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Court Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan

The Sixth Circuit granted the petition for review of the BIA’s denial of relief under the Convention Against Torture (CAT), holding that given the likelihood that the petitioner would be subject to involuntary imprisonment at the hands of the Jordanian authorities, resulting in mental pain and suffering, the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan.

9th Circuit reopens CAT Claim

The Ninth Circuit granted the petition for review and remanded, holding that the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings to apply for protection under the Convention Against Torture (CAT), because it disregarded or discredited undisputed new evidence submitted by the petitioner regarding increased violence toward homosexuals in Ethiopia, including reports of violence by both the government and private citizens.

Court Remands for Reconsideration of CAT Eligibility of Petitioner with Ties to Mexican Drug Cartel

Where the petitioner contended that his removal to Mexico would result in his death at the hands of the notorious La Linea drug cartel, the Seventh Circuit remanded the case to the BIA for reconsideration of the petitioner’s eligibility for deferral of removal under the Convention Against Torture (CAT). The court concluded that the petitioner appeared to have a strong case for deferral of removal, and instructed the BIA to pay careful heed to the analysis found in this opinion and its recent decision in Rodriguez-Molinero v. Lynch.

Circuit Court Upholds Regulation Precluding an Individual Subject to a Reinstated Removal Order from Applying for Asylum

The Ninth Circuit found that 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, is reasonable, and entitled to deference under Chevron. Accordingly, the court affirmed the BIA’s conclusion that it could not consider the petitioner’s application for asylum in light of his reinstated removal order. The court remanded for the BIA to reconsider the petitioner’s applications for withholding of removal and protection under the Convention Against Torture (CAT) in light of intervening circuit precedent inHenriquez-Rivas v. Holder and Madrigal v. Holder.

Court Reverses Denial of CAT Relief Based on Internal Relocation Regulations

The Ninth Circuit issued an en banc decision that overruled previous decisions to the extent that they conflicted with the plain text reading of the regulations governing internal relocation and deferral of removal under CAT. The court held that neither the petitioner nor the government bears the burden of proof as to internal relocation; rather, such evidence, if relevant, must be considered in assessing whether it is more likely than not that the petitioner would be tortured if removed.

CA9 Finds ELF Is a Terrorist Organization; Grants Deferral under CAT

The court upheld the BIA’s findings that the Eritrean Liberation Front is a Tier III terrorist organization and that Petitioner engaged in terrorist activities, but finding the possibility of torture more likely than not, granted deferral.

Convention Against Torture

Generally, if you will be tortured, imprisoned, or persecuted for various reasons upon returning to your home country, you may qualify for relief under the Convention Against Torture (CAT). You can only apply for this form of relief if you are in Removal or Deportation Proceedings.

The implementation of CAT is from an International Treaty which the United States has agreed to be a country subject to the provisions of this treaty. It is officially known as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987, in accordance with article 27 (1). While it has been around for some time, it was only recently that the United States recently ratified its provisions.

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