption and criminality: journalists. It is violence with a particularly political purpose, a widespread attack on the roots of democratic life in Mexico, at local, state and national levels. During our week in Mexico, we heard repeated stories Of killings and disappearances, physical and attacks on the media, and other forms of interference designed not only to harm individual journalists but the public?s right to know. [Id 1] 8] (emphasis added). The report also provided data concerning the killing of journalists in Mexico: No single system obtains and collects data on attacks against journalists. The National Institute Of Statistics and Geography (INEGI) does not collect data on this, and the criteria and methodology for obtaining such data differs between and among federal and state institutions. The data gathered by the National Human Rights Commission presents a picture for the situation of ournalists in Mexico that cannot be described as other than catastrophic. Since 2010, 73 journalists have been killed; 12 journalists have been subject of enforced disappearances, while there have been 44 attempted killings. Since 2006, the National Human Rights Commission has registered 52 attacks against media outlets. So far in 2017, at least 11 journalists have been killed. They are Cecilio Pineda, Ricardo Monlui, Miroslava Breach, Maximino Rodriguez, Filiberto Alvarez, Javier Arturo Valdez, Salvador Adame, Hector Jonathan Rodriguez, Candido Rios, Juan Carlos Hernandez and Edgar Daniel Esqueda. Many Of the attacks are carried out against BRIEF 0F AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 12 journalists reporting on corruption, traf?cking, involvement of public authorities with organized crime, police violence and on matters related to elections. [Id 1} 18]. The UN. Rapporteurs also found that government efforts, at both the state and federal level, designed to protect journalists from violence, had been ineffectual: The specialized mechanisms of accountability, at federal and state levels, have not delivered results, leading to increased frustration. Indeed, impunity for crimes is the general rule in cases of reported journal ist killings and disappearances. (emphasis added). When these crimes are not investigated and those responsible are not brought to justice, the culture of impunity is created, which in turn can embolden perpetrators. Impunity deprives victims and families of justice, but it also fuels further violence. [Id atjl 11]. And further: The impunity for killings and other attacks against journalists has been documented by government institutions and civil society organizations, suggesting that at least 99.6% of these crimes remain unsolved. It is unconscionable that the Mexican Government has failed to determine the circumstances in which at least twenty journalists have disappeared, locate their whereabouts and prosecute those responsible. [Id at jl 33]. Finally, the report noted that with violence against Mexican journalists on the rise in 2017, the danger to journalists can only be expected to further increase in 2018 because of the national elections set to take place: We close this introductory section with one note of added urgency. 2018, it was repeatedly emphasized to us, will bring to Mexico a nationwide set of elections, at federal and state levels. The elections, and the political tension they will bring, heighten the need for security of journalists, without which the country could suffer signi?cant loss of information and public debate. [1d at 11 14]. These of?cial United Nations ?ndings are corroborated by research data compiled by numerous non-governmental civil and human rights organizations. See, e. Freedom House, 2017 report on violence against journalists in Mexico, available at BRIEF OF AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 13 Committee to Protect Journalists, No Excuse: Mexico must break cycle of impunity in journalists murders, (May 3, 2017), available at Reporters Without Borders, Mexico, available at David Argen, Mexican journalist shot dead at son ?s school Christmas pageant, THE GUARDIAN (Dec. 19, 2017), available at 7/dec/ Amnesty International, Mexico Human Rights/Continued Police and Military Violence; Assaults on Human Rights Defenders, available at Amnesty International, Mexico: Fifth journalist killed this year in sickening assault on freedom of expression, available at en/ latest/ news/ 201 ;16 Human Rights Watch, World Report 2018, available at Washington Of?ce on Latin America Statement on Violence Against Journalists and Human Rights Defenders in Mexico, (Dec. 19, 2017), Elisabeth Witchel, Getting Away With Murder/CPJ?S 201 7 Global Immunity Index Spotlights Countries Where Journalists Are Slain And The Killers Go Free, COMMITTEE TO PROTECT OURNALISTS (Oct. 31, 2017) (reporting, for 13 A copy of this article has been attached as part of Appendix C. [App?x C, pp. 409-12]. '4 A copy of this article has been attached as part of Appendix C. [Id at pp. 351?53]. 15 A copy of this article has been attached as part of Appendix C. [Id at pp. 288?92]. ?6 A copy of this article has been attached as part of Appendix C. [Id at pp. 372-73]. 17 A copy of this article has been attached as part of Appendix C. [Id at pp. 354-65]. BRIEF 0F AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 14 Mexico: ?Journalists killed with complete impunity in past decade: available at cpi .org/reports/ 20 1 7/ 1 0/ impunity-index- 1 8 Emma Daly, Journalists at Risk, HUMAN RIGHTS WATCH (Nov. 2, 2016), available at 1/02/journa1istS-risk; Pedro Pardo, Impunity and Attacks on Journalists in Mexico, STRATFOR, (Dec. 13, 2017), available at 1 3 12201 7uimpunity-and~ Woodrow Wilson Center, Dying for a Story: How Impunity and Violence Against Mexican Journalists are Weakening the Country, available at Eric L. Olson Gina Hinojosa, La Impunidad Sigue: Violence Against Journalists in Mexico, WOODROW WILSON CENTER (May 17, 2017), available at mm? International Federation of Journalists, Journalists media staff killed list in 201 7, available at (reporting Mexico as the country with the highest number of killings worldwide during 2017 at thirteen);22 Steven M. Ellis, Mexico most deadly country for journalists in 20] 7, INTERNATIONAL PRESS INSTITUTE (Dec. 19, 2017), available at 1 7/.23 ?8 A copy of this article has been attached as part of Appendix C. [App?x C, pp. 296-306]. 19 A copy of this article has been attached as part of Appendix C. [Id at pp. 312-15]. 20 A copy of this article has been attached as part of Appendix C. [Id at pp. 281?85]. 21 A copy of this article has been attached as part of Appendix C. [Id at pp. 346-48]. 22 A copy of this article has been attached as part of Appendix C. [Id at pp. 316-31]. 23 A copy of this article has been attached as part of Appendix C. [Id at pp. 366-71]. BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO GUTIERREZ-SOTO AND OSCAR EMILIO PAGE 15 2. The Mexican military is a leading perpetrator of violence against journalists throughout Mexico and has recently been officially immunized from sanctions for such attacks. The documented human rights abuses by the Mexican government are regularly committed by the Mexican military, whose members enjoy the utmost impunity. See, e. g, State Dept. Letter of February 2, 2018 are threatened by public and law enforcement of?cials, including the military?). For the past decade, Mexico has relied heavily on its military to ?ght drug-related violence and organized crime, leading to widespread human rights violations by military personnel, including killings, enforced disappearances, rape, torture, and other human rights abuses. See Christina Maza, Mexican Military, Backed by US. Anti~Drug Funds, is Raping and Killing and Getting Away With It, NEWSWEEK (Nov. 8, 2017) (reporting that military of?cials have been accused of torture, sexual violence, extrajudicial execution, and forced disappearances), available at Violations often go unpunished and a culture of impunity with a complete lack of transparency is prevalent as the Mexican military wages its war on drugs. Id; see also WOLA, Overlooking Justice/Human Rights Violations Committed by Mexican Soldiers Against Civilians Are Met With Impunity (Nov. 2017); Laurie Freeman, ?Troubling Pattems/The Mexican Military and the War on Drugs,? LATIN AMERICAN WORKING GROUP. Human rights abuses by soldiers are never prosecuted by the military, investigations of military crimes by civilian law enforcement agencies are rare, and prosecutions even rarer. As the Associated Press reported on November 7, 2017: 24 A cepy of this article has been attached as part of Appendix C. [App?x C, pp. 430-3 BRIEF 0F AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 16 The vast majority of human rights abuses allegedly committed by soldiers waging Mexico?s war on drug gangs go unsolved and unpunished deSpite reforms letting civilian authorities investigate and prosecute such crimes, a report said Tuesday. The Washington Of?ce on Latin America study, described as the ?rst comprehensive analysis of military abuse investigations handled by the Attorney General?s Of?ce, found there were just 16 convictions of soldiers in the civilian judicial system out of 505 criminal investigations from 2012 through 2016, a prosecutorial success rate of 3.2 percent. Moreover, there were only two ?chain of command responsibility? convictions for of?cers whose orders led to abuses, it said. The report said factors that hinder civilian investigations of the military include parallel civilian and military probes, limited access to troops? testimony and soldiers tampering with crime scenes or giving false testimony. Peter Orsi, Report: Rights abuses by Mexican military largely unpunishea?, SEATTLE TIMES, (Nov. 7, 2017), available at see also World Report 2017: Mexico, Human Rights Watch, Military Abuses and Impunity, available at (?Mexico has relied heavily on the military to ?ght drug- related violence and organized crime, leading to widespread human rights violations by military personnel.?) Human Rights Watch reported that of July, the CNDH [National Human Rights Commission] had received almost 10,000 complaints of abuse by the army since 2006?? including more than 2,000 during the current administration.? World Report 2017: Mexico, Human Rights Watch, Military Abuses and Impunity. Moreover, found in more than 100 cases that military personnel committed serious human rights violations.? Id; see also WOLA Research and Summary Reports, supra; Ted Lewis, Mexico?s Military in the of Ayotzinapa Storm, HUFFINGTON POST, 25 A mm of this article has been attached as part of Appendix C. [App?x C, pp. 385-91]. BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT or EMILIO AND OSCAR EMILIO PAGE 17 6190118.html.26 Rather than attempting to rein in the unbridled human rights abuses by the Mexican military, the Mexican government?s legislative branch did just the opposite. In late 2017, it vested the Mexican military with the general power of law enforcement and security in Mexico and granted it jurisdiction over the entire civilian population of the country.27 See WOLA, Mexico Congress Approves Law Empowering Military to Act as Police; WOLA, By Strengthening Military ?s Role in Fighting Crime, Mexico?s Proposed Security Law Will Worsen Human Rights Abuses and Harm Transparency. This statute, signed into law by Mexico?s President in December 2017, authorizes the military to intervene in ?public security matters in order to combat and eradicate national security risks to the country.? Mariana Sanchez Ramirez, Infographic: Mexico?s Internal Security Law, WOODROW WILSON CENTER, (Feb. 5, 2018), available at wilsoncenier. 28 Given the well?documented atrocities committed by the Mexican military, and the absolute impunity it enjoys, the abuses and attacks by its soldiers against journalists and human rights advocates is almost certain to increase in 2018. The naive suggestion that Gutierrez-Soto and his son could safely relocate to a different part of Mexico instead of their former home in Chihuahua is plainly untenable, as the Mexican military has nationwide intelligence capabilities and is well-informed through publicity channels of Mr. Guti?rrez?Soto?s prior criticism of the 26 A copy of this article has been attached as part of Appendix C. [Id at pp. 374-77]. 27 It is appropriate for this Board to take administrative notice of a changed legal regime or a signi?cant change in the law that occurred subsequent to the Immigration Judge?s ruling. In re: R-R-, 20 Dec. 547, 551 n.3 (BIA 1992) (internal citations omitted) Board may properly take administrative notice of changes in foreign governments?); see also In re: S-E-G-, 24 Dec. 579, 587 n.4 (BIA 2008) (taking administrative notice of the most recent State Department country report). 28 A copy of this article has been attached as part of Appendix C. [App?x C, pp. 307-11]. BRIEF 0F AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 18 military and his pending deportation to Mexico. See infra Part In addition, as the Kaye/Lanza Report shows, efforts to protect relocated journalists in Mexico have proven to be exceptionally ineffectual. [App?x C, pp. 253-67 at 11'? 36-3 3. There is a much greater threat to the respondent?s personal safety now than when they initially sought asylum. At the time they ?led their asylum petitions, the Guti?rrez-Sotos unquestionably faced a credible fear of persecution as a result of Emilio?s published news reports documenting abuses by the Mexican military. See, Lise Olsen, Reporting on Border Exacts Toll; Courageous Journalists Risk All for Readers, HOUSTON CHRONICLE, Nov. 23, 2008 (reporting on November 13, 2008 murder of El Diario?s crime reporter Armando Rodriguez, who was shot dead in a company car in front of his home as he prepared to drive his daughter to school). As the Houston Chronicle recognized, this constant threat against reporters caused many to abandon their jobs and ?ee their homes in order to seek safety. Id. (?In a disturbing story El Diario published last Sunday that was signed only ?Staff,? the newspaper reported that many other Juarez journalists have changed jobs, abandoned beats, or left their homes because of the violence?). The dire situation facing Emilio and Oscar Gutierrez?Soto in 2008 has greatly escalated since that time. See supra Part (explaining how recently enacted legislation has immunized the Mexican military for their human rights violations and atrocities). In addition to the dramatic worsening in conditions for Mexican journalists generally since 2008, the danger to Respondents? personal safety is also far worse now as a result of the international notoriety that Emilio?s case has achieved in the interim. Maj or newspapers, whose websites are available in Mexico, have editorialized in support of Emilio Guti?rrez?Soto?s BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO GUTIERREZ-SOTO AND OSCAR EMILIO PAGE 19 asylum petition, including The Washington Post, The Houston Chronicle, and The Denver Post.29 The Respondents have been the subject of literally hundreds of news reports and other postings on the internet, all readily available in Mexico, identifying Emilio Gutierrez-Soto as a courageous former journalist who published reports critical of the Mexican military?s actions, and who faced reprisals including a credible threat to his life, before ?eeing to the United States. See, Results from Google Search for Emilio Gutierrez-Soto, available at l==psy- ab..0.21.1 see also [App?x C, pp. 440-527] (compilation of press reports about the Respondents, including Democracy Now, CJR, New York Times, etc). Not only have multiple international journalism organizations lauded Emilio Gutierrez-Soto for his reporting in 20083], but he has, in 29 See Editorial, Plight of Mexican Journalist Is Why Trump Should Rethink Immigration Policy, HOUSTON CHRONICLE (Dec. 26, 2017), available at Editorial, America Can Support Democracy by Helping Mexican Journalists, DENV. POST (Feb. 16, 2018) available at journalists; see also Tatyana Monnay, Opinion, By Departing Emilio Gutierrez Soto, the US. Would G0 against the Pillars of Its Own Society, THE MANEATER (Feb. 23, 2018) available at 30 A copy of the search results has been attached as part of Appendix C. [App?x C, pp. 286-87]. 3 1 Among the press organizations who have expressed support for Emilio Gutierrez Soto are Reporters Without Borders, The National Press Club, the Society Of Professional Journalists, Canadian Journalists for Free Expression, Radio Television Digital News Organization, Military Reporters and Editors, Society of American Business Editors and Writers, National Association of Hispanic Journalists, National Association of Black Journalists, National Photographers Association, PEN America, Asian American Journalists Association, Writers Guild of America, BRIEF OF AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 20 more recent internationally-distributed press reports, publicly accused the Mexican government of having targeted him for reprisal. See, e. g. ,Will Weissert, Mexican Journalist Asks Judge for US Asylum, BOSTON GLOBE (Jan. 21, 2011) (quoting Mr. Gutierrez-Soto stating that ?we ?ed Mexico because the Mexican state was persecuting us?) (emphasis added), available at iournalist asks iudge for asylum];32 Philip Caputo, The Fall of Mexico, THE ATLANTIC, (Dec. 2009) (attributing this recitation of events to Emilio Gutierrez Soto), available at 2009/ 1 2/ the?fall-of-mexico/ 3 07760/ .3 3 Mr. Guti?rrez?Soto?s mistreatment by the Mexican military also was depicted in great detail in a bestselling book about the drug trade and Mexican government corruption, in which he is quoted. See Charles Bowden, MURDER CITY: CIUDAD UAREZ AND THE GLOBAL NEW KILLING FIELDS (2010) (available for purchase at ).34 In light of the extensive international press attention the ReSpondents have received, the fate they would suffer upon a forced return to Mexico could not be clearer. In short, the Respondents have a far more ?well-founded fear of persecution? on account of their protected status now than they did when they applied for asylum in 2008. East, The Alicia Patterson Foundation, Online News Organization, American Society of News Editors, Association of Alternative Newsmedia, Committee to Protect Journalists, and Reporters Committee for Freedom of the Press. 32 A copy of this article has been attached as part of Appendix C. [App?x C, pp. 349?50]. 33 A copy of this article has been attached as part of Appendix C. [1d at pp. 392-406]. 34 A copy of this website has been attached as part of Appendix C. [Id at pp. 374?84]. BRIEF 0F AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO GUTIERREZ-SOTO PAGE 21 C. To deny Mr. Gutierrez-Soto asylum would be an egregious break with this Nation?s long-standing commitment to provide refuge to journalists from foreign lands who are the targets of reprisal. Our Nation's profound commitment to freedom of the press, political speech and dissent has, for many years now, extended to those from foreign lands who come to our shores seeking refuge from physical danger abroad. People like Aleksandr Solzhenitsyn and Joseph Stalin?s daughter, both of whom authored works critical of their governments, were embraced and protected by our nation?s commitment to these foundational principles. During World War II, a group of exiles from France in New York City founded the publication rance-Ame?rique to raise awareness about Occupied France in the United States, and to support the Resistance movement led by Charles de Gaulle. More recently, the United States has granted asylum to Mexican journalists Jorge Luis Aguirre,35 Ricardo Chavez Aldana,36 Hector Salazar,37 Alejandro Hernandez Pacheco,38 and 35 Olga R. Rodriguez and Paul J. Weber, Threatened Mexican Journalist Receives Asylum, NBCNEWS.COM (Sept. 23, 2010), available at asylum/#quITZUzVDS. A copy of this article has been attached as part of Appendix C. [App?x C, pp. 407-08]. 36 Diana Washington Valdez, Juarez Journalist Fleeing Violence Granted Asylum, EL PASO TIMES (Oct. 5, 2015), available at 734223 72/ . A copy of this article has been attached as part of Appendix C. [App?x C, pp. 413-14]. 37 Laressa Washington, Mexican Journalist Granted Political Asylum in Denver, Denver Post (Sept. 29, 2011) available at post/201 10929/282690453934775. A copy of this article has been attached as part of Appendix C. [App?x C, pp. 415?16]. 38 Astri Agopian, Project Exile: A?er Cartel Kidnapping, Mexican Cameraman led to US, GLOBAL JOURNALIST, (Feb. 9, 2018), available at A copy of this article has been attached as part of Appendix C. [App?x C, pp. 417-29]. BRIEF or AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 22 Mexican author Dolores Dorantes39 because they, too, had well-founded fears of persecution as a result of their publications critical of the Mexican government. Since the enactment of Immigration and Nationality Act of 1965 the United States has offered asylum to refugees who face imminent danger for exercising their freedom of speech by expressing political beliefs. INA More recently, the Refugee Act of 1980 authorizes the Secretary of Homeland Security or the Attorney General to grant asylum to: any person who is outside any country of such person?s nationality . . . who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well?founded fear of persecution on account of . . . membership in a particular social group, [or] political opinion. INA 208(b)(1); INA 101(a)(42) (emphasis added). United States courts have a rich history of providing asylum to journalists like Mr. Gutierrez-Soto. In Hayraptenyan v. Mukasey, the Tenth Circuit overturned this Board?s decision and found that the petitioner, a reporter for a local newspaper, proved prior persecution by demonstrating that she faced retaliation after she published reports critical of the Armenian government. 534 F.3d 1330, 1333 (10th Cir. 2008). The reporter-petitioner had suffered assault from police of?cers and received many threats to her family over the phone. Id. at 1333-34. Similarly, in Hasan v. Ashcro??, the petitioner, a news reporter in Bangladesh, suffered threats and assault after being critical of a local government chairman. 380 F.3d 1114, 1117 (9th Cir. 2004). After she wrote a second article bringing attention to the chairman?s corruption, her apartment was burned down, and posters depicting her likeness along with calls to have her 39 Harriet Staff, Dolores Doram?es Granted Asylum, Impacts L.A., POETRY FOUNDATION (June 24, 2015), available at A copy of the article has been attached as part of Appendix C. [App?x C, pp. 278-80]. BRIEF OF AMICI CURIAE OURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 23 punished and arrested were posted throughout the area. Id. at 1118. Remanding the case to this Board, the Ninth Circuit held that the reporter's articles were ?a political statement? and that the retaliation she faced was persecution because it stemmed from her reporting on government corruption. Id. at 1123. In Hussain v. INS, No. 98-70454, 2000 U.S. App. LEXIS 25987 (9th Cir. Oct. 12, 2000), the Ninth Circuit reversed and remanded this Board?s denial of asylum sought by an Indian newspaper editor. After his paper ran stories about a leader of the political party known as the Mohajir Quami Movement, an opposing party, the Punjabi Pakhpoon Intihad attacked his of?ce, held him by his hair, stuck him, and threatened to kill him. Id. The Ninth Circuit stated that oumalism is work that overtly manifests a political opinion.? Id. at *6 (citing United States v. Koren, 59 F.3d 431, 439 (3d Cir. 1995); United States v. Sokolov, 814 F.2d 864 (2d Cir. 1987)). The United States Court of Appeals for the Second Circuit also found credible a former Haitian news reporter?s testimony that ?he was attacked in December 1998 after reporting on an opposition party press conference, and that Lavalas members continued to threaten him because he worked for a radio station . . . perceived to be af?liated with the opposition.? Baptiste v. U.S. Citizenship Immigration Servs., 186 Fed. App?x 50, 52 (2d Cir. 2006). The assertion, argued by the government below, that Baptiste?s asylum claim was not credible because he was not among ?the most prominent journalists? in Haiti was rejected as irrelevant; the Second Circuit found credible Baptiste?s claim ?that he was attacked for making particular anti-government broadcasts.? Id. In short, denying Emilio Gutierrez?Soto and his son asylum, notwithstanding the certain fate they would suffer upon their return to Mexico, would be an egregious break in this long- standing record of the United States protecting foreigners, including journalists, who speak truth BRIEF 0F AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 24 to power, notwithstanding the real dangers they faced by doing so. Such a dramatic departure from our nation?s prior policy would send a loud clear signal to repressive and authoritarian regimes across the globe that journalists and political dissidents are fair game. IV. CONCLUSION Mr. Gutierrez-Soto and his son will almost certainly face physical danger if this Board af?rms his removal as ordered by the Immigration Judge. This Board should not disregard the overwhelming evidence that Mr. Gutierrez-Soto was a full-time professional journalist who reported on corrupt actions and human rights abuses by the Mexican military. Nor should it disregard the evidence establishing the Guti?rrez?Sotos? well-founded fear of persecution, particularly in light of the changed country conditions in Mexico, as con?rmed by the State Department, and the recent change in law that immunizes the Mexican military from accountability for its brutal attacks on journalists. If the United States were to deny these Respondents? asylum petitions, our Nation would be turning its back on its longstanding commitment to provide safe re?ige to courageous journalists, like Mr. Gutierrez-Soto, who stand?up to oppressive governments. The public interest of the United States requires that the Board grant asylum to the Guti?rrez?Sotos. BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 25 Dated: March 19, 2018 Respectfully submitted, Mam. Flores (EOIR ID WW847590) Littler Mendelson, RC. 2001 Ross Avenue Suite 1500, Lock Box 116 Dallas, TX 75201-2931 Phone: 214.880.8100 Fax: 214.880.0181 Charles D. Tobin Ballard Spahr, LLP 1900 Street, NW 12th Floor Washington, DC 20006-1157 Phone: 202.661.2218 Fax: 202.661.2299 tobinc@ballardspahr.com Steven D. Zansberg Ballard Spahr, LLP 1225 17th Street, Suite 2300 Denver, CO 80202?5596 Phone: 303.292.2400 Fax: 303.296.3956 zansbergs@ballardspahr.com Counsel for amici curiae BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO AND OSCAR EMILIO PAGE 26 Emilio Gutierrez-Soto A077 491 780 Oscar Emilio Guti?rrez-Soto A094 954 970 PROOF OF SERVICE On March 19, 2018, I, Mark A. Flores, mailed a copy of this Request of Journalist Organizations to Appear as Amici Curiae and Brief of Amici Curiae Journalist Organizations in Support of Emilio Gutierrez-Soto and Oscar Emilio Gutierrez?Soto and any attached pages by certi?ed mail, return-receipt requested to the following: Eduardo Beckett Beckett Law Firm, PC. P.O. Box971067 El Paso, Texas 79997 Counsel for Emilio Guti?rrez?Soto and Oscar Emilio Guti?rrez?Soto Of?ce of Chief Counsel 11541 Montana Avenue, Suite 0 El Paso, TX 79936 3M 18 AMICI CURIAE DATE BRIEF OF AMICI CURIAE JOURNALIST ORGANIZATIONS IN SUPPORT OF EMILIO GUTIERREZ-SOTO AND OSCAR EMILIO PAGE 27