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Giron v. Garland "The agency did not adequately explain its denial of CAT relief. See Poradisova v. Gonzales, 420 F.3d 70, 77 (2d Cir. 2005) (“[W]e require a certain minimum level of analysis from the IJ and BIA opinions denying asylum, and...

Velasquez-Samayoa v. Garland "Miguel Angel Velasquez-Samayoa seeks protection under the Convention Against Torture (“CAT”). Velasquez-Samayoa asserts that, if he were removed to his native country of El Salvador, he would be identified...

Ali v. Garland "[W]e deny Ali's petition for review of the BIA's ruling insofar as the petition challenges the BIA's affirmance of the IJ's denial of Ali's al-Shabaab-related ground for obtaining CAT-based deferral of removal...

Thraiyappah v. Garland "Balasuntharam Thraiyappah petitions for review of the Board of Immigration Appeals’ (BIA) decision dismissing an appeal of the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and protection...

Jathursan v. Atty. Gen. "Pathmanathan Jathursan, a native and citizen of Sri Lanka, seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his application for asylum...

Arulnanthy v. Garland "The collateral consequences of the BIA’s order ensure that Arulnanthy’s petition for review remains justiciable despite his removal to Sri Lanka. Substantial evidence supports the finding that Arulnanthy was not...

Lopez Troche v. Garland "Mario Rene Lopez Troche ("Lopez Troche"), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals ("BIA") that affirms the denial of his application for...

Abushagif v. Garland "Abushagif contends that the BIA abused its discretion by entirely failing to address his CAT claim. On that point, he is correct. A CAT “claim is separate from . . . claims for asylum and withholding of removal and should...

Etemadi v. Garland "Kami Etemadi, a citizen and native of Iran, came to the United States in 1996 and made a life in Los Angeles. After being introduced to an Iranian American church, he converted to Christianity and was baptized in 1999. The government...

Prof. Geoffrey A. Hoffman, Sept. 3, 2021 "This week a panel of the Fifth Circuit issued Tabora Gutierrez v. Garland , interpreting the Convention Against Torture’s (CAT’s) state action requirement so restrictively that it led the dissenting...

Torrez de Lopez v. Garland "Maria Torres de Lopez, a native and citizen of Mexico, appeals the denial of her application for deferral of removal under the United Nations Convention Against Torture (CAT). Exercising jurisdiction under 8 U.S.C. §...

Alvarado-Herrera v. Garland "Israel Alvarado-Herrera, a native and citizen of Honduras, reentered the United States illegally in 2017. The Department of Homeland Security (DHS) ordered him removed to Honduras after reinstating an earlier removal...

Macedo Templos v. Wilkinson "[W]e grant his petition for additional review of his application for CAT relief. We remand with instructions for the Board to consider whether the attack by the judicial police officers qualifies as torture and whether...

Aguasvivas v. Pompeo "The Dominican Republic requests Cristian Starling Aguasvivas for extradition. After a federal magistrate judge certified Aguasvivas as eligible for extradition, Aguasvivas filed a habeas corpus petition in the District of...

Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 "On June 15, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively “the Departments”) published...