The proposed social group of people who might testify against certain criminal organizations is, unlike in some other countries, not independently socially recognizable and distinct.
As the IJ referred to the irregular evidence offered in support of the argument suggesting future torture, the exhibit was admitted by judicial notice, and the Board needed to account for its claims in their decision.
DISSENT:
The irregular evidence isn't in the appellate record, so the Board can't account for it on remand, and the evidence itself is mixed as to the claim.