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Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group

"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances have no bearing on petitioner's veracity should...

Third Circuit on CAT, acquiescence, Colombia: Pieschacon-Villegas

"The BIA decision does not show that the Board considered 'all evidence relevant to the possibility of future torture.' ... The BIA did not explicitly deem clearly erroneous the IJ's finding of credibility regarding Pieschacon-Villegas's testimony that his cooperation with the FBI...

Dallas IJ Deferral Victory: Mexico, Cartels, Torture, Govt. Acquiescence, Internal Relocation

"The Court will find that the Respondent could not avoid torture by relocating within Mexico based on the likelihood that the police or military law enforcement officials would disclose his whereabouts to cartel members. ... The Court finds that he is credible and has established that he would more...

CA9 on CAT, Nigeria, collateral estoppel: Oyeniran v. Holder

"Petitioner Daniel O. Oyeniran (“Oyeniran”), a citizen of Nigeria, seeks review of decisions by the Board of Immigration Appeals (“BIA”) to deny him protection under the Convention Against Torture (“CAT”) and to deny his motion to reopen the case to consider new...

Unpub. (Pro Se) BIA CAT Victory: Gay Men Subject to Torture in Jamaica; Bromfield Cited

Matter of X-, June 7, 2012, unpub . - "As urged by the applicant on appeal, the evidence in the record indicates that the situation in Jamaica involves more than isolated instances of discrimination or harassment based on homophobic societal attitudes in Jamaica. Specifically, we consider that the...

CA3 on CAT, Jamaica: Roye v. Atty. Gen.

"Roye asserts that he is entitled to deferral of removal under the United Nations Convention Against Torture (“CAT”) because, if removed to his home country, he will likely be imprisoned and, with the consent or acquiescence of the Jamaican government, be subjected to torture by other...

CA7 on Jurisdiction, CAT, Kenya: Wanjiru v. Holder

"Since there is a split in the circuits on this point ... we think it prudent to explain further why § 1252(a)(2)(C) does not bar judicial review of a request for deferral of removal. ... Here both the documentary evidence and Wanjiru’s testimony (which, to repeat, the IJ found credible...

Unpub. BIA CAT Remand: Mexico; Zetas; Whistleblower

"[T]he applicant also testified that he was beaten by police officers because his friend's mother reported the incident with the Zeta Cartel to the police (11. at 4' Tr. at 63-65). The Immigration Judge did not assess whether the applicant's alleged harm by the police constitutes a valid...

CA10 on Nepal; Asylum, Withholding, CAT: Raj Karki v. Holder

"The agency’s decision to deny Petitioner’s claims for asylum and restriction on removal cannot be upheld on any of the grounds given by the BIA. ... The record as a whole simply does not support the BIA’s conclusion that Petitioner failed to show that public officials in Nepal...

San Diego IJ CAT Victory: Mexico, Mental Illnesses

Hats off to Cleveland attorney Anna Markovich , who represented the respondent pro bono at the BIA and as amicus curiae on remand. - "Upon a thorough evaluation of all the evidence and after very careful consideration of the BIA remand Order, the Court concludes that the respondent has met his burden...

Unpub. BIA CAT / Mental Competency Remand (Ethiopia/Eritrea)

Stephen Yale-Loehr writes: "Our Cornell immigration appeals clinic just won an unpublished remand from the BIA in an interesting Ethiopian/Eritrean CAT case. The case largely concerned Matter of M-A-M- mental competency issues. The BIA also ordered the IJ to conduct additional fact-finding on remand...

CA9 on Social Group, CAT: Cordoba v. Holder; Medina Gonzalez v. Holder

Court staff summary: "The panel granted the petitions for review of Edgar Rene Cordoba and Antonio Medina-Gonzalez from the Board of Immigration Appeals’ decisions denying asylum and withholding of removal on the grounds that their status as landowners did not qualify as a particular social...

Somali CAT Victory in Arlington Immigration Court

Hassan Ahmad writes: "We would like to share a CAT victory won for a Somali national . Judge Harris of the Arlington, VA Immigration Court agreed with our argument that a young, Americanized male of Somali origin would be subjected to torture within the meaning of the Convention either at the hands...

CA5 on CAT, El Salvador: Garcia v. Holder

"The IJ and BIA denied CAT protection because Garcia admitted that he could not be sure whether the extortionists were actually police officers, or whether they were criminals impersonating police officers, and because Garcia did not report the incidents to the police. However, government acquiescence...

CA9 to Hear En Banc CAT Claim/Internal Relocation Burden of Proof Issue

"The U.S. Court of Appeals for the Ninth Circuit ordered that Maldonado v. Holder be heard en banc. The case was submitted on the briefs in December 2013, then the panel, without issuing a decision, issued this order in April: "Pursuant to General Order 5.4(c)(3), the parties are directed...

Where in the World is Cruz Alberto Garcia?

On July 1, 2014, the U.S. Court of Appeals for the Fifth Circuit published an important opinion regarding CAT (Convention Against Torture,) Garcia v. Holder, No. 13-60381. I went to PACER and discovered that the petitioner was pro se! PACER also indicated that Garcia had been locked up at the South...

CA9 on CAT, Vietnam: Nguyen v. Holder

"Vinh Tan Nguyen (“Nguyen”), a native and citizen of Vietnam, petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an order of removal entered by an Immigration Judge (“IJ”). Nguyen argues, inter alia, that the BIA...

BIA on Termination of CAT Deferral: Matter of C-C-I-

(1) Reopening of removal proceedings for a de novo hearing to consider termination of an alien’s deferral of removal pursuant to 8 C.F.R. § 1208.17(d)(1) (2014), is warranted where the Government presents evidence that was not considered at the previous hearing if it is relevant to the possibility...

Unpub. BIA CAT Remand Victory; Mexico; Mental Illness; Gang Membership

"We agree with the respondent that the Immigration Judge's analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. ... The Immigration Judge also did not consider the report's...

Unpub. BIA CAT Victory: Mexico; Imputed Gang Affiliation

"[T]he respondent has presented evidence, undisputed by the DHS, that the Federal Government and at least one local government in the United States have identified him as a member of the Norteño gang and have done so in the presence of rival gang members. ... Unrebutted evidence presented...

CA9 on CAT, Internal Relocation: Maldonado v. Holder (En Banc)

Court Staff Summary: "The en banc court overruled Hasan v. Ashcroft, 380 F.3d 1114 (9th Cir. 2004), Lemus-Galvan v. Mukasey, 518 F.3d 1081 (9th Cir. 2008), Singh v. Gonzales, 439 F.3d 1100 (9th Cir. 2006), and Perez-Ramirez v. Holder, 648 F.3d 953 (9th Cir. 2011), to the extent they conflict...

Kinship as Particular Social Group: Guatemalan CAT/Withholding Victory at Berks Immigration Court

"The pernicious problem of gender-based violence in Guatemala is a complex phenomenon. But at its core lies the inescapable fact that women in Guatemala are generally viewed as subservient to men and according to the police, unworthy of its protections. Women within the domestic environment suffer...

Cornell Immigration Clinic Wins Interesting CAT Case

"From 2007 to 2010, Naskovets was an identity thief — the voice on the phone that explained questionable purchases to banks and gave final approval for fraudulent wire transfers. He didn’t convince every agent; about a third of the time, the scam didn’t work, he says. Hang up,...