Not a Lexis+ subscriber? Try it out for free.

Immigration Law

CA11 on 'Reasoned Consideration' of Evidence: Gaksakuman v. U.S. Attorney General

"Gaksakuman argues that the Board erred when it denied his application for asylum, withholding of removal, and relief under the Convention based on his membership in the social group of “failed asylum seekers.” The Immigration Clinic of the University of Miami School of Law, as amicus curiae, argues too that the Board failed to give Gaksakuman’s application reasoned consideration. ... 

We agree with Gaksakuman and the persuasive brief of the amicus curiae that the Board failed to give “reasoned consideration” to Gaksakuman’s application. ...

We vacate the 2013 order. The Board failed to give “reasoned consideration” to Gaksakuman’s application. We remand for further proceedings because we are “unable to review” the evidence in the first instance to determine whether Gaksakuman is likely to suffer torture if he returns to Sri Lanka as a failed asylum seeker." - Gaksakuman v. U.S. Attorney General, Sept. 18, 2014.

See also the stay of removal grant order.

Hats off to the Immigration Clinic of the University of Miami School of Law!