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Amnesty Int: Ivory Coast torturing detainees

ABIDJAN Ivory Coast (AP) - Ivory Coast security officials are torturing dozens of detainees by administering electric shocks and other forms of abuse, Amnesty International alleged Friday. The victims include people charged with endangering state security in the wake of a recent spate of attacks...

Radical cleric Abu Qatada wins deportation appeal

LONDON (AP) - A radical Islamist cleric described by prosecutors as a key al-Qaida operative in Europe cannot be deported from Britain to Jordan to face terrorism charges, judges ruled Monday in the latest twist in a protracted legal saga. Britain's government has been Full version (available...

Jamaica to abolish slavery-era flogging law

KINGSTON Jamaica (AP) - Jamaica is preparing to abolish a slavery-era law allowing flogging and whipping as means of punishing prisoners, the Caribbean country's justice ministry said Thursday. The ministry said the punishment hasn't been ordered by a court since Full version (available...

Egypt arresting kid protesters, rights groups says

CAIRO (AP) - Egyptian authorities arrested more than 300 children during protests in Cairo over the past year, beating and torturing some and trying many as adults, a leading international rights group said Tuesday. Human Rights Watch said in a report that the arrests and treatment of detained children...

US judge: Somali colonel responsible for torture

COLUMBUS Ohio (AP) - A former military colonel with a Somali security force dubbed the "Gestapo of Somalia" by its critics was responsible for the torture of a human rights advocate in the 1980s, a federal judge ruled Tuesday in a decision that opens the door for a hearing on Full version...

UN criticizes Russia over torture allegations

UNITED NATIONS (AP) - The U.N. Committee Against Torture strongly criticized Russia in a report for failing to investigate widespread allegations of torture and stepping up intimidation and reprisals against human rights advocates and journalists. The panel of 10 independent experts expressed concern...

Unpub. BIA Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization

Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: " Attached is a holiday surprise from the BIA that might be of interest to others. - Reversing IJ on the one yr. asylum bar finding extraordinary circumstances due to PTSD (entry 1984-filed 2008)...

San Diego IJ CAT Victory: Mexico, Mental Illnesses

Hats off to Cleveland attorney Anna Markovich , who represented the respondent pro bono at the BIA and as amicus curiae on remand. - "Upon a thorough evaluation of all the evidence and after very careful consideration of the BIA remand Order, the Court concludes that the respondent has met his burden...

Report: Tortured and Detained

"Detention is a daunting experience for anyone but particularly egregious for survivors of torture. For survivors, given the long-term impacts of torture and trauma, the fact of being detained at all is often retraumatizing. Further, particular elements inherent in the detention experience —...

Credible Fear Lesson Plan 'Undermines the Asylum Process' - Bill Ong Hing

"On February 28, 2014, you released a revised version of the " ADOTC Lesson Plan, Credible Fear of Persecution and Torture Determinations " to USCIS Asylum Office Directors and Asylum Officers throughout the country. I have reviewed the 47-page Lesson Plan and am deeply troubled by its...

Where in the World is Cruz Alberto Garcia?

On July 1, 2014, the U.S. Court of Appeals for the Fifth Circuit published an important opinion regarding CAT (Convention Against Torture,) Garcia v. Holder, No. 13-60381. I went to PACER and discovered that the petitioner was pro se! PACER also indicated that Garcia had been locked up at the South...

Former Salvadoran Defense Minister Ordered Deported for Responsibility for Torture, Extrajudicial Killings: Matter of Vides Casanova

Official Headnote: "The respondent is removable under section 237(a)(4)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(4)(D) (2012), where the totality of the record supported the conclusion that, through his “command responsibility” in his role as Director of the...

CA9 on CAT, Internal Relocation: Maldonado v. Holder (En Banc)

Court Staff Summary: "The en banc court overruled Hasan v. Ashcroft, 380 F.3d 1114 (9th Cir. 2004), Lemus-Galvan v. Mukasey, 518 F.3d 1081 (9th Cir. 2008), Singh v. Gonzales, 439 F.3d 1100 (9th Cir. 2006), and Perez-Ramirez v. Holder, 648 F.3d 953 (9th Cir. 2011), to the extent they conflict...

9th Circuit Decision an 'Important Step' for Mexican Torture Victims

"A federal appeals court on Friday overturned decisions that put the burden of proof on foreigners who claim they were tortured in their home countries to show they cannot safely return to another part of the country they fled. The 9th U.S. Circuit Court of Appeals said it is neither the responsibility...

ICE Removes (Deports) Vides Casanova, Former Salvadoran Defense Minister

"A former minister of defense of El Salvador was removed from the United States by officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) Wednesday, after the Board of Immigration Appeals (BIA) dismissed his appeal and upheld an immigration judge's...

Cornell Immigration Clinic Wins Interesting CAT Case

"From 2007 to 2010, Naskovets was an identity thief — the voice on the phone that explained questionable purchases to banks and gave final approval for fraudulent wire transfers. He didn’t convince every agent; about a third of the time, the scam didn’t work, he says. Hang up,...

Social Worker at ICE Prison for Refugee Moms, Kids Speaks Out - "What is Happening There is Tantamount to Torture"

Franco Ordoñez, McClatchyDC, July 27, 2015 - "Oliva López thought she’d be working with migrant mothers and children in a group-home setting when hired as a social worker at a Texas family detention center. But when she arrived at the concrete facility and the doors were unlocked...

What is torture?

Absence of visible daylight? Unsafe water? No watch or clock? No books, no television, no radio? In Arguelles v. United States AG, 2016 U.S. App. LEXIS 21034, the Eleventh Circuit Court of Appeals affirmed a decision to remove Freddy Arguelles to Venezuela, where he was immediately arrested...

CA9 on CAT, Mexico: Barajas-Romero v. Lynch

Barajas-Romero v. Lynch, Jan. 18, 2017 - "We hold that “a reason” is a less demanding standard than “one central reason.” The statutory language is unambiguously different, with different meanings, so there is no ambiguity justifying deference to the administrative agency’s...

CA9 on CAT, Ethiopia, Evidence: Agonafer v. Sessions

Agonafer v. Sessions, June 23, 2017 - "[T]he BIA abused its discretion by disregarding or discrediting the undisputed new evidence submitted by Agonafer regarding increased violence toward homosexuals in Ethiopia, including reports of violence by both the government and private citizens. Therefore...

CA9 on Jurisdiction ("A Trap for the Unwary") - Martinez v. Sessions

Martinez v. Sessions, July 20, 2017 - "In this case, a removed alien challenges a reinstated removal order by claiming that he has a reasonable fear of being persecuted in his home country of El Salvador. An asylum officer interviewed the alien and issued a negative reasonable fear determination...

CA6 on Jordan, CAT, Honor Killing: Kamar v. Sessions

Kamar v. Sessions, Nov. 17, 2017 - "The issue is whether a woman who will either be subject to an “honor killing,” or alternatively, “protective custody” in Jordan is entitled to relief. For the reasons set forth below, we GRANT the petition for review and REMAND the case...

Unpub. BIA Nicaraguan CAT Victory (Dec. 1, 2017)

"The applicant, a native and citizen of Nicaragua, appeals from an Immigration Judge's decision, dated June 8, 2017, denying his application for deferral of removal under the Convention Against Torture (Convention), 8 C.F.R. § 1208.17. The Department of Homeland Security (DHS) has not responded...

CA2 on Categorical Approach, CAT - Doe v. Sessions

Doe v. Sessions, Mar. 29, 2018 - "Petitioner John Doe seeks review of an April 13, 2016 judgment of the Bureau of Immigration Appeals dismissing his appeal from an October 22, 2015 decision of an Immigration Judge ordering Doe’s removal and denying his application for deferral of removal under...

CA7 on Honduras, CAT - Perez v. Sessions (May 2, 2018)

Perez v. Sessions (May 2, 2018) - "Perez argues that the immigration service erred by failing to make factual findings about whether he would have been tortured had he not narrowly escaped the gang’s violent recruitment efforts years earlier and that the Board improperly did not consider whether...