Immigration Law

Unpub. BIA Nicaraguan CAT Victory (Dec. 1, 2017)

"The applicant, a native and citizen of Nicaragua, appeals from an Immigration Judge's decision, dated June 8, 2017, denying his application for deferral of removal under the Convention Against Torture (Convention), 8 C.F.R. § 1208.17. The Department of Homeland Security (DHS) has not responded to the appeal. The appeal will be sustained, the applicant will be granted deferral under the Convention, and the record will be remanded for any necessary background checks. ... These recent killings, together with the applicant's past torture, and his father's credible testimony that Contras and their family members are not safe in Nicaragua, and in light of the lack of any opposition by DHS, leads us to the conclusion that the applicant has met his burden of proof...For the reasons stated above, the applicant has demonstrated eligibility for deferral of removal under the Convention Against Torture." - Matter of X-, Dec. 1, 2017.

[Hats off to Brian K. Bates!]