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Immigration Law

CA4 on Future Threat Presumption: Ortez-Cruz v. Barr

Ortez-Cruz v. Barr

"We conclude that the Board erred in finding that the government rebutted the future-threat presumption. It was the government’s burden to prove either condition that rebuts the presumption, and the record doesn’t support a finding that it did so. Accordingly, we vacate the Board’s denial of withholding of removal and remand with instructions that the agency grant relief on that claim."

[Hats off to Jeremy McKinney!]