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CA1 on CAT Deferral: Morgan v. Garland

November 05, 2024 (1 min read)

Morgan v. Garland

"We conclude that the agency's serious-nonpolitical-crime finding is supported by substantial evidence, and accordingly sustain its determination that Morgan is ineligible for asylum, Statutory Withholding, and CAT Withholding. But the agency’s likelihood-of-future-torture finding, which forms the basis of its determination that Morgan is ineligible for CAT Deferral, rests on an erroneously narrow legal definition of torture. We accordingly grant Morgan's petition insofar as it pertains to the CAT Deferral determination, and remand to the BIA to make a likelihood-of-future-torture determination that accounts for the proper definition."

[Hats off to SangYeob Kim and Gilles Bissonnette!  Audio of the oral argument is here.]

  

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