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Unpub. CA5 on Honduras, CAT, State Involvement: Guity Casildo v. Garland

July 01, 2021 (1 min read)

Guity Casildo v. Garland (unpub.)

"[T]he BIA has not addressed the question of the applicability of the color-of-law rule regarding state involvement in torture. ... The parties agree that a remand is the best alternative where the BIA has made an unauthorized or inadequately supported factual finding on the likelihood of torture, thereby leaving unresolved whether the IJ failed to apply the rule-of-law theory of state involvement in torture. Accordingly, we conclude that the prudent course is to remand the case to the BIA. ... We further order the BIA to remand the case to the IJ for a clear factual finding on the likelihood of torture and for the IJ’s clarification, if necessary, on the question of state involvement in light of the color-of-law rule. ... PETITION GRANTED; VACATED AND REMANDED WITH INSTRUCTIONS TO REMAND."

[Hats off to Matthew Nickson!]