Posted on December 4, 2017 by Brian D. Lerner
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.
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Filed under: best deportation attorney | Tagged: asylum, CAT, Convention Against Torture, honor killing, Ruling on Bail and ICE | Leave a comment »
Posted on August 1, 2017 by Brian D. Lerner
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.
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Filed under: best deportation attorney | Tagged: ., CAT, changed country conditions, Convention Against Torture | Leave a comment »
Posted on October 7, 2016 by Brian D. Lerner
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.
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Filed under: Immigration Attorney | Tagged: CAT, Convention Against Torture, drug cartel, Withholding | Leave a comment »
Posted on September 20, 2016 by Brian D. Lerner
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.
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Filed under: Immigration Attorney | Tagged: asylum, BIA, CAT, Convention Against Torture, reinstated removal order | Leave a comment »
Posted on March 21, 2016 by Brian D. Lerner
The Seventh Circuit granted the petition for review and remanded to the Board of Immigration Appeal (BIA), finding that the Immigration Judge and the BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel because of an unpaid drug debt and had informed against the cartel to the FBI and the DEA, was not entitled to deferral of removal under the Convention Against Torture (CAT).
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Filed under: asylum, Immigration Attorney | Tagged: asylum, cats, Convention Against Torture, withholding of removal | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner
The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that the evidence did not compel the conclusion that the petitioner established it was more likely than not that he would be perceived as a gang member and tortured in El Salvador due to his decorative, non-gang-related tattoos.
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Filed under: Immigration Attorney | Tagged: cats, Convention Against Torture, El Salvador, immigration tattoos, ninth circuit, tattoos | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner
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.
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Filed under: Immigration Attorney | Tagged: 9th circuit court of appeals, CAT, Convention Against Torture, internal relocation, Petition for Review | Leave a comment »
