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CA1 CAT Remand: Hernandez-Martinez v. Garland (Guatemala)

February 06, 2023 (1 min read)

Hernandez-Martinez v. Garland

"To summarize, we hold that the harm inflicted in the past on Hernandez-Martinez clearly satisfied the severity element of torture as defined for purposes of adjudicating a claim for relief under the CAT. We leave it to the BIA or the IJ to determine on remand in the first instance whether Hernandez-Martinez's experience otherwise met the definition of past torture (e.g., whether it was committed by or with the acquiescence of government officials), and if so, whether Hernandez-Martinez has otherwise satisfied the requirements for protection under the CAT."

[Hats off to Randy Olen!]