Not a Lexis+ subscriber? Try it out for free.

Immigration Law

CA9 on CAT, Honduras: Alvarado-Herrera v. Garland

Alvarado-Herrera v. Garland

"Israel Alvarado-Herrera, a native and citizen of Honduras, reentered the United States illegally in 2017. The Department of Homeland Security (DHS) ordered him removed to Honduras after reinstating an earlier removal order that had been entered against him in 2013. Because Alvarado-Herrera expressed a fear of returning to Honduras, an asylum officer conducted a screening interview to determine whether he reasonably feared persecution or torture in his home country. The asylum officer determined that he did not have a reasonable fear of such harm, and an immigration judge affirmed that determination. Alvarado-Herrera petitions for review of the immigration judge’s decision on several grounds, all of which we reject with one exception: We agree with Alvarado-Herrera that the immigration judge’s finding that he lacks a reasonable fear of torture is not supported by substantial evidence."

[Hats off to Stacy Tolchin!]