Aleman-Belloso v. Garland "Jose Ernesto Aleman-Belloso (“Aleman”), a native and citizen of El Salvador, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) adopting and affirming an Immigration Judge’s...
Matter of H-C-R-C- (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony is credible. (2) Rape is sufficiently severe to constitute...
Stephen Yale-Loehr, Evangeline Charles, Isaac Belenkiy report: "IES is a 41-year-old man from Mexico who first came to the U.S. when he was 18 years old. As a youth, IES joined a gang. He was arrested in 2005 for possessing a small quantity of drugs and...
Herrow v. Atty. Gen. "[W]e conclude that the BIA, in deciding his CAT claim, failed to consider evidence favorable to Herrow. For that reason, we will remand his petition as it applies to that claim. ... Herrow claims that the BIA and IJ erred in denying...
Pineda-Maldonado v. Garland "Ricardo Jose Pineda-Maldonado ("Pineda-Maldonado") is a native and citizen of El Salvador. He petitions for review of the decision by the Board of Immigration Appeals ("BIA") that denied his application for...
On July 10, 2023, a Fifth Circuit panel dismissed Mr. Argueta-Hernandez' petition for review for lack of jurisdiction, 73 F.4th 300. On Dec. 5, 2023 the panel (Higginbotham, Graves, and Douglas) granted rehearing, granted the petition, vacated and remanded...
Llanes-Quintero v. Atty. Gen. (unpub.) "On Petition for Review of a Final Order of the Board of Immigration Appeals. (Agency No. A209-343-065). Immigration Judge: David Cheng. ... As for Quinteros's Convention Against Torture claim, our precedent requires...
Murillo Morocho v. Garland "Petitioner Darwin Murillo Morocho seeks review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for deferral of removal to Ecuador under the Convention Against Torture ...
The Hon. Paul Wickham Schmidt, former Chair of the BIA , filed this dissent to Matter of J-G-R- , 23 I &N Dec. 733 (BIA 2023).
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...
Arostegui-Maldonado v. Garland "Petitioner Dennis Humberto Arostegui-Maldonado, a citizen of Costa Rica and El Salvador, was removed from the United States in 2008. In 2021, he reentered. The Department of Homeland Security (“DHS”) reinstated...
G.P. v. Garland "Petitioner G.P. seeks review of the Board of Immigration Appeals' ("BIA") decision affirming the denial of his application for protection under the Convention Against Torture ("CAT"). We first address our jurisdiction...
Santos Garcia v. Garland "Petitioner Christian Alberto Santos Garcia, a native and citizen of El Salvador, has twice travelled unlawfully into the United States — first in 2012, and again in 2016. In both instances, Garcia fled threats to his life...
On remand from Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020) , Denver IJ Kerri Calcador granted DCAT on Jan. 26, 2023 . ICE did not appeal. Hats way off to Laura Lunn !
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...