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Immigration Law

CA9 on Jurisdiction ("A Trap for the Unwary") - Martinez v. Sessions

Martinez v. Sessions, July 20, 2017 - "In this case, a removed alien challenges a reinstated removal order by claiming that he has a reasonable fear of being persecuted in his home country of El Salvador. An asylum officer interviewed the alien and issued a negative reasonable fear determination, and an immigration judge concurred with that finding. The alien then appealed to the Board of Immigration Appeals, which relied on a purported lack of jurisdiction to dismiss the appeal. Petitioner argues that the evidence before the asylum officer, when properly considered, establishes a reasonable fear of torture. We remand for further consideration."

[Hats off to pro bono counsel Nisha Patel (argued), Shawn P. Johnson, and Jeffrey T. Fisher, Dechert LLP!]