The U.S. has recently granted asylum to Mexican journalist Emilio Gutiérrez Soto, concluding a protracted 15-year legal battle. Gutiérrez Soto was compelled to flee Mexico in 2008 following his critical reporting on the Mexican military, which attracted negative attention from the country’s authorities. Ever since, Gutiérrez Soto has been tirelessly fighting for secure asylum status in the U.S. His son, Oscar Gutiérrez Soto, has likewise been deemed eligible for asylum.
Appellate Immigration Judge O’Connor ruled in favor of the Gutiérrez Sotos in an appeal made against a lower court decision that denied their applications for asylum and withholding under the Immigration and Nationality Act. In their appeal, the Gutiérrez Sotos also sought protection under the regulations implementing the Convention Against Torture.
During the case proceedings, both Emilio and Oscar Gutiérrez Soto provided substantial documents that shed light on the ambiguous nature of whether or not they had reported threats from the military and the reactions of the authorities. Immigration Judge O’Connor commented on this evidence, stating that the lower court’s adverse credibility determination could not be affirmed given the evidence, and it was therefore reversed as “clearly erroneous.” This decision leaned on the principle established in Wang v. Holder.
The Board of Immigration Appeal additionally acknowledged the broad journalistic work of Emilio Gutiérrez Soto in Mexico before his escape to the U.S., focused primarily on the corruption of the Mexican military. According to the National Press Club, who joined Gutiérrez Soto’s fight for asylum status six years ago, the journalist fled Ascensión, Chihuahua, Mexico, upon receiving information that his investigative reporting made him a marked man. Gutiérrez Soto has also received numerous awards for his vocal criticism of the Mexican government and military. Despite his achievements and credible threats, U.S. immigration authorities attempted to deport him in 2017. After interventions from several free press organizations and the Rutgers University Law School International Human Rights Clinic, Gutiérrez Soto was released.
The grant of asylum to Emilio Gutiérrez Soto comes amidst rising violence against journalists in Mexico. An April 2022 report by Article 19, an international human rights organization, described Mexico as the most dangerous country for journalists outside of active war zones. This year alone, at least seven journalists have been murdered, following 15 media-related murders last year.