Immigration Law

CA7 on Honduras, CAT - Perez v. Sessions (May 2, 2018)

Perez v. Sessions (May 2, 2018) - "Perez argues that the immigration service erred by failing to make factual findings about whether he would have been tortured had he not narrowly escaped the gang’s violent recruitment efforts years earlier and that the Board improperly did not consider whether, if removed to Honduras, he could live safely and openly there as an unwilling recruit of this gang. We conclude that the Board erred by truncating the crucial factual inquiry about Perez’s risk of torture if he is returned to Honduras and by asking the wrong question with respect to internal relocation. We therefore grant the petition for review and remand to the Board for further proceedings."

[Hats off to Kirland & Ellis pro bono counsel, Sopan Joshi, Jay Lefkowitz and Erin Murphy!]