What is the test for acquiescence in a criminal case?
MultiRegion, United States of America
The following excerpt is from Lemus v. Barr, 17-735 (L), 18-12 (Con) NAC (2nd Cir. 2019):
alleged perpetrators or reported that they were Mara 18 gang members. Without that information, that the police told Lemus that there was nothing they could do fails to establish acquiescence. See Garcia-Milian v. Holder, 755 F.3d 1026, 1034 (9th Cir. 2014) ("Evidence that the police were aware of a particular crime, but failed to bring the perpetrators to justice, is not in itself sufficient to establish acquiescence in the crime.").
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