Here is the Memo; here is the Order. NOTE: Earlier today, Thursday, Feb. 6, 2025, Senior U.S. District Judge John C. Coughenour GRANTED a Preliminary Injunction in WA v. Trump. I will post his Memo and...
PM 25-18 - CANCELLATION OF DIRECTOR’S MEMORANDUM 22-06 AND REINSTATEMENT OF POLICY MEMORANDUM 20-05 PM 25-19 - EOIR’S ANTI-FRAUD PROGRAM
Funez-Ortiz v. McHenry "For nearly ten years, a Honduran gang conducted a campaign of terror and violence in Honduras against Petitioner Melvin Funez-Ortiz and his family. The gang murdered several...
PM 25-16 - CANCELLATION OF DIRECTOR’S MEMORANDUM 23-04 PM 25-17 - CANCELLATION OF DIRECTOR’S MEMORANDUM 22-05 AND REINSTATEMENT OF POLICY MEMORANDA 19-05, 21-06, AND 21-13
PM 25-13 - OCAHO PM 25-14 - CANCELLATION OF DIRECTOR’S MEMORANDUM 23-03 AND REINSTATEMENT OF POLICY MEMORANDUM 20-03 PM 25-15 - OFFICE OF LEGAL ACCESS PROGRAMS
Matter of J-G-R-
(1) Torturous conduct committed by a public official who is “acting in an official capacity,” meaning acting under color of law, is covered by the regulations implementing the Convention Against Torture, but such conduct by an official who is not acting in an official capacity is not covered. Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020), followed.
(2) The key consideration in determining if an official’s torturous conduct was undertaken “in an official capacity” for purposes of CAT eligibility is whether the official was able to engage in the conduct because of his or her government position, or whether the official could have done so without connection to the government.
"We will remand the record to the Immigration Judge to determine if the respondent is credible, consistent with the First Circuit’s remand order [Reyes v. Garland, 37 F.4th 1 (1st Cir. 2022)]."
[Hats off to Ethan Horowitz!]