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CA1 on CAT: Akinsaya v. Garland

January 11, 2025 (1 min read)

Akinsaya v. Garland

"Rasheed Akinsanya is a Nigerian citizen. He has brought a petition for review challenging the administrative denial of his application for deferral of removal pursuant to the regulations implementing the Convention Against Torture ("CAT"). Akinsanya contends that if he were to return to Nigeria, he would be tortured by a terrorist organization called Boko Haram. The Board of Immigration Appeals ("BIA") affirmed the conclusions of the Immigration Judge ("IJ") that Akinsanya could not obtain deferral of removal under the CAT because he failed to demonstrate that Nigerian officials would acquiesce to his potential torture. In evaluating Akinsanya's claim, the BIA did not correctly apply the appropriate legal test for acquiescence. We therefore grant the petition and remand for further proceedings."

[Hats way off to Benjamin Osorio, Alaina Taylor, SangYeob Kim, Gilles Bissonnette and Chelsea Eddy!  Listen to the oral argument here.]