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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...

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...

Unpub. BIA Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization

Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: " Attached is a holiday surprise from the BIA that might be of interest to others. - Reversing IJ on the one yr. asylum bar finding extraordinary circumstances due to PTSD (entry 1984-filed 2008)...

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...

Report: Tortured and Detained

"Detention is a daunting experience for anyone but particularly egregious for survivors of torture. For survivors, given the long-term impacts of torture and trauma, the fact of being detained at all is often retraumatizing. Further, particular elements inherent in the detention experience —...

Credible Fear Lesson Plan 'Undermines the Asylum Process' - Bill Ong Hing

"On February 28, 2014, you released a revised version of the " ADOTC Lesson Plan, Credible Fear of Persecution and Torture Determinations " to USCIS Asylum Office Directors and Asylum Officers throughout the country. I have reviewed the 47-page Lesson Plan and am deeply troubled by its...

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...

Former Salvadoran Defense Minister Ordered Deported for Responsibility for Torture, Extrajudicial Killings: Matter of Vides Casanova

Official Headnote: "The respondent is removable under section 237(a)(4)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(4)(D) (2012), where the totality of the record supported the conclusion that, through his “command responsibility” in his role as Director of the...

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...

9th Circuit Decision an 'Important Step' for Mexican Torture Victims

"A federal appeals court on Friday overturned decisions that put the burden of proof on foreigners who claim they were tortured in their home countries to show they cannot safely return to another part of the country they fled. The 9th U.S. Circuit Court of Appeals said it is neither the responsibility...

ICE Removes (Deports) Vides Casanova, Former Salvadoran Defense Minister

"A former minister of defense of El Salvador was removed from the United States by officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) Wednesday, after the Board of Immigration Appeals (BIA) dismissed his appeal and upheld an immigration judge's...

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,...

Social Worker at ICE Prison for Refugee Moms, Kids Speaks Out - "What is Happening There is Tantamount to Torture"

Franco Ordoñez, McClatchyDC, July 27, 2015 - "Oliva López thought she’d be working with migrant mothers and children in a group-home setting when hired as a social worker at a Texas family detention center. But when she arrived at the concrete facility and the doors were unlocked...